PAI For Life Challenge: Zombies Edition EULA

Terms of Service and Privacy Policy

By using PAI For Life Challenge: Zombies Edition, a service of Fitness Interactive Experience, Inc., you have understood and accepted the terms and conditions (“Terms of Use”).

Basic Terms

1. The services offered by PAI For Life Challenge: Zombies Edition are available to individuals aged 13 and older. If you are under the age of 13 you may only use Fitness Interactive Experience’s products and services in conjunction with your parents or guardians.
2. You are responsible for any activity that occurs under your user account.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other users.
5. You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the utilifit.com service.
7. You must not copy, create a derivative work of, reverse engineer, or hack nor modify another web site or APP to falsely imply that it is associated with PAI For Life Challenge: Zombies Edition.
8. You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any users.
9. You must not interfere with or disrupt PAI For Life Challenge: Zombies Edition or servers or networks connected to PAI For Life Challenge: Zombies Edition such as the transmission of worms, viruses, or any code of a destructive nature.
10. You must not, in using these services, intentionally or unintentionally violate any applicable local, state, national, or international law.
11. Accepting this agreement, you hereby represent and warrant that you have consulted with your physician and are of sound physical condition to participate in the activities promoted on PAI For Life Challenge: Zombies Edition APPS. Under no circumstances should you attempt an activity that you are not physically capable of doing.

Violation of any of these agreements will result in the termination of your account. While PAI For Life Challenge: Zombies Edition prohibits such conduct and content on its APPS, you understand and agree that Fitness Interactive Experience, Inc. cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the service for any reason, without notice at any time.
2. Fitness Interactive Experience, Inc. reserves the right to change or modify these Terms of User at any time, in its sole discretion, by posting changes at utilifit.com (or such other URL that Fitness Interactive Experience, Inc. may provide from time to time). Your continued use of any part of the service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
5. FIX agrees not to use or disclose to third parties data gathered in the health, fitness, and medical research context—including from the HealthKit API, Motion and Fitness, or health-related human subject research—for advertising or other use-based data mining purposes other than improving health management, or for the purpose of health research, which may include aggregating users’ data in an anonymous fashion and deriving aggregated insights, and then only with permission, which you hereby grant.
6. Fitness Interactive Experience will not store personal health information on its servers.
6.1 Fitness Interactive Experience will store steps, mets, PAI and user tracked nutrition choices on its servers.
7. You agree to indemnify, defend and hold harmless Fitness Interactive Experience, Inc., its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments and fees arising from (i) any content that you or anyone using your account may submit or access in the course of using utilifit.com; (ii) your use of, or inability to use, utilifit.com (iii) your violation of the Terms of Use; and (iv) any violation or failure by you to comply with all laws and regulations in connection with your use of utilifit.com.
8. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

You agree not to use PAI For Life Challenge: Zombies Edition to:

1. Upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
3. Copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner;
4. Upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5. Impersonate any person or entity, including, but not limited to, Fitness Interactive Experience, Inc. officials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of utilifit.com;
7. Disobey any requirements, procedures or policies or regulations connected to utilifit.com;

Copyright

1. We claim no intellectual property rights over the material you provide to the APP. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. Fitness Interactive Experience, Inc. undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Fitness Interactive Experience, Inc. to locate the material such as a web URL;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims of copyright or other intellectual property infringement can be sent to Fitness Interactive Experience, Inc.’s Copyright Agent, at info@fix-fit.com