- ACCESS TO THE SERVICES; USE OF THE PRODUCT. The www.blueanatomy.com website and domain name and all other websites and domain names affiliated with Blue Anatomy Limited, and any other linked pages, features, content, mobile applications, or application services offered from time to time by Blue Anatomy Limited in connection therewith (collectively, the “Website”) are owned and operated by Blue Anatomy Limited. Blue Anatomy Limited may offer to provide certain services to you through the Website, as described more fully on the Website, that have been selected by you through the process provided on the Website (together with the Website, “Services”). The term “Services” shall include, without limitation, use of the Website, any service Blue Anatomy Limited performs for you and the content offered by Blue Anatomy Limited on the Website. Blue Anatomy Limited may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Blue Anatomy Limited may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Product for your own personal, non-commercial use, and not for the use or benefit of any third party. You may only use the Product in connection with the Services, and for no other use. Any software component embodied in the Product is licensed to you, and not sold. Blue Anatomy Limited reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Product following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.Blue Anatomy Limited does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Blue Anatomy Limited or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.You represent and warrant to Blue Anatomy Limited that: (i) you are an individual (i.e., not a corporation) and you either are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You understand and acknowledge that if you do not keep your account current and up-to-date, the Product may not function properly. You also certify that you are legally permitted to use and access the Services and the Product and take full responsibility for the selection and use of and access to the Services and the Product. This Agreement is void where prohibited by law, and the right to access the Services and the Product is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services and the Product, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and Product.
- WEBSITE CONTENT. The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Blue Anatomy Limited or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without Blue Anatomy Limited’s prior written consent.
We try to provide helpful and accurate information on, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by Blue Anatomy Limited, Blue Anatomy Limited employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.
Under no circumstances will Blue Anatomy Limited be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Blue Anatomy Limited may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Blue Anatomy Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
There are several areas on the Website on which users may post information, including journals and message boards on user profiles, food pages and photos (collectively, “Community Pages”). Any information posted to the Community Pages can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Blue Anatomy Limited does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of Blue Anatomy Limited. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.
In using our Community Pages you agree to follow our Community Guidelines which includes the following provisions: Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. 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 harassment.
- Do not post advertise or promote products commercially.
- If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED.” We may determine in our sole discretion whether to close or delete threads.
Blue Anatomy Limited has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Blue Anatomy Limited deems appropriate.
- REGISTRATION AND SECURITY. As a condition to using the Product or some aspects of the Services, you may be required to register with Blue Anatomy Limited and select a password and user name (“Blue Anatomy User ID”). You shall provide Blue Anatomy Limited with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Blue Anatomy User ID a name of another person with the intent to impersonate that person; or (ii) use as a Blue Anatomy User ID a name subject to any rights of a person other than you without appropriate authorization. Blue Anatomy Limited reserves the right to refuse registration of or cancel a Blue Anatomy User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Blue Anatomy Limited the right to use your information in connection with the operation of the Website. Blue Anatomy Limited cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.You represent that the information that you provide about yourself as requested in the Blue Anatomy Limited account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Blue Anatomy Limited with your current email address, so that you may receive notifications and other account-related communications.
- INDEMNITY. You will indemnify and hold Blue Anatomy Limited, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services or the Product, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
- EMAIL RULES. Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, 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. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL BLUE ANATOMY LIMITED OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, THE PRODUCT, THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $200; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND BLUE ANATOMY LIMITED’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- FEES AND PAYMENT.
Though many of our Services are currently free, Blue Anatomy Limited reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Blue Anatomy Limited reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
- THIRD PARTY WEBSITES. The Services may contain links to third party websites that are not owned or controlled by Blue Anatomy Limited. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Blue Anatomy Limited has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Blue Anatomy Limited will not and cannot monitor, verify, censor or edit the content of any third party site.By using the Services, you expressly relieve and hold harmless Blue Anatomy Limited from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Blue Anatomy Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Blue Anatomy Limited is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Blue Anatomy Limited, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Content accompanying Blue Anatomy products, services or website is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Blue Anatomy Limited. Blue Anatomy Limited requires that you consult with your physician before following any training instructions you receive through the Website or product. Not all exercises or activities described are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have Type 1 diabetes or other adverse medical or nutritional conditions. By using the Blue Anatomy products, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through our products or website. If you engage in any exercise program you receive through our products or website you agree that you do so at your own risk and are voluntarily participating in these activities.
Nothing generated from the Blue Anatomy Limited electronic device or reported or displayed on the Blue Anatomy Limited website should be considered as medical advice or diagnosis. The information and reports generated by the Product and/or the website should not be interpreted as a substitute for physician consultation, evaluation or treatment.