I. Introduction and Eligibility
Binding Agreement. These Terms constitute a binding agreement between you and Burn This, Inc. and its affiliates, Burn This.com, and Burn This’s mobile application (“Burn This,” “We,” “Us”). “You” and “Users” means all visitors to the Burn This Service. You accept these Terms each time you access the Burn This Service. If you do not accept these Terms, you must not use the Burn This Service.
Revisions to Terms. Burn This may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Burn This Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the Burn This Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The Burn This Service AT ANY TIME OR IN ANY MANNER. If you are under the age of 18 or the age of majority in your jurisdiction, you may only use the Burn This Service under the supervision of a parent, legal guardian, or other responsible adult.
The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Burn This Service.
II. Burn This’ Content Ownership and Use
The contents of the Burn This Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Burn This content (collectively, “Burn This Content”). All Burn This Content is the property of Burn This or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Burn This Content on the Burn This Service is the exclusive property of Burn This and is protected by copyright, trademark, and other laws.
License to You. Burn This authorizes you, subject to these Terms, to access and use the Burn This Service and the Burn This Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Burn This Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Burn This Content on any copy you make of the Burn This Content.
Burn This Marks. Burn This, the Burn This logo, and other Burn This logos and product and service names are or may be trademarks of Burn This (the “Burn This Marks”). Without Burn This’s prior written permission, and except as solely enabled by any link as provided by Burn This, you agree not to display or use in any manner the Burn This Marks.
III. Intellectual Property Rights and Your License to Use
Burn This Claims No Ownership. The Burn This Service may provide you with the ability to create, post, or share content (“Your User Content”), such as ratings, reviews, comments, photos, and other content. Burn This claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Burn This Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Burn This Service, any right, title, or interest in or to such content delivered via the Burn This Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
License to Burn This. By posting Your User Content on or through the Burn This Service, you grant Burn This a universal, non-exclusive, royalty-free license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all Your User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed for any purpose, including for the purpose of promoting Burn This and its services in any media formats and through any media channels. You acknowledge that Burn This may choose to provide attribution of Your User Content at our discretion. Burn This will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Burn This Service. Burn This reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Burn This Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Burn This Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Burn This Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Burn This Service.
The Burn This Service contains content from Users and other Burn This licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Burn This Service.
IV. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Burn This Service infringe your copyright, you (or your agent) may send Burn This a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Burn This Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Burn This to locate the material on the Burn This Service;
- Your name, address, telephone number, and email address (if available);
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Burn This a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Burn This Service should be sent to Burn This, Inc., 90 Lexington Ave. #3B New York, NY 10016 or firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
V. Suggestions and Submissions
Burn This appreciates hearing from its Users and welcomes your comments regarding the Burn This Service. Please be advised, however, that Burn This does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While Burn This values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Burn This creative ideas, Burn This
- Shall own, exclusively, all now known or later discovered rights to the creative ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VI. User Content Disclaimers, Limitations, and Prohibitions
Burn This does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users (“User Content”), studios, or other third-party service providers, derivative works from User Content, or any other communications posted by Users. You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk. You also accept the risk that you might be exposed to User Content that is offensive, indecent, objectionable, or otherwise inappropriate.
If you post User Content in any public area of the Burn This Service, you also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Burn This Service retains any and all rights that may exist in such User Content. You agree that you have read and understood our Content Guidelines.
A. Prohibited Burn This Service Uses
You agree to use the Burn This Service only for its intended purpose. You must use the Burn This Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Burn This Service are prohibited. You may not:
- Aggregate, copy, or duplicate any Burn This Content;
- Use data mining, robots, or other data gathering devices on the Burn This Service;
- Remove, disable, damage, circumvent, or otherwise interfere with the security of the Burn This Service;
- Interfere or attempt to interfere with the proper working of the Burn This Service;
- Gain unauthorized access to the Burn This Service or computers linked to the Burn This Service;
- Attempt to reverse engineer, or reverse engineer the Burn This Service;
- Frame or link to the Burn This Service without permission;
- Attempt to or submit a virus to the Burn This Service;
- Take any action imposing an unreasonable or disproportionately large load on Burn This’ infrastructure;
- Attempt to or obtain unauthorized access to other Users’ accounts;
- Sell, transfer, or assign any of your rights to use the Burn This Service to a third party without the express written consent of Burn This;
- Use the Burn This Service in an illegal way or to commit an illegal act; and
- Use the Burn This Service if access to it from your jurisdiction is illegal, unauthorized, or penalized.
B. Prohibition of Certain User Provided Information
You are solely responsible for Your User Content on the Burn This Service. Burn This does not endorse any, nor is it responsible for, User Content on the Burn This Service. You understand that Burn This has a zero-tolerance policy on fake ratings, reviews, and comments. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Content Guidelines. The following requirements apply to the content you post using the Burn This Service.
The ratings, reviews, and comments you post must be:
- Accurate, relevant and appropriate. Ratings and reviews must be based on the User’s experience, quality of the classes, instructors, studios, and facilities; and
- Unique and your own and not copied from other sites’ or users’ content.
You may not:
- Post information on behalf of another person;
- Post incomplete, false, or misleading information in a User profile, impersonate another person, or misrepresent your affiliation with a person or entity;
- Harass, incite others to harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material;
- Disclose personal information about another person;
- Post links, advertisements, or other content from competitors’ websites;
- Sell, promote, or advertise products or services;
- Post any franchise, pyramid scheme, or similar information;
- Commit copyright infringement or help others commit copyright infringement by using the Burn This Service; and
- Post to the Burn This Service any material violating anyone’s intellectual property rights.
VII. Your Profile and Log-In Credential Information
To use the Service, you will need to log in with your Burn This or third-party website credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Burn This immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Burn This will not be liable for any loss or damage arising from unauthorized use of your credentials.
VIII. Privacy: Use and Disclosure of Content or Other Provided Information
You have no expectation of privacy for any of the content you post to the public areas of the Burn This Service.
- Comply with legal process, such as a court order or subpoena;
- Enforce these Terms;
- Respond to claims that any content violates the rights of third parties;
- Respond to your requests for customer service;
- Respond to law enforcement;
- Investigate and prevent unauthorized transactions or other illegal activities; or
- Protect the rights, property, or safety of Burn This, its users, and the public.
IX. Consequences of Violating These Terms
Burn This may review and remove any User Content at any time for any reason including without limitation activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Burn This Service. For example, we may remove a review that does not conform with our Content Guidelines.
Burn This reserves the right to suspend or terminate your account and prevent access to the Burn This Service for any reason, at its discretion.
X. Burn This’s Liability
User Content. Burn This does not control User Content and does not have an obligation to monitor it for any purpose. Burn This has no obligation to make User Content available through the Burn This Service. Burn This may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but Burn This assumes no responsibility for doing so. Burn This assumes no responsibility for the conduct of Users or other third parties.
Burn This reserves the right, in its sole discretion, to remove Your User Content, and Burn This does not assume any obligation to remove it. To the extent permitted by law, Burn This disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall Burn This be liable for the deletion, loss, or unauthorized modification of any User Content.
Credit Card Payment. Burn This may process credit card payments or use third-party service providers to facilitate credit card payments for booking classes. Burn This disclaims all liability associated with the security of credit card transactions.
Reservations. Burn This reserves the right in its sole discretion to refuse to book classes and may cancel reservations. Burn This shall not be liable for this refusal or cancellation.
User Disputes. You release Burn This of all claims, demands, and damages in disputes among Users of the Burn This Service. You assume all risk associated with dealing with other Users. Use caution and common sense when using the Burn This Service.
Content Accuracy. Burn This makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Burn This Service, including data from studios and third-party service providers, such as class times, locations, and descriptions. Similarly, Burn This makes no representations as to the quality or nature of third-party products or services, in particular the fitness and wellness classes, services, or studios, obtained through the Burn This Service. Burn This makes no representations and disclaims all liability for how and whether studios, classes, and other services are categorized and displayed on the Burn This Service. Use the Burn This Service at your own risk.
Third-Party Websites. The Burn This Service may include links or interact directly with third-party websites and applications at your direction. You are responsible for evaluating whether you want to access or use them. Burn This is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and Burn This disclaims all liability arising from your use of them.
Injuries and Medical Problems. The Burn This Service does not provide any professional health or medical advice and does not make any determination of whether you have the physical capability to participate in a particular class. The Burn This Service does not endorse and has no responsibility for any ratings or reviews that may indicate that you are physically capable of participating in a particular class. Prior to participating in any fitness and wellness program or activity, you should seek the advice of your physician or other qualified health professional. You agree to participate in a class at your own risk, and Burn This is not liable for any injuries or other health or medical problems that may result from your participation in a class discovered or booked through the Burn This Service.
Burn This makes no promises and disclaims all liability of specific results from the use of the Burn This Service or the fitness and wellness services you obtain through the Burn This Service.
A. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE BURN THIS SERVICE IS AT YOUR SOLE RISK, BURN THIS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BURN THIS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BURN THIS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) BURN THIS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE BURN THIS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BURN THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BURN THIS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE BURN THIS SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BURN THIS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. BURN THIS EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH PUSH NOTIFICATIONS TO MOBILE DEVICES. B. LIMITATION OF LIABILITY AND INDEMNIFICATION YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURN THIS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BURN THIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BURN THIS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE BURN THIS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BURN THIS SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE BURN THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, BURN THIS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BURN THIS SERVICE OR YOUR USE OF BURN THIS’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You further agree and understand that Burn This has no liability for the loss of any information you may choose to store in your Burn This account, your computer, or your mobile device, in the event your computer or mobile device is lost or stolen.
You agree to defend, indemnify, and hold harmless Burn This, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Burn This Service, (ii) your use of any Burn This Content, or (iii) your breach of these Terms. Burn This shall provide notice to you promptly of any such claim, suit, or proceeding.
XI. General Terms
These Terms constitute the entire agreement between you and Burn This concerning your use of the Burn This Service. The failure of Burn This to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
XII. Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and Burn This shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Burn This agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Burn This Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of New York in the state of New York. You covenant not to sue Burn This in any other forum.
You also acknowledge and understand that, with respect to any dispute with Burn This, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Burn This, Inc.
Venice Beach, CA