RATE YOUR BURN
Effective Date: March 1, 2013.
RYB is a platform for connecting communities interested in physical fitness and brings together gyms, trainers, instructors and clients. RYB empowers users to review their fitness experiences, creating a platform to cull both positive feedback and constructive criticism. The average class rating is rolled up under each gym/studio to an average instruction score, rewarding gyms who foster quality teaching.
RYB is Only a Platform
The Services include a platform to foster a community of individuals interested in fitness and to share information by providing reviews and information about classes, instructors, services and/or facilities that may be useful in assisting other users with choosing a class, instructor, service, or facility. RYB does not take part in the interaction between users, and does not monitor or have control over transactions between users. RYB does not monitor or control postings, reviews or ratings (collectively “Reviews”) provided by users on the Website, nor of the actions or omissions whatsoever of any user. RYB cannot confirm that each user is who they claim to be. RYB cannot guarantee that the exercise classes or regimes discussed on our Services are safe for every individual. You are solely responsible for deciding whether it is safe for you to exercise; RYB is not responsible for any injuries you sustain in the course of your exercise regime, regardless of whether you exercise more in order to achieve goals or promotions included on the Website.
WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH USER, INSTRUCTOR AND FITNESS CENTER ON OUR WEBSITE IS A LEGITIMATE USER, INSTRUCTOR OR FACILITY, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF USERS, INSTRUCTORS, OR FACILITIES AND THE INFORMATION THEY PROVIDE VIA OUR WEBSITE. WHEN INTERACTING WITH OTHER USERS, INSTRUCTORS, OR FITNESS CENTERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW. NEITHER RYB NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. RYB AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THIRD PARTY PRODUCT OR SERVICE OFFERINGS.
Access; Registered Users
- Registered Users. Certain of our Services are reserved for registered users on our Website. To register, RYB may require you to submit your Facebook account login credentials, or other third-party social network service provider account information (“Third Party Social Networking Account”) as indicated on the Website from time to time. The Third Party Social Networking Account information that you provide to login will be your “Login Credentials”. You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. you agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Website, (ii) share your Login Credentials with any third party nor (iii) transfer your account to any third party. RYB is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or to remarket the Website or to provide access to the Services to any third party. You will not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by RYB.
- Profiles. Upon registering for our Services, a user profile may automatically be created for you. In such case, you may select a username to display with your profile information. RYB is not responsible for any personal information you choose to share with other users, and we encourage all users not to share personal information.
- Acknowledgement to Receive Email. As a registered user of RYB, you agree to receive emails promoting any special offer(s). We may from time to time send you our newsletter with information about upcoming events, special promotions, and product and service offerings from us and our partners. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Website Content and Contributions
The Website contains both Content proprietary to RYB as well as user-contributed Content (“Contributions”). Contributions, include, but are not limited to, your Reviews, postings, messages, commentary, text, images, photographs, videos, audio files, or other materials. The Content and Contributions may contain typographical errors, other inadvertent errors or inaccuracies. RYB does not warrant that any Content is accurate, complete, or current. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Use of Contributions
- Responsibility for Your Contributions The Website and the Services contain the capability for users to post, publish or otherwise make available Contributions through the Services. You understand that all Contributions are the sole responsibility of the individual who provided the Contribution. You are solely responsible for any and all Contributions you make available on the Services. You assume all risks associated with your Contributions, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Contributions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Contributions as described herein. You may not suggest that your Contributions are in any way sponsored or endorsed by RYB. You may be subject to liability, if your Contributions (including Reviews) contains information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or contains material that is unlawful.
Suggestions and Improvements
By posting Contributions or sending us any ideas, suggestions, documents or proposals ("Feedback"), you represent and warrant and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against RYB and its users any claims and assertions of any moral rights contained in such Feedback. Furthermore, by posting Contributions to any public area of the Website and/or the Services, you automatically grant RYB all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Contribution on the Website and/or Services by any party for any purpose.
Intellectual Property Rights.
Unless otherwise noted, all Content contained on this Website is the property of RYB and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Any reproduction, modification, creation of derivative works from or redistribution of Content, and/or copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of RYB. You further agree not to reproduce, duplicate or copy Content available on the Website and/or through the Service without the express written consent of RYB, and agree to abide by any and all copyright notices displayed on our Website and/or through the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. The service marks and trademarks of RYB, including without limitation RYB, Rate Your Burn, and the RYB logos are service marks owned by RYB. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Claims of Infringement
If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," You declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: email@example.com, or send to RateYourBurn (attn: Gillian Casten), 71 Fulkerson St. #108, Cambridge, MA 02141.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
This Website and any and all information and/or materials provided through the Services are provided solely for informational purposes. If you choose to contribute Contributions (including any Reviews) or provide information and/or materials to RYB for any purpose whatsoever, you agree that any and all information provided to RYB and/or contributed through the Services is true and accurate. If any Contribution, information and/or other material submitted by you to RYB is found to be untrue, inaccurate, not current or incomplete, RYB reserves the right, but is not obligated to, suspend or terminate your use and/or access to the Website and/or the Services and to refuse any and all current or future use of the Website and/or the Services in its sole discretion.
It is RYB’s goal to foster a community of objective and factual forum for reviews and information which will aid users in making informed decisions regarding which fitness instructors, services and/or facilities to choose. In the spirit of honesty and objectivity, it is strictly forbidden to solicit, purchase, coerce or fabricate a review (“Solicited Contribution(s)”) on or through the Website, and RYB reserves the right to take any and all action it deems necessary to remove such Solicited Contribution(s) and to ensure that conduct of this type does not continue including, but not limited to, removing or editing Solicited Contribution(s) and preventing any and all parties associated with such Solicited Contribution(s) from using and/or accessing the Website by suspending or removing their associated accounts.
Without limitation of the foregoing, you agree to not use the Website or Services to:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, Contributions that are unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- Write a fake or defamatory review, or post false information about another user, instructor, or fitness center;
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by RYB;
- Trade reviews with other businesses, or compensate someone or being compensated to write or remove a review;
- Threaten, stalk, or otherwise harass any individual;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contributions that victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a representative of RYB, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contributions transmitted to or through the Website and/or the Services;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contribution that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contribution that infringes any proprietary rights of any third party including, but not limited to, patent, trademark, trade secret, and/or copyright rights throughout the world
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation on the Website and/or through the Services;
- Collect personal data about other users for any purpose, including, but not limited to commercial or unlawful purposes;
- Use any unauthorized automatic means, including, but not limited to, automated robots, spiders, and/or data mining tools to download and/or extract data from the Website;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to access the Website and/or participate in the Services;
- Engage in any activity that is contrary to or that would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Website or the Contributions or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
RYB services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form users for employment, contracting, or any other purpose not related to the Service facilitated through RYB without express written permission from RYB.
You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of RYB.
By using the Services, you agree to indemnify, hold harmless and defend RYB from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
Use and Access to the Website and/or Services
Use of the Services or Content beyond the scope of authorized access granted to you by RYB constitutes a breach of this TOU, and RYB reserves the right to pursue any and all available remedies in law and/or equity at the sole discretion of RYB resulting from such breach including, but not limited to, freezing or removing the user’s account, removing or modifying Contribution(s) posted by the user, and/or preventing the user from accessing and/or posting Contribution(s) to the Website in the future.
RYB expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other users and any disputes that arise from those interactions with other Users. RYB may monitor disputes between Users, but is not obligated to monitor such disputes.
Because RYB is not responsible for or involved in any contact between users or in the assessment or provision of Reviews, in the event that you have a dispute with one or more Users, you hereby release RYB (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor, and any other similar laws which may apply in the jurisdiction in which you reside.
YOU AGREE THAT USE OF THE WEBSITE, THE CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
RYB DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION INSTRUCTORS, SERVICES, FITNESS CENTERS, OR OTHER USERS ON OR THROUGH THE WEBSITE (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE. RYB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NEITHER RYB NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. RYB AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
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 MAY NOT APPLY TO YOU.
Limitations on Liability
UNDER NO CIRCUMSTANCES SHALL RYB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RYB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY CLAIMS BROUGHT BY YOU OR RYB MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by RYB of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. RYB does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.