Your Privacy Settings
Boditrax users can share profile information with other profile holders or the broader Boditrax community. They do so at their own discretion and can manage their own privacy settings within their profile.
Subject to Boditrax's adherence with the privacy settings you select within the Boditrax Services, you hereby grant to Boditrax a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Boditrax Services selectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals and user comments. Subject to Boditrax's adherence to the privacy settings you select within the Boditrax Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Boditrax's use of the User Generated Content or require your permission for Boditrax to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Boditrax or its sub licensees relating to Boditrax's or its sub licensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Boditrax and its sub licensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms or other computer programming code that is intended to damage, detrimentally interfere with or surreptitiously intercept data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
Ownership of the Boditrax Services
Boditrax users may make their email addresses available if they wish to chat online with other users. If you use this information, you agree not to transmit "spam"or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. A user found using email information in this manner is likely to have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.
The Boditrax Service offers a forum and profile holders area on which profile holders can post information such as blogs, status updates, messages, notes and photo (these By using our Bodichat Pages, you agree to adhere to the following community guidelines: Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what you find effective may not necessarily be effective for others. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content. Do not post profile pictures that might be considered inappropriate. Do not post communications that could be interpreted as threatening or harassing.. Do not post, advertise or promote products commercially. Boditrax has the right to remove a post on the Bodichat Pages if it does not meet these standards or for any other reason Boditrax deems appropriate. Copyrighted Materials You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by you. If you feel that any content posted on the Boditrax Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to Boditrax support.
User Indemnification of Boditrax
If Boditrax determine that any user is not using the Boditrax Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Boditrax Service. We
Changes to Boditrax Services
Boditrax may change or discontinue, temporarily or permanently, any feature or component of the Boditrax Services at any time without further notice. In addition, we may, without notice to the user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Boditrax shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Boditrax Services.
Third Party Services
The Boditrax Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of linksto third party websites on our Boditrax Services does not imply approval or endorsement of the linked website by us. If you decide to leave our Boditrax Services and access
Content and Warranty Disclaimer
The Boditrax website is provided by Darkwater Systems Limited. Boditrax nor its partners, suppliers, or affiliates may make any representations or warranties of any kind, express or implied, as to the operation of the Boditrax website, its contents, or any information made available by or through the website. Furthermore, Boditrax and its partners disclaim all warranties with respect to the website, express or implied, including (but not limited to) the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Furthermore, Boditrax does not warrant that the use of the website will be uninterrupted, available at any time or from any particular location, secure or error-free, that any defects will be corrected, or that the website is free of viruses or other potentially harmful components.
Limitation of Liability
Under no circumstances will Boditrax be liable for direct, indirect, incidental, punitive or consequential damages (including but not limited to, those relating from loss of profit, data or interruption to business) arising out of the use, inability to use correctly or the as a result of use of the Boditrax service, website, irrespective of whether any damages are based on warranty, contract, tort or legal theory and regardless of whether Boditrax has been informed of the possibility of any damages claim that maybe arising. The aggregate liability of Boditrax arising for or in respect of the website (regardless of the form of any action or claim) is limited to £100.00. Any partner, affiliate or provider of Boditrax has no liability howsoever arising from the Boditrax website. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Terms Specifically Related to Boditrax Service
For users who have elected to purchase a subscription to the Boditrax services the following additional terms and conditions shall apply:
Description of the Service.
If you sign up for a Boditrax Membership, for your membership fee, Boditrax hereby grants to you a license to use the following features and services solely for your personal, non-commercial use, subject to this Agreement: Boditrax Site, Boditrax Service and Boditrax Mobile Applications.
You agree to pay Boditrax the stated fees for the service for the duration of time and the amount you selected on the sign up page. You permit Boditrax to charge this fee to your card and automatically renew the charge for the duration of your membership until you cancel. We may use a third party card payment processor to process all payments.
Automatic Renewal and Cancellation.
Boditrax membership fees will be charged to your card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done in the My Account area on Boditrax. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your card is invalid for any reason, charged back, or if Boditrax does not receive payment, we will cancel your member benefits immediately.
Refund Policy and Termination.
If Boditrax cancels the entire Service, you may request a refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If Boditrax makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and Boditrax will refund the prorated amount of the fees for the Service. If you cancel within 30 days of joining or renewal,
Representations, Warranties and Covenants.
You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorised or prohibited use of your membership or the Boditrax site.
All of the data is hosted by a Third Party within the EEA and managed by a Third Party within the EEA.
Subject to the termination and refund rights above, you agree that Boditrax reserves the right to amend the Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Boditrax site or sent to you by