Terms
Terms and Conditions
The Cardio Legend team (“Cardio Legend,” “we,” “us,” “our”) welcomes you to the Cardio Legend Application (“Cardio Legend App” or “Application”). The Cardio Legend mobile application (the “Services”) is a platform for tracking, sharing and comparing your fitness activities. Please read the following terms (“Terms of Use”) before installing the Cardio Legend App. By installing and using the Cardio Legend App, you agree to be bound by the Terms of Use set forth herein. Please review these Terms of Use carefully before installation or acceptance.
Ability to Contract
You agree that you are in a condition to agree to be legally bound by these Terms of Use. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Services. The Services are not available to individuals who are younger than 13 years of age. Cardio Legend may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. Also, Cardio Legend has the exclusive right to terminate your account for any reason, at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Service or Services in any way.
License to Use the Service
The Services allow for the delivery of graphics, software images, text data and other material (collectively referred to as the "Content"). The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from our Cardio Legend team or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, license, sublicense, assign, transfer, or modify the Content or reproduce, distribute, display, publicly perform, make a derivative version of, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content. The Services include access to links, content and data from, third-party websites ("External Services"). These links, content, and data are not an endorsement by us of the content on such External Services, and are provided solely for the purposes of convenience. The content of the External Services is managed, developed and provided by others. The Services permit access to content displayed, posted and stored at the direction of users of the Services, for which we cannot accept any responsibility or liability. The Services are for personal use only and may not be used in connection with any commercial purposes. The following activities are expressly prohibited:
1. any use of the Services, which in our sole judgment, degrades the operation, speed, or reliability of the Services or any underlying hardware or software thereof,
2. collecting email addresses and/or usernames of other users for the purpose of sending unsolicited email or other communications,
3. use of web scraping, web harvesting, or web data extraction methods from Cardio Legend, even if the Cardio Legend account owner gives permission; and
4. any use of the Services which is unlawful or in violation of these Terms of Use.
User Content
The Services may now or in the future include functionality to allow the submission of Content at the direction of users of the Services ("User Content") and the sharing and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm and/or warrant that:
1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and
2. you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
Code of Conduct
In connection with User Content, you further agree that you will not:
1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could damage us or any third party;
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. post advertisements or solicitations of business; or
5. impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, on this Site infringes you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Intellectual Property Manager with the following information, in writing (see 17 U.S.C. 512(c)(3) for further detail):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed
2. A description of the copyrighted work or other intellectual property that you claim has been infringed
3. A description of the material that you claim is infringing and where it is located on the website
4. Your address, telephone number, and email address
5. A statement by you that you have a good faith belief that the use of the materials on the website of which you are complaining is not authorized by the copyright owner, its agent, or the law and
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
Indemnity
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Warranty and Limitation of Liability
Cardio Legend, its partners, sponsors, representatives, suppliers, employees, affiliates, or agents make now warranties or representations about the content (including the User Content) including but not limited to its accuracy, reliability, completeness, timeliness, or reliability. Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk. We make no warranty that the services will be available error free or that the services or the content are free of computer viruses or similar contamination or destructive features. If your use of the services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. The services and content are provided on an "as is" and "as available" basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties' rights, and fitness for particular purpose. In no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of one hundred dollars, even if a we have been advised of the possibility of such damages. You further acknowledge that financial transactions, bets, and wagering among Cardio Legend users in relation to or connection with use of the services or challenges are strictly prohibited. Cardio Legend does not engage in the business of betting or wagering, nor should its users. A "bet or wager" is defined as the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome. This also includes the purchase of a chance or opportunity to win a lottery or other prize. You further specifically acknowledge that Cardio its partners, sponsors, representatives, and agents in no way accept, record, or facilitate the exchange of any payments, credits, or wagers among users or with third parties and shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the same.
Entire Agreement
This Terms of Use constitutes the entire understanding and agreement between Cardio Legend and you with respect to the transactions contemplated in these Terms of Use and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. These Terms of Use shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. Cardio Legend reserves the right to change these Terms of Use and/or its privacy policy at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use. In the event that any provision of these Terms of Use are found invalid or unenforceable pursuant to applicable law or judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by Cardio Legend to strictly enforce any provision of these Terms of Use will not operate as a waiver of the provision or any subsequent breach of that provision. The disclaimers, limitations of liability and indemnification provisions will survive any termination or expiration of these Terms of Use. It is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages will remain in effect.
