TERMS OF USE

Learn Bhangra, LLC (“Company”) is the owner and operator of the Learn Bhangra application (the “App”) and its related websites (collectively with the App, the “Services”). Prior to using the Services, each user (“You”) must acknowledge receipt of and agree to the following terms and conditions (“Terms of Use”). By choosing to accept these Terms of Use, You are entering an agreement between the Company and You. You are agreeing to be bound by the Terms of Use and You agree that the Terms of Use govern Your use of the Services, either as a registered user or otherwise.
 

By using the Services and/or registering with the Company, You signify that You agree to the Terms of Use, including that You consent to the information practices contained in the Privacy Policy, which is incorporated herein by reference.

 

1.              Use of the Services. You agree to use the Services only for a lawful purpose and in a way that does not infringe the rights of, restrict, or inhibit anyone one else’s use or enjoyment of the Services. Prohibited behavior includes harassing or causing distress to any person or transmitting obscene or offensive content to anyone else. You may not use the Services in any way that is designed to damage, disable, overburden, or impair the Company’s servers or networks.

2.            Your Warranties. By using any of the Services, You represent and warrant to Company that:

a.          You are at least 13 years of age;

b.         If you under 18 years of age, your parent or legal guardian has read and agreed to this Agreement.

c.          You take sole responsibility for your use of the Services and will use general common sense when using the Services.

d.         You are in good enough physical condition to undertake the exercise program provided by the Services safely.

e.          If you have any doubts as to whether your physical condition will allow you to safely undertake the exercise program provided by the Services, you will immediately cease using the Services until you have consulted with a physician or other medical professional.

3.              Payment. Payment for use of the Services shall be made by a valid credit card, and all fees are payable in U.S. Dollars. Your use of the Services constitutes your agreement for Company to charge your credit card for the price of the Services. If your credit card is declined for any reason, Company reserves the right to terminate your use of the Services until such time as You have paid in full.

4.              Third Party Links. The Services may include links to other websites or sources of information (“Third Party Site”). This linking is provided for your convenience only. Such linking does not imply or constitute endorsement of a Third Party Site. The Company is not responsible or liable for the content, accuracy, or information on any Third Party Site, nor does the Company make any warranties regarding the content of any Third Party Site.

5.              No Unauthorized Access. You may not attempt to gain unauthorized access to the Services or the servers or networks of the Company through hacking, password mining, or other means. You may not attempt to probe, scan, or test the vulnerability of any systems, servers, or networks of the Company. You may not send unsolicited emails, including those for promotions or advertisements of other products and services, to the Company or users of the Company.

6.              User Content. You may have the opportunity to submit text, photos, and video relating to your use of the Services (“User Content”). You understand and agree that You are solely responsible for all User Content provided to the Company. You agree that all User Content you submit:

a.          Will be true and accurate to the best of your knowledge and belief;

b.         Will be free from inappropriate or offensive language and personal criticisms;

c.          Will not include any copyrighted or trademarked material or any other material that might infringe, misappropriate, or violate the intellectual property, publicity, privacy, or any other rights of any other individual or entity;

d.         Will be legal and will not advocate or encourage any illegal activity;

e.          Will not harass or advocate or encourage the harassment of another person;

f.          Will not be threatening, obscene, defamatory, libelous, or pornographic or sexually explicit in nature;

g.         Will not be harmful, injuries, or offensive in any way to the Company.

You agree that by providing User Content to the Company, You grant to the Company an irrevocable, perpetual, royalty-free, fully licensable, world-wide license to use, copy, digitally perform, digitally reproduce, reproduce, publicly display, and distribute the User Content. In addition, You grant to the Company the right to adapt, edit, translate, prepare derivative works of, and incorporate into other works the User Content.

You agree and understand that the Company may edit, publish, remove, or delete User Content at its sole discretion. You agree that the Company is not liable for any damages incurred by You or any third party as a result of the Company’s failure to edit, publish, remove, or delete any User Content.

7.              Intellectual Property. All copyright, trademarks, design rights, patents, and other intellectual property rights in 1) the Services, including, but not limited to all content and source code; 2) any websites owned or maintained by the Company; 3) and all User Content (collectively, the “IP”), shall remain vested in the Company. You may not:

a.          Copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, disseminate, make available to the public, or otherwise use the IP in any way other than for your own, personal, non-commercial use;

b.         Adapt, alter, or create a derivative work from the IP;

c.          Remove any copyright, trademark, or other property rights notices contained in the IP;

d.         Use any robot, spider, site search, retrieval application, or any other automated device, process, or means to access, retrieve, or index any portion of any website owned or maintained by the Company;

e.          Reformat or frame any portion of any website owned or maintained by the Company;

f.          Create user accounts by automated means or under false or fraudulent pretenses;

g.         Collect or store personal data of other users;

h.         Use any means, including software means, to conduct web scraping of any portion of any website owned or maintained by the Company.

8.              Disclaimer of all Warranties. You understand and agree there is no special or fiduciary relationship between You and the Company. You acknowledge that the Services, and any information provided either by the Services are provided as-is. The Company makes no warranties, either express or implied, about the Services. The Company expressly disclaims any warranties and representations of any kind relating to the Services, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, compatibility, security, and accessibility. The Company takes no responsibility and assumes no liability for any content or information provided to You. The Company does not guarantee that you will be able to access or use the Services at the times and locations of your choosing.

9.              Inherent  Risk  of  Physical  Activity  and Release. You expressly agree, warrant, represent, and understand that any physical activities or fitness regimens carry certain inherent and significant risks of property damage, bodily injury, or death, and that You voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or in part by the action, inaction, or negligence of Company or the Services. You expressly agree that Company is not responsible for the inspection, supervision, preparation, or conduct of any physical activities or fitness regimens in which You may participate.

 

YOU RELEASE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS,           AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES, FITNESS REGIMENS, OR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES, FITNESS REGIMENS, OR USE OF THE SERVICES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
 

(a) YOUR USE OR MISUSE OF THE SERVICES,

(b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY COMPANY WHILE ENGAGED IN ATHLETIC ACTIVITIES OR FITNESS REGIMENS,  

(c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES,

(d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e)
 

ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

10.           Company Does Not Provide Medical Advice. Company provides the Services for You to track, manage, and share your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINIONS. Company is not in the business of providing medical advice or opinions, and Company is not a licensed medical professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY OF THE CONTENT PROVIDED BY THE SERVICES, AND YOU SHOULD NOT USE CONTENT PROVIDED IN THROUGH THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY.

11.           Limitation of Liability. You understand and agree that your sole and exclusive remedy for any dispute with the Company is cancelation of your registration. You further understand and agree that the Company’s total liability to you arising out of your use of the Services, regardless of the number of claims made or forms of action, will be the greater of $100 or the total amount of fees you paid to register for the Services. In such jurisdictions where the above limitation is not permissible by law, Company’s liability shall be limited to the greatest extent allowable by the law of that jurisdiction. In no event shall the Company be liable to You, your heirs, or assigns for any indirect, special, incidental, consequential, or exemplary damages arising out of your use, or inability to use, the Services.

12.           Indemnification. You agree that You will defend, indemnify, and hold harmless the Company, its successors, assigns, directors, officers, agents, and employees against all actions, lawsuits, claims, proceedings, losses, damages, charges, expenses, and costs (including, without limitation, reasonable attorney’s fees and expenses) in any way arising out of, or related to, this Agreement, your acts, omissions, errors, or negligence, your use of the Services or any User Content submitted by You, regardless of whether the Company has edited, published, removed, or deleted it. The Company shall retain the right to select its own attorney in any action against it at your sole expense.

13.           Copyright Dispute Policy. It is the Company’s policy to prevent infringement of the copyrights of third parties. In order to further that policy, the Company will block access to or remove any content that it, in good faith, believes has been illegally copied or distributed. Company specifically instructs the users of the Services to refrain from uploading or transmitting any material that is subject to copyright, trademark, or other intellectual property protection. If You believe there is material in the Services that infringes a copyright, please send a notice to the designated agent (identified below) containing the following information in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3):

a.          An identification of all the copyrighted works You believe to be infringed;

b.         An identification of all the material in the Services that You believe infringe a copyright and information reasonably sufficient to allow the Company to locate the material;

c.          Information reasonably sufficient to allow the Company to contact You, including your address, phone number, and email address;

d.         A statement that you, in good faith, believe that the use of the material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or the law;

e.          A statement, made under penalty of perjury, that the information in the notice is accurate and that You are authorized to act on behalf of the copyright owner; and

f.          Your physical or electronic signature.

On receiving your notice, the Company will remove or block access to the infringing material, notify the content provider that the material has been removed or blocked, and terminate the access to the Services of repeat offenders.

It is the policy of the Company to comply with the counter-notice provisions of DMCA. If You have been notified that your content is infringing a copyright, you may send the Company a counter-notice, which contains the following information in accordance with 17 U.S.C. § 512(g)(3):

a.          Identification of the material that has been removed or to which access has been blocked, and the location of that material prior to removal or blockage;

b.         A statement, under penalty of perjury, that you have a good faith belief that the material was removed or blocked as a result of a mistake or misidentification of the material;

c.          Your name, address, telephone number, and a statement that you will consent to the jurisdiction of the United States Federal District Court for the judicial district in which your address is located; and

d.         Your physical or electronic signature.
 

On receipt of a counter-notice, the Company may send a copy of the counter-notice to the original complaining party and inform it that the content may be replaced or unblocked within ten (10) business days unless the initial complaining party files an action seeking a court order against the content provider. The Company may, at its sole discretion, restore or unblock the content within ten (10) to fourteen (14) business days after receipt of the counter-notice. DMCA Notices and Counter-Notices may be sent to the designated agent at:

Learn Bhangra, LLC C/O Miller & Monroe, PLLC 3321 Trillium Whorl Court Raleigh, NC 27607

14.           Authority to Accept Terms of Use. You agree and represent that if you are registering for an account or using the Services on behalf of an individual or entity other than yourself, You are authorized by said individual or entity to accept these Terms of Use on that individual’s or entity’s behalf.

15.           Changes to the Terms of Use. The Terms of Use may be changed at any time at the Company’s sole discretion. You agree that the Company has the sole right to change the Terms of Use and your continued use of the Services after any change to the Terms of Use constitutes your acceptance of the Terms of Use in effect at the time of your use of the Services.

16.           Choice of Law, Forum Selection. These Terms of Use shall be construed and enforced in accordance with the laws of the State of North Carolina, and any legal action under the Terms of Use shall only be commenced in Wake County, North Carolina or the District Court for the Eastern District of North Carolina.

17.           Attorneys’ Fees and Costs. The prevailing party in any litigation directly or indirectly related to the Terms of Use will be entitled to recover all reasonable costs and expenses, including attorneys’ fees and court costs incurred in such litigation, in addition to any other relief granted.

18.           Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior Terms of Use are hereby terminated and canceled in their entirety and are of no further force and effect.

19.           Unenforceability of Provisions. If any provision of the Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Terms of Use shall nevertheless remain in full force and effect.

20.           Successors and Assigns. All of the rights, obligations, duties and responsibilities under the Terms of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and their permitted assigns.

21.           Non-Waiver. No waiver by either party of any default in the terms, covenants, or conditions of the Terms of Use to be performed, kept or observed by the other party shall be construed to be or act as a waiver of any subsequent default of any such terms.