PLEASE READ THIS LEGAL DOCUMENT CAREFULLY
Prior to using the Sobekick Portal, it is important for you to know and understand that by visiting the Site and/or using the Sobekick Portal, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Sobekick Portal is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Sobekick Portal or Site, or your use thereof.
By using the Sobekick Portal, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Sobekick Portal and terminate your account.
Please contact us with any questions regarding this Agreement.
This Site provides live streaming of fitness classes (and/or recorded videos thereof), text, graphics, images, and other materials (the “Sobekick Content”) for fitness purposes only.
ADD-ON SERVICES; COACHING AND NUTRITION
The Site may also provide a platform for add-on services, such as virtual coaching services and/or nutrition consulting. These add-on services are intended solely as a general informational in nature. In selecting our coaching / nutritional staff, we endeavor to source only those persons who can demonstrate a minimum of two (2) years’ experience in their field, with valid professional experience (and professional licensing as may be required in Florida and/or California) at a reputable fitness institution or gym. SOBEKICK DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY THE SITE CONSTITUTES QUALIFIED EXPERT ADVICE.
Sobekick takes care to instruct its personnel and consultants never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.
If you encounter Sobekick personnel or consultants who are providing expert advice in violation of these principles, please contact us immediately at: [email protected]ickonline.com
You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Sobekick Portal as expert opinions or advice.
AGE RESTRICTION; CHILDREN’S PRIVACY RIGHTS
You must be at least 18 years old to register with and/or use the Sobekick Portal.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Sobekick Portal. If your minor child is using the Sobekick Portal, please contact us immediately so that we can disable his or her access.
PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER
YOUR USE OF THE SOBEKICK PORTAL IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER BELOW BEFORE COMMENCING YOUR USE OF THE SOBEKICK PORTAL.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INHERENT, UNAVOIDABLE RISKS INVOLVED IN PARTICIPATING IN ANY EXERCISE PROGRAM. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SOBEKICK PORTAL IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE SOBEKICK PORTAL OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH THE SOBEKICK PORTAL IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SOBEKICK PORTAL AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SOBEKICK PORTAL. THE USE OF ANY INFORMATION PROVIDED ON THE SOBEKICK PORTAL IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
MEMBER REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant to us that (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; and (B) your physician has specifically approved of your use of the Sobekick Portal and specifically the exercise Content.
If applicable, you further represent, warrant and covenant that (I) you are not pregnant, breast-feeding or lactating, and (II) your physician has specifically approved your use of the Sobekick Portal and specifically the exercise Content.
Sobekick reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
Sobekick provides the Sobekick Portal and Content on an “as is” and “as available” basis. You therefore use and participate in the Sobekick Portal and Content at your own risk.
Sobekick expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Sobekick makes no representations or warranties:
- That the Sobekick Portal, or any particular fitness content thereon, is suitable for you;
- Regarding the adequacy or safety of the Sobekick Portal or Content for any particular user;
- That the Sobekick Portal or Content will meet your personal needs;
- That the Sobekick Portal will be permitted in your jurisdiction;
- That the Sobekick Portal will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That Sobekick will continue to support any particular feature of the Sobekick Portal; or
- Concerning sites and resources outside of the Sobekick Portal, even if linked to from the Sobekick Portal.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Sobekick Portal, and no warranties shall apply after such period.
Sobekick reserves the right to modify the Sobekick Portal, including, but not limited to updating, adding to, supplementing, modifying, removing or altering any content or features of the Sobekick Portal, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Sobekick Portal. Sobekick has no obligation to screen or monitor any content and does not guarantee that any content made available on the Sobekick Portal complies with this Agreement or is suitable for all users. Sobekick shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Sobekick Content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement, including without limitation that the use of the Sobekick Portal, and access to the Sobekick Content, is not transferrable or assignable in any manner.
THE SOBEKICK SITE IS CONTINUALLY UNDER DEVELOPMENT AND SOBEKICK MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF THE SOBEKICK CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
LIMITATION OF LIABILITY
To the fullest extent permitted by law: (A) in no event shall Sobekick, its members, officers, directors, shareholders, affiliates, licensors, suppliers or any third parties mentioned on the Site (collectively, the “Sobekick Parties”), be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, loss of privacy, pain and suffering, emotional distress, loss of profits, loss of future earnings, lost data or business interruption, goodwill, use, and/or any other damages or other intangible losses resulting from the use of or inability to use the Site or the Sobekick Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Sobekick Parties are advised of the possibility of such damages; and (B) the total liability of the Sobekick Parties’ liability to you, if any, shall be limited to the lesser of your actual damages, or the amounts paid by you to Sobekick for access to the Sobekick Portal and Content over the twelve (12) months preceding your claim(s). In no event will the Sobekick Parties be liable for any personal injuries, including death, caused by your use or misuse of the Site, the Content, or the Sobekick Portal. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these TOS are exclusive and are limited to those expressly provided for herein.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SOBEKICK PORTAL OR SITE.
USE OF CONTENT
- LICENSE: Sobekick grants you a limited, non-exclusive license to access and use the Sobekick Portal for your own personal, non-commercial purposes. This includes the right to view content available on the Sobekick Site. This license is personal to you and may not be assigned or sublicensed to anyone else. Sobekick reserves all of its rights at law and in equity in connection with any violation of this Agreement.
- RESTRICTIONS: You are not authorized, under any circumstance, to reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Sobekick Content or Site. You will not interfere with or damage the Sobekick Portal. All rights not expressly granted by Sobekick are reserved.
- SUBSCRIPTION TO THE SOBEKICK PORTAL DOES NOT CONSTITUTE A MEMBERSHIP TO ANY EXISTING OR FUTURE SOBEKICK BRICK AND MORTAR GYM. Membership to our in-studio live classes are subject to then-current fees which are separate and in addition to the membership and subscription fees for Sobekick’s online Content.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
This Agreement, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).
Your use of the Sobekick Portal through any applications or device constitutes your agreement to be bound by this Agreement and the terms set forth herein.
Any Sobekick application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console’s app store, etc.) is licensed, not sold, to you for use only under this Agreement. We, the licensor, Sobekick (the application provider) reserve all rights not expressly granted to you herein.
Accordingly, if you download any Sobekick application, you will be:
- installing a software program on your product in the form of an application;
- entering into this contract with Sobekick, Inc. governing your use of the application.
- What information we may collect about you;
- What we use that information for; and
- When and with whom we share that information.
CONSENT TO EMAIL
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Sobekick Portal, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
REGISTRATION: To fully use the Sobekick Portal, you must register as a member (“Member”) by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Sobekick and notify us if your information changes. You represent and warrant that you are an authorized user of such email address account, and you agree to pay all charges resulting from your Membership at the prices then in effect, including any unauthorized charges incurred prior to your notifying us of such charges. All charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site, the Sobekick Portal and the Content is for personal use only. Members may not use the Sobekick Portal in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Sobekick Portal to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Site, the Sobekick Portal or the Content for any purpose unless expressly authorized by Sobekick in writing. If you wish to inquire about possible commercial use, please contact us. Sobekick may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, the Sobekick Portal, and/or the Content.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Sobekick Portal. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately.
Auto billing; Subscription Fees. The Sobekick Portal provides access to a paid, auto-renewing subscription service for access to online exercise classes, either streaming or on demand (the “Exercise Subscription”). If you purchase an Exercise Subscription, you are agreeing to automatic and recurring monthly billing, and agree to pay the charges made to your account in connection therewith. Your Exercise Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you pursuant to the terms of this Agreement, as modified from time to time. All Sobekick Exercise Subscriptions recur on a monthly basis. Billing occurs at the beginning of the Exercise Subscription cycle, or upon subscription for new Members, and provides unlimited access for one-month thereafter.
You hereby authorize Sobekick to charge your credit card on a monthly basis for the Exercise Subscription you selected, in advance. You hereby authorize Sobekick to charge and/or place a hold on your credit card with respect to any unpaid charges for Exercise Subscriptions. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Sobekick and/or any other company who acts as billing agent for Sobekick, to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Sobekick with updated credit card information upon Sobekick’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Sobekick, nor any Sobekick affiliated company, will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Your Exercise Subscription membership begins when you have completed the sign-up process (i.e., when we collect your personal and payment information). After your initial payment, you will be billed automatically each month thereafter (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits.
These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
If you believe you have been billed in error for the Exercise Subscription, please notify us within 60 days of the billing date by contacting Sobekick Support at [email protected]. Sobekick will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.
The pricing of the access to the Sobekick Portal may vary periodically. We cannot guarantee that the price of your Exercise Subscription is the lowest available, or historically lowest or best price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers (“Special Offers“) to new members. If you are already a member, you acknowledge and understand that you will not be eligible for any Special Offers.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Sobekick and its suppliers. Accordingly, Sobekick assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sobekick Site.
EVEN IF YOU DO NOT USE THE EXERCISE SUBSCRIPTION OR ACCESS THE SOBEKICK PORTAL, YOU WILL BE RESPONSIBLE FOR ANY EXERCISE SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR EXERCISE SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions below (“How to Cancel“).
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your SobeKick Portal subscription, first log into your account, and then click the “Customers” tab on the left-hand side of your dashboard, under the support section. While there, you will see subscription details and purchase history. Within the subscription details section, you will see the next scheduled payment as well as a stop sign at the end of the next payment detail. If you click the stop sign, a message will appear asking to confirm the cancellation. If you wish to cancel the subscription please select, “confirm.” Your cancellation will take effect starting at the end of your current billing period.
Your Exercise Subscription status will state that your account is “Pending Cancellation.” This is because your cancellation takes effect at the start of the next billing cycle (Don’t worry – your cancellation effective date will be listed and you will continue to have access to your account through the account expiration date). So, for example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will take effect as of the beginning of the following month. Sorry– there are no refunds on Sobekick Exercise Subscriptions of any kind, including annual subscriptions.
Service Add-Ons– Auto Billing; Coaching; Subscription Fees; and Cancellation
We refer to any additional, paid subscription service we offer beyond a standard Exercise Subscriptions as an “Add-On Service.” For example, our personalized Coaching service, or any other service we may offer to you which provides access to special or additional content beyond your standard Exercise Subscription, is an Add-On Service.
Each Add-On Service is a separate subscription service and is subject to an additional monthly fee that automatically renews just like your regular Exercise Subscription, and is subject to the same terms set out above. Before agreeing to an Add-On Service, you will be prompted with (i) the type of Add-On Service being offered (e.g. Coaching); and (ii) the monthly, recurring cost for such Add-On Service. Note: if You purchase an Add-On Service, You are agreeing to an additional monthly automatic (recurring) billing subscription, and agree to pay the charges made to your account in connection therewith, as disclosed at the time you accept the Add-On Service. Your Add-On Service subscription, just like your standard Exercise Subscription, will continue indefinitely until cancelled by you.
Add-On Services are billed on the same day as your Exercise Subscription, in one combined payment. You can cancel at any time by following the instructions above (“How to Cancel“). Note that Your Add-On Service subscription is separate from your Exercise Subscription, although we will combine the charges each month when we bill you. You can cancel one or both at any time, but canceling your Exercise Subscription will automatically cancel your Add-On Service.
Quarterly and Annual Subscriptions.
In certain circumstances, we may, but are under no obligation to, offer subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial subscription term you selected (for example, if you initially purchased a 3 month Exercise Subscription, your subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions above (“How to Cancel“).
Paused Subscriptions. Given the portable medium of the Sobekick Portal, there are no events that will support the pausing or freezing of subscriptions. If you are no longer able to utilize the Sobekick Portal, you should cancel your subscription.
Authorization. When you sign up for a subscription and provide a payment method to Sobekick, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for access to the Sobekick Portal.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
Changes. Sobekick may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Sobekick’s sole discretion.
Sobekick may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
TERM AND TERMINATION ; ACCOUNT DELETION
TERM: This Agreement begins on the date you first access and /or use the Sobekick Portal and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Sobekick Portal that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Notwithstanding the term remaining on any subscription, Sobekick may suspend, disable, or delete your access to the Sobekick Portal and its Content (or any part thereof) or block or remove any content you submitted if (A) Sobekick determines that you have violated any provision of this Agreement; (B) any subscription payment is more than 15 days overdue; (C) you violate this Agreement, or any other Sobekick rules, regulations or agreements then in effect; (D) you engage in conduct or post content that would tend to damage Sobekick’s reputation or goodwill; (E) you engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); or (F) if you engage in conduct that is threatening, abusive or harassing to Sobekick employees, including, for example, making threats to physically harm or damage employee or company property. If Sobekick deletes your access to the Sobekick Portal for the foregoing reasons, you may not re-register for the Sobekick Portal. Sobekick may block your email address and Internet protocol address to prevent further subscriptions. Sobekick is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your access to the Sobekick Portal.
If we terminate or suspend your subscription(s) and/or your access to the Sobekick Portal, your license to use any software provided in connection with your subscription(s) is also terminated or suspended (as applicable). If your subscription(s) are terminated, Sobekick has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the subscription(s) through the date of termination. Should you wish to resume your subscription(s) after any suspension, if permitted, a restoral of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
EFFECT OF TERMINATION/ACCOUNT DELETION: Immediately upon termination, for any reason, all licenses granted by Sobekick will terminate and you will lose access to all live and on-demand classes and any other content provided by the Sobekick Portal. Notwithstanding any termination of this Agreement, the terms of this Agreement will survive except for any terms that by their nature expire or are fully satisfied. Specifically, the following sections, without limitation, will survive: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. In the event of subscription deletion for any reason, content that you submitted may no longer be available to you or to third parties. Sobekick shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, “submit“) any video, image, text, audio recording, or other work (collectively, “content“) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Advocates harassment or intimidation of another person;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Depicts animal cruelty or extreme violence towards animals; or
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
CODE OF CONDUCT AND PROHIBITED ACTIVITIES
In using the Sobekick Portal, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- “frame” or “mirror” any part of the Sobekick Portal or the Site;
- use meta tags or code or other devices containing any reference to Sobekick, the Site or the Sobekick Portal (or any trademark, trade name, service mark, logo or slogan of Sobekick) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Sobekick Portal or the Site or any software used on or for the Sobekick Portal or the Site, or cause others to do so;
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Sobekick Portal other than solely in connection with your use of the Sobekick Portal in accordance with this Agreement.
- Collect information about others;
- Advertise or solicit others to purchase any product or service within the Sobekick Site;
- Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
- Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- Participate in any activity that in any way violates any law.
Sobekick has the right, but not the obligation, to monitor all conduct on and content submitted to or on the Sobekick Portal. Sobekick reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes. The amount of storage space on the Sobekick Site may be limited and some postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of postings or any failure to store, receive or deliver postings in a timely manner or at all or as to any other matter relating to postings.
You are solely responsible for your interactions with other Sobekick members and subscription holders. Sobekick reserves the right, but has no obligation, to monitor disputes between you and other m and subscription holders.
Sobekick reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or the Sobekick Portal, and terminating or suspending the membership of such violators.
Your use of the Site and the Sobekick Portal, including all content you post on the Site, must comply with all applicable laws and regulations. You agree that Sobekick may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of Sobekick or any other person or entity
As between you and Sobekick, you own all content that you submit to the Sobekick Portal, whether directly via the Sobekick Portal or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to the Sobekick Portal, you are granting Sobekick and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Sobekick Portal permission to view your content for their personal, non-commercial purposes. If you make suggestions to Sobekick on improving or adding new features to the Sobekick Portal, Content, or Site, Sobekick shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Sobekick and grant the licenses set forth above; (ii) Sobekick will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Sobekick and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities related to the Sobekick Portal, its Content, and/or on the Sobekick Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Sobekick Portal or Site violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Sobekick reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sobekick in connection therewith.
THIRD PARTY LINKS AND CONTENT
Certain links on the Sobekick Site and/or the Sobekick Portal may let you leave the particular Sobekick Site or Sobekick Portal you are accessing in order to access a linked site (the “Linked Sites“). When you are linking to a third party site, it is important to know that Sobekick does not control these sites, nor has Sobekick reviewed or approved the content which appears on the linked sites. Sobekick is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Sobekick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Sobekick Sites and Sobekick Portal (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sobekick shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Sobekick Site, Content and Sobekick Portal contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content“) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Sobekick-generated Content and Content developed for Sobekick by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Sobekick owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Sobekick Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Sobekick Portal, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited. You acknowledge and agree that Sobekick’s copyrights in and to the Content and/or the Site will not be subject to the Fair Use exception.
The Sobekick name, logos and affiliated applications and technologies are the exclusive property of Sobekick, and/or its parent, subsidiary or affiliated entities. All other trademarks appearing on the Sobekick Site and/ Sobekick Portal are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Sobekick Portal. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sobekick Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Sobekick owns and retains all proprietary rights in the Site and the Sobekick Portal, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Sobekick Portal, without first obtaining the prior written consent of Sobekick or, if such property is not owned by Sobekick, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
DMCA POLICY re COPYRIGHT
Sobekick respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Sobekick Site do not infringe any third party copyright.
Sobekick will promptly remove materials from the Sobekick Site in accordance with the Digital Millennium Copyright Act (“DMCA“) if properly notified that the materials infringe a third party’s copyright. In addition, Sobekick may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Sobekick Site the material that you claim is infringing may be found, sufficient for Sobekick to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit this information via:
- Email: [email protected]
- Offline: Sobekick’s Copyright Agent (see contact information below)
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Sobekick may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Sobekick’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Sobekick’s Copyright Agent:
1860 West Avenue, 2nd Floor
Miami Beach, Florida 33139
Attn: Mark Baratto – Copyright Agent
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Sobekick Portal, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Sobekick in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Sobekick or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Sobekick Portal in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Sobekick or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Sobekick (except for small-claims court actions) may be commenced only in the federal or state courts located in either Miami-Dade county, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Sobekick, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Sobekick is based in the United States of America. Sobekick makes no claims that the Site and/or the Content are appropriate or may be accessed outside of the United States. Access to the Site, Sobekick Portal, and their Content may not be legal for certain persons or in certain countries. If you access the Site and/or the Sobekick Portal from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Sobekick in exercising any right hereunder will waive any further exercise of that right. Sobekick’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns; provided however, you may not assign this Agreement without Sobekick’s prior written consent. Sobekick may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Sobekick electronically. Sobekick may provide all such communications by email or by posting them on the Sobekick Portal. For support-related inquiries, you may send an email to [email protected], or the following address:
1860 West Avenue, 2nd Floor
Miami Beach, Florida 33139
Attention: Legal Department
Nothing herein shall limit Sobekick’s right to object to subpoenas, claims, or other demands.
STATUTE OF LIMITATIONS: You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Sobekick Portal, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ADVICE OF COUNSEL: You represent and warrant that you understand the terms of this Agreement, and that you have had the opportunity to consult with an attorney regarding the terms of this Agreement.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Sobekick on the Sobekick Site, or Portal, or communicated to you in some other manner. A revised Terms of Service will be effective as of the date it is posted on the Sobekick Site.
END OF DOCUMENT.
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