Terms of Service

Last updated April 21, 2016

Introduction

Key Media Group, LLC and The Vea Fitness website and mobile application (“us” or “we” or “our” or “Key Media Group, LLC”) provide digital ways to track, manage, share and gaining rewards for your fitness activities, as well as following fitness trends and tips through the Vea Fitness Energy Blog. It is provided to you by Key Media Group, LLC., in connection with our partners, service providers, sponsors, or other affiliates. To ensure our optimal management of these sites, we have laid out certain Terms of Service that guide your usage of these sites. Each user is subject to abiding by these Terms of Service. These terms work in concert with our Privacy Policy (www.VeaFitness.com/privacypolicy), and the terms from each apply to each user of our “Services”.

By utilizing our Services through the website and mobile application, you acknowledge that you have read, understood and agree to follow these Terms of Use and Privacy Policy. All users of our services are required to accept and abide by these policies. If you do not, you are not authorized to use our Services. As business structure changes, we may update these terms. In the case that we do update them, we will notify you and give you the option to opt-out.

Use of the Services

Our Services inherently exchange data, text, graphics, images, video, software, audio and other material (collectively referred to as the “Content”). Any Content passing through our Services may be owned by us or provided by other users of our Services or through one of our partnerships, sponsorships or affiliates. We reserve the right to utilize this content for internal, marketing and partnership purposes as noted in our Privacy Policy. All of this Content is copyright protected in the United States and outside the US. Any publication of Vea Fitness’ content without explicit authorization could violate copyright, trademarks and other laws. This content is owned by Key Media Group, LLC and cannot be utilized for your own personal or commercial purposes outside the terms of this agreement. Anyone using this Content without explicit written consent from Key Media Group, LLC is not allowed. Beyond that, any other use of our Content outside these terms is unlawful and is subject to legal recourse.

If you choose to copy any Content found in our Services, it is your responsibility to maintain our proprietary notices explained in the Privacy Policy and here in the Terms of Service. This Content cannot be repurposed for commercial purposes, and it is unlawful to sell, transfer, assign, license, sublicense or modify the content. Other disallowed practices include reproducing, displaying publicly, making an iteration of, distributing or other use of the Content – beyond the originally intended purposes of the Vea Fitness Services – that inherently involve publishing certain content publicly, either through the “Social Feed” or by using the “Share to Facebook/Twitter” function within our Services. If these Content usage rules, or any of the Terms of Service are violated, we automatically deny access to Our Services for that user, and also any Content. Any copies or reproductions of this Content are required to be deleted immediately as well.

Vea Fitness partners with various companies so that we can offer you monetary and other rewards for your activities, hereafter referred to as Partners. Partners may show logos, names and brands in Our Services, and these are owned and protected through trademarks and copyright (“Third-Party Trademarks”). By using Our Services, you agree to not use, copy, reproduce, iterate on or any other repurpose of these Third Party Trademarks. Our Services link to these outside brands (“Outside Brands”) through Fitness Challenges. The Third Party Trademarks may not be used to abuse, slander or otherwise express issue against their respective owners – in a way that we consider negative and therefore damaging to their brand or trademarks. However, Vea assumes no responsibility or accountability for how users post this Content to Our Services, in features such as the Social Feed within the Vea Mobile Application.

Each of these features, including Data, Content and Partners is provided to improve your experience using our Service. It is expected that users handle this information with respect, and certain activities are strictly prohibited, including:

  1. Collecting usernames, email addresses or other means of contact
  2. Sending unsolicited email or communications to our users
  3. Any usage of Services that in our judgement harms the functionality of our Services or user experience, through reduced reliability, speed or operation of both our hardware and software
  4. use of any web scraping service, harvesting or data extractions from Vea Fitness, even if given permission by Vea account owners that is in violation of these Terms of Service or Privacy Policy

By using our Services, you inherently confirm that you are above the age of 13. If not, we reserve the right to delete your account immediately without warning.

User Generated Content

Vea Fitness and its various services allows users to submit their content to our Services (User Content) on our servers. We may use this User Content in our Services for sharing and or publishing. Any content uploaded by users is not gauranteed confidentiality. If you do not want your content shared, navigate to “Settings” and toggle “Share my runs publicly” off. You may also sign up for our Services with email instead of Facebook login. An easy way to think about this: Do not share anything on Vea Fitness that you would not want shared elsewhere.

In submitting User Content, you assume certain responsibilities and verify that:

  1. you own the content or the necessary rights, licenses, consents, trademarks, copyrights and permissions needed to share it
  2. You have expressed consent, release and/or permission of each and every identifiable individual person in the User Content to use their names or likeness before posting them

By submitting your User Content to Our Services, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successor’s’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels or through sharing with Partners.

By using Our Services, you grant other users on Vea Fitness and the Services non-exclusive rights to access any content that you have put given to the Services through usage, submission and other any means, if you have your user Settings permitting this access level. We may use, reproduce, distribute, prepare derivative works of, display and perform such user content as permitted throughout the Services and within these Terms of Service. In order to protect this information, we maintain copies of User Generated Content as a backup, security or maintenance measure, within the statutes of the law.

User Content submitted by you must be legally acquired and shared. Do not submit:

  1. Content that is copyrighted, confidential, owned by someone else, or containing trade secrets – unless you own the rights to or have explicit permission to share that User Content.
  2. Information that defames, falsifies, or misrepresents Vea or any other user of our Services
  3. Material that is unlawful, porgnagraphic, harassing, obscene, violent in any way, threatening, libelous, hatefully, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense
  4. Post any advertising content or solicitations
  5. impersonating another person or user

All Content is expressed is the explicit opinion of the user submitting it, and does not reflect the beliefs of Vea as a company or it’s team members. Any opinions, recommendations or advice expressed on Our Services is strictly that of the user stating it, and we explicitly disclaim any and all liability in this Content.

Vea and its Services do not permit copyright infringing activities and any violations of intellectual property rights conducted via our Services and reserve the right to, without notice remove any and all Content if we are notified that a user’s Content infringes on another’s intellectual property rights. In addition to removing such content, we also reserve the right to block any user from our services based on violations of these terms, or any other terms outlined in this document or the Privacy Policy. Any user who continually violates copyright infringement after initial warning, as determined by Us, is subject to being classified as a Repeat Offender. Any Repeat Offender is subject to being blocked from our Services, and reported to police or any other enforcement body as we see fit.

If you feel that content on Our Services violates copyrights, or have found your owned content or intellectual property on Our Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We have appointed a specific person within our Company to recieve notifications of, and address any notices relating to copyright infringement, or any other violation User Content, Terms of Service, or Privacy Policy. Please contact Jonathan Maxim, ℅ Key Media Group, LLC – email dmca@veafitness.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contact email address at support@veafitness.com.

Indemnity

By using our Services, you authorize, indemnify and release our responsibility from and against any claims, actions or demands, including without limitation any reasonable legal and accounting fees, arising from or caused by your breach of these Terms of Use, or by misusing any of the content provided by our Services. We will provide notice to you of any claim, suit or legal proceeding and will help you – at your own expense, in defending any such claim, suit or proceeding. We claim the right to control any matter which is subject to indemnification under this section. You agree to cooperate with reasonable requests in assisting our defense of such a case.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. ANY INJURY, ACCIDENT OR OTHER INCIDENT THAT OCCURS WHILE USING OUR SERVICES, WE ASSUME NO RESPONSIBILITY, AND RECOMMEND SAFE CONSUMPTION OF OUR RUN TRACKING, AND OTHER SERVICES.

WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

No Medical Advice

Vea Fitness and its services are intended to help track, manage and share your fitness activities. However, we do not provide ANY MEDICAL ADVICE, and should not be interpreted as so. We are not licensed medical professionals, nor are we in the business of providing healthcare or medical. Any content posted by other Users of our Services should be treated as non-professional, and is not medical advice. Any recommendation made our users or the Vea Fitness Energy Blog should be consulted by a certified medical professional before implementation or usage. We assume no responsibility for any accidents or negative actions resulting from the misuse of our Content interpreted as medical device. Your using of our Website, Applications or services DOES NOT CREATE A DOCTOR PATIENT RELATIONSHIP between you and Vea Fitness or Key Media Group, LLC.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of the Arlington, VA, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the Arlington, Virginia. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

All sections of these Terms of Use that, by their nature will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.

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