TERMS AND CONDITIONS
Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (“Apple Terms”), and the Google Play Terms and Conditions (“Android Terms”), including, without limitation, their respective Licensed Application End User Agreement Terms and Conditions.
Subject to these Terms, IRM grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application and/or website for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) or Android phone or tablet (“Android Device”) owned or controlled by User as permitted by the usage rules contained in the Apple Terms or Android Terms, as the case may be, in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application and website unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Users under the age of eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application or visit the website and discontinue its use.
Application features may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to IRM, including its agents and third-party partners, and consents to IRM, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in IRM’s Privacy Policies.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the iOS Device or Android Device by the Application or website. IRM shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application or website. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the iOS Device or Android Device, including without limitation password-protecting the iOS Device or Android Device.
If the User is suffering from, or suspects they are suffering from, any kind of psychiatric or psychological disorder including clinical depression, they should only use the app in consultation and supervision of their Doctor or other qualified Medical Practitioner.
The user accepts that they are participating in live and recorded videos and workshops, and an online community and chat forums, including but not limited to fitness, health, yoga, therapy, nutrition, weight loss and other wellness related topics (collectively, the “content”) offered by IRM and/or its owners, instructors, teachers, workshop presenters, employees and independent contractors.
The user understand that it is their responsibility to consult with a physician prior to and regarding my participation in the activities resulting from this content. If the user has consulted a physician, they have taken the physician’s advice.
In consideration of being permitted to participate in the content, the user agree to assume full responsibility for any risks, injuries or damages, known or unknown, which they might incur as a result of participating in activities as a result of the content provided by IRM
In further consideration of being permitted to participate in the content, the user knowingly, voluntarily and expressly waive any “Claims” (as defined below) they may have against IRM, its owners, members, employees, and/or its instructors, employees, and/or independent contractors (each a “released” party) for any Claim that they may sustain as a result of participating in activities as a result of the content even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. The user agrees to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by them or anyone making a Claim on their behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. “Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that the user may suffer, or that the user’s unborn child may suffer (including any legal fees or expenses) in connection with the content.
The user, their heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
This agreement shall be construed in accordance with, and governed by, the laws of England and Wales.
The user acknowledge that they have carefully read this release and waiver of liability and fully understand its contents. The user voluntarily and knowingly agrees to the terms and conditions stated herein. The user is aware that by signing this release and waiver of liability, they are giving up substantial rights, including their rights to sue and certain legal rights for their heirs, next of kin, executors, administrators and assigns may have against any Released Party.
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities offered in connection with the IRM, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read this agreement and fully understand that it is a release of liability. You expressly agree to release and discharge IRM and its trainers, instructors, members, managers, owners, officers, employees, contractors, agents, and affiliates from any and all claims or causes of action, and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against IRM for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair IRM’s servers or networks;
- attempts to gain unauthorized access to a IRM computer network;
- attempts to gain unauthorized access to IRM’s user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner;
- fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
IRM reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that IRM reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by IRM (for example, in product marketing campaigns). User grants IRM and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
User agrees to indemnify and hold harmless IRM, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. IRM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
IRM IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IRM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL IRM OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. IRM, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall IRM, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $50, whichever is less.
IRM logo, and other IRM trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of IRM (collectively “IRM Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The IRM Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of IRM or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by IRM or the owner of the Content.
Choice of Law, Jurisdiction
These Terms are governed by the laws of England and Wales. The User irrevocably consents to the exclusive jurisdiction of the courts in England and Wales, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. IRM’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
IRM reserves the right to change or modify these Terms or any other IRM terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the IRM website (www.iRiseApp.com) or within the Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of IRM shall have any legal effect as a waiver by IRM of any Terms of this Agreement.
Third Party Beneficiary
User agrees that IRM’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
We welcome and encourage open discussion on IRM social media sites – including but not limited to our community area, blogs, Facebook, Twitter, Instagram, and YouTube pages – and look forward to any comments, stories, pictures, and experiences you want to share. That said, we do make reasonable efforts to monitor participation to ensure that you stay on topic, are courteous, and avoid making offensive comments. Please be aware that once you post something online, there’s the potential for thousands (or hundreds of thousands) of people to read your words, even years from now.
The opinions and or views expressed on IRM social media platforms, including, but not limited to, our blogs, Facebook, Twitter, Instagram, and YouTube pages, represent the thoughts of individual bloggers and online communities, and not those necessarily of IRM or any of their respective employees, or members of its board of directors. The opinions and views expressed on these pages do not in any way reflect the views of the site they are posted on, other sites affiliated with the site, the staff involved with maintaining the site or any members of the site.
While IRM makes reasonable efforts to monitor and/or moderate content posted on its social media platforms, we do not moderate all comments and cannot always respond in a timely manner to online requests for information. IRM reserves the sole right to review, edit and/or delete any comments it deems are inappropriate. Comments including but not limited to the following may be deleted or edited by the moderators:
- Abusive or hurtful comments about a blogger or another participant
- Off-topic and redundant comments (this includes promotion of events, groups, pages, websites, organizations and programs not related to or affiliated with the organization)
- Comments that use foul language or “hate speech” (for example, including but not limited to racial, ethnic or gender bashing language)
- Personal attacks or defamatory statements or comments (i.e., making negative personal or untrue comments about a participant), instead of just criticizing his/her posting, opinion or comments
- All links to other website found linked from IRM’s social media sites are provided as a service to readers, but such linkage does not constitute endorsement of those sites by IRM, and as such we are not responsible for the content of external websites.
By submitting content to any of IRM social media sites, you understand and acknowledge that this information is available to the public, and that IRM may use this information for internal and external promotional purposes and fundraising purposes. Please note that other participants may use your posted information beyond the control of Community Servings. If you do not wish to have the information you have made available via this site used, published, copied and/or reprinted, please do not post.
You are responsible for your safety online and offline on any of IRM’s community spaces. Do not share personal information or data with any of the other community members, including phone numbers, email addresses, etc, and do not agree to meet in person. If you do so, this is solely at your own risk.
If you have any questions regarding our privacy practices or terms and conditions, you can email us at firstname.lastname@example.org