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Terms of Use

Last Updated: January 17, 2021

These Terms of Use (these "Terms") are a legally binding agreement between YMCA 360 STUDIOS, INC., a Kansas not-for-profit corporation (referred to in these Terms as "YMCA360" "we," "our," "us" and similar terms) and each person who accepts these Terms (referred to as "you," "your," and similar terms).

By clicking "I Accept" or taking similar action to accept these Terms, or using https://ymca360.org or any of our other Apps, you expressly acknowledge that you have read and understand and agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE APPS.

  1. The Apps. These Terms govern your use of https://ymca360.org and all related web applications, mobile applications, television applications, other technology, and websites provided by YMCA360, and all services that we provide to you through one or more Apps from time-to-time (collectively, the "Apps").

  2. Acceptance of these Binding Terms. The Apps are offered to you on the condition that you accept and agree to be bound by these Terms in their entirety without modification of any kind. By accessing and/or using any of the Apps, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the one or more of our Apps) or you are a "Registered User" (which means that you have registered to use the Apps).

  3. Third Party Terms and Services. The Apps may provide access to third party services or applications ("Third Party Apps"). Your use of the Third Party Apps, which may enhance or be necessary to enjoy some features or functions the Apps, are solely at your own cost and risk, and may require that you enter into separate terms of use or other agreements with the applicable third parties. You agree that we have no liability to you relating to your use of the Third Party Apps, and your sole rights and obligations, if any, relating to the Third Party Apps, will be with the applicable Third Party.

  4. Health and Medical Concerns. Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be used by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program, or using any suggested equipment shown in any of the videos from YMCA360. YMCA360 is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves, and instruction are not required to be performed by you and are carried out at your election while viewing YMCA360 videos. Nothing contained herein should be construed as any form of such medical advice or diagnosis.

    By using the content provided through the Apps you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time, instructors may suggest physical adjustments or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind arising out of your use of the Apps and App Content, participation in a YMCA program or use of a YMCA facility against YMCA360, or any person or entity involved with YMCA360, including without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

  5. General Registration Requirements. Visitors are permitted to view limited portions of the Apps. Full access to Apps is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must have an active YMCA membership with a designated YMCA branch that we have authorized ("Your YMCA"), you must register through the App(s), you must complete the registration procedures displayed on the registration page(s) of the Apps. If we permit you to become a Registered User and you do not have a YMCA Membership at an authorized YMCA branch, we may subsequently terminate your right to use the Apps at any time without notice. Reference to your user account will be inclusive of all user accounts you may have with any of the Apps; use of the Apps may require that you separately create a user account with each App.

  6. General User Requirements. The Apps are intended solely for users who are at least 18 years old and who meet the legal requirements to engage the applicable services. The Apps are only intended for use within the United States or other countries that we authorize for use of the Apps. The Apps may not be available in all localities or markets. By using the Apps, you also certify that you will not use the Apps if any applicable laws prohibit you from doing so in accordance with these Terms.

  7. Purchases Through the Apps. If we make any purchases available to you through the Apps, you agree to pay for your purchases using a valid payment method upon the payment terms and in the amounts displayed at the time you make the purchase. You Authorize us to process any form of payment you provide to us through the Apps.

  8. Permitted Use. You may only use the Apps to create a user account and to view and access the App Content and features provided through the Apps for personal uses only, and for such other purposes as we authorize from time-to-time.

  9. Content. The content available through the Apps generally consists of (a) content created and/or acquired and owned by YMCA360 ("YMCA360's Content"), (b) content owned by third parties and licensed to YMCA360 for specified uses on or through the Apps ("Third-Party Content"), and (c) content that may be posted and/or otherwise uploaded to the Apps by you or other users ("User Content"). As between you and other users, however, the content posted by other users is considered to be Third-Party Content. All of the foregoing are collectively referred to as "App Content." We may modify, remove or reindex or reorganize the App Content at any time.

  10. Limited License to Display App Content. YMCA360 hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the YMCA360 Content and the Third-Party Content located on or available through our Apps at any one time (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with using the Apps while you are a Registered User. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by YMCA360 as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any App Content for any purpose whatsoever.

  11. Reservation of Rights. The App Content is protected by copyright, trademark, patent, trade secret, and other laws. YMCA360 and its third-party licensors own and retain their respective rights, title, and interest in and to their respective content subject only to the limited license granted to Registered Users as set forth above.

  12. User Submissions. We welcome your comments regarding the Apps. We appreciate hearing from you. If you submit feedback to us regarding the Apps, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission will become solely our property. A User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any User Submission. We shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission and any Profile Information you provide for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

  13. Acceptable Use Policy. You agree that you will use the Apps only in a manner that complies with and does not violate any local, state, national or foreign law, rule or regulation. You acknowledge that you may not use the Apps in any way that:

    1. harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    2. is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person's privacy, obscene, pornographic, offensive, or exploits any person in any way;
    3. solicits any personal information from any person who is a minor, except if consented to by the parent or legal guardian of the minor;
    4. includes personal or identifying information about another person without that person's express consent;
    5. impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
    6. is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter;
    7. constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses;
    8. constitutes conduct that would give rise to civil liability or otherwise violate any law;
    9. violates, plagiarizes, or infringes our rights or the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
    10. violates any law or contractual relationship to which you are subject;
    11. transmits software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment;
    12. restricts or inhibits any other user from accessing or using the Apps, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Apps in any manner;
    13. uses any robot, spider, crawler, scraper or other automated means not expressly authorized by us to access the Apps;
    14. circumvents or attempts to circumvent any measure designed to protect the Apps, or third parties;
    15. use the Apps for any commercial purpose except as expressly permitted in these Terms; or
    16. export or otherwise transmit the Apps outside of the United States.

  14. Termination or Suspension of Your Account. You may terminate your user account at any time as provided through the Apps; you may have to terminate your user account separately through each App. We reserve the right to suspend, restrict or terminate any user account or access to the Apps at any time and without notice if we, in our sole discretion, suspect or determine that you violated these Terms; violated any law or third-party agreement; or committed any other act which we, in our sole discretion, consider to be detrimental to or inappropriate for the Apps. We may terminate your account at any time for any reason without notice. Your right to use the Apps will automatically terminate upon the termination of these Terms. Your right to use the Apps will also terminate upon the termination of our relationship with Your YMCA.

  15. License. We hereby grant to you a limited, personal, non-exclusive, non-assignable, non-commercial, and non-sublicensable license to access, install, and utilize the App Content for the sole purpose of using the App Content in the manner provided in these Terms. We grant you the limited right to download and install the YMCA360 mobile and television apps from an authorized, legitimate marketplace such as the Apple iTunes store or Google Play. You agree that we have not granted you any right or license not expressly provided in these Terms.

    You agree not to copy, prepare derivative works based on, use for competitive purposes (including in connection with the preparation of, planning for, development of, or in any way related to the operation, marketing, development, deployment, or sale of competing products or services), reverse engineer, or attempt to duplicate any of the Apps, in whole or in part. You certify that you are using the Apps solely for the purpose of creating a Profile and using the Apps as permitted by these Terms and not for any other purpose. You agree not to data mine, scrape, fusker, or otherwise attempt to employ any process or technique, automated or manual, to extract information or content from the Apps.

    All aspects of the Apps, including all aspects of their presentation and all of their underlying code, including, but not limited to, their design, organization, structure, selection, coordination, expression, "look and feel," and arrangement are controlled, owned or licensed by or to us, and are protected by law. No part of the Apps may be used in any manner not expressly authorized by these Terms. No part of the Apps may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed without our express prior written consent

  16. Mobile and Internet Services. To use or access the Apps you will need a compatible device. We cannot guarantee that the applications will be compatible with, or available on, your device. Also, your phone company and internet service provider's normal messaging, data, and other rates and fees will still apply.

  17. Communications. By creating a user account or otherwise providing your contact information to us, you agree to receive communications from us, including via e-mail. Communications from us may include but are not limited to: operational communications concerning your user account or use of the Apps, updates concerning new and existing features on the Apps, communications concerning promotions run by us or our third-party partners, and news concerning our business and industry developments. You may opt out of receiving promotional emails by following the unsubscribe options in the promotional email itself. You also agree that we may respond to your communications to us through the Apps, by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us. Your phone company's normal messaging, data, and other rates and fees will still apply.

  18. Privacy and Policies. Your use of the Apps is subject to our Privacy Policy available at https://ymca360.org/privacy-policy or otherwise posted in any of the Apps, and all other policies that we provide to you from time-to-time by posting such policies on the Apps or otherwise providing them to you (collectively, the "Policies"). You agree that the Policies are a part of these Terms. We may modify the Policies at any time in the same manner as we may modify the rest of these Terms.

  19. Our Right to Modify these Terms. We may modify these Terms at any time by providing to you a modified copy of these Terms by email or by posting them in the Apps. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Apps after the effective date of the modified Terms. Your continued use of the Apps after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the Apps after the effective date of any such changes shall constitute your consent to the changes. These Terms may only be modified as provided in this Section or by written agreement of the parties.

  20. Continuing Liability. Even after you are no longer an active Registered User and after termination of your user account, you will remain bound by the representations, warranties, and promises you have made to us regarding any User Submissions, User Content, or other information you provided to us. You will likewise remain responsible for any injury, damage, or other liability that arises out of or relates to your User Submissions, User Content, or Profile Information, or any other aspect of your use of the Apps.

  21. Access After Termination. Upon expiration or any other termination of your user account, you will no longer have access to your user account, the Apps, nor any information entered into and stored in the Apps. After your user account is terminated, we have no obligation to maintain any information stored in or related to your user account, including, but not limited to, your User Submissions, User Content, or Profile Information. We reserve the right to permanently erase all User Submissions, User Content, Profile Information, and other information you submitted or otherwise had access to at any time after your user account is terminated.

  22. Disclaimers. The following disclaimers are made on behalf of us, our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, and owners. The Apps are provided on an "as is" and "as available" basis and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the Apps, including the ability to access the Apps at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Apps will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the Apps will be corrected, or that the Apps will be free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the Apps. We expressly disclaim all liability arising from the unauthorized use of your user account. You agree to comply with all laws that govern your use, possession, and authorized or unauthorized disclosure or data breach involving personally identifiable information, and all other information that you receive or submit to us through use of the Apps.

    We make no representation, warranty, or guaranty that anyone who uses the Apps will be able to achieve any particular result, or that the content of the Apps is accurate, complete, or current.

  23. Limitation of Liability. To the fullest extent permitted under applicable law, you hereby agree that you will defend, indemnify and hold harmless us, and our officers, directors, owners, shareholders, agents, employees and representatives, and any related or affiliated companies or persons and their respective officers, directors, owners, shareholders, agents, employees and representatives (collectively, "YMCA360" for purposes of this Section only), from all liabilities, including but not limited to any direct, indirect, consequential or punitive damages arising out of or relating to your access to or use of the Apps, your violation of these Terms. You agree to hold YMCA360 harmless from and against any liability for damage or injury to any person's property, injury to a person or death, any claim based on any inclusion or omission in the Apps, any claim based on our procurement, compilation or delivery of the Apps on this website, any claim based on any errors, omissions or inaccuracies in the Apps or the delivery of the Apps, regardless of how caused, any claim based on delays, interruptions or incompleteness in the Apps, and any claim based on any action or inaction or decision made arising out of, relating to or relying upon the Apps.

    IN NO EVENT WILL YMCA360 BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE APPS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE APPS, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  24. Intellectual Property. All intellectual property rights in the Apps are owned by us or third parties absolutely and in their entirety. These rights include, and are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks and service marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of those rights.

  25. General. these Terms shall be governed by the laws of the State of Kansas without regard to conflict of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. In that event, a court of competent jurisdiction will replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible under applicable law, the same effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. These Terms contain the entire understanding and agreement between you and us with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreement between the parties. References to these "Terms" will be deemed to include a reference to all Policies. The relationship of the parties is solely that of licensor and licensee, as applicable. No partnership, employment relationship, joint venture or other relationship will be deemed to exist among or between any of the parties as a result of, or in connection with these Terms.

  26. Mandatory Arbitration, Venue, Limitation of Remedies and Damages. All controversies, claims, and disputes of any kind arising out of or relating to these Terms, or the Apps, shall be subject to mandatory binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration proceedings shall be held in the Sedgwick County, Kansas.

  27. Notices. Except as expressly stated otherwise, any notices to us shall be emailed to support@ymca360.org or through any means we designate in the Apps. All notices we send to you will be sent to you through the Apps or given to you via the email address or physical address you provide to us in your user account. We may update our email address or method of receiving notices from you at any time by providing written notice to you, updating the applicable features in the Apps, or by notifying you in writing.