Chin Up! Terms of Use

Effective August 25, 2015

Updated December 1, 2015

These Terms of Use ("Terms of Use") constitute a legal agreement between you and Chin Up Technologies, LLC ("Chin Up LLC") governing your access to and use of the Chin Up! mobile application ("Chin Up!") and the Chin Up! website http://www.chinup.co ("Site") (collectively, "Services"). Chin Up LLC agrees to provide the Services conditioned upon your agreement to and acceptance of these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE CHIN UP! MOBILE APPLICATION OR THIS SITE. 

Chin Up LLC reserves the right to update or amend these Terms of Use, and any updated version will be effective immediately upon posting. We will notify you of any changes by indicating the date of revision on the top of this page. We may also notify users of the Services of any changes by e-mail, although we are not obligated to do so and your receipt of an e-mail is not necessary to make any changes effective. 

1. Services

You must be at least 17 years of age to use the Services. By downloading Chin Up!, signing up, and using the Services you represent that you are 17 years of age or older. If you are not 17 years of age or older please do not sign up for or use the Services, or submit any information to the Chin Up! mobile application or the Site.

The Services may not be available in every location or at your college or school.  We may, in our sole and absolute discretion, refuse to offer the Services to anyone and may, in our sole and absolute discretion and without notice to you, terminate your right to use and use of the Services, and take such steps as are necessary to block your access to and use of the Services, in whole or in part.

2. Content

The Chin Up! mobile application and the Site may contain content that is copyrighted and/or trademarked property of Chin Up LLC, including but not limited to text, design, graphics, logos, icons, trade names, trade dress, images, photography, video, audio, downloads, interfaces, code, software, products, features and tools, and the selection, design, and arrangement thereof, all of which is the property of Chin Up LLC or its licensors (collectively, "Content"). Upon your acceptance of and subject to these Terms of Use, Chin Up LLC grants you a limited, non-transferrable, non-sublicensable, non-exclusive and revocable license to access, use, display, download and print Content for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. Any other use of Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, reverse engineering or resale of, copying for other than personal and non-commercial use, or the creation of any derivative works from the Chin Up! mobile application, the Site, or the Content is strictly prohibited without the express written permission of Chin Up LLC. Chin Up LLC may revoke this limited license at any time, without notice and for any or no reason. All rights not expressly granted herein are reserved by Chin Up LLC and its licensors. You agree to not (i) use any hardware or software intended to interfere with or damage the proper functions or operation of the Chin Up! mobile application or the Site, or (ii) attempt to intercept any system or personal information or data belonging to Chin Up LLC or any other user of the Services. Chin Up LLC reserves the right to terminate your right to access the Chin Up! mobile application or the Site, or use the Services, without notice and for any or no reason.

3. Submission of Material

You acknowledge and agree that you are solely responsible for any information, opinions, posts, messages, comments, photographs, videos, graphic material, sound recordings, or any other content or material you submit, post or make available through your use of the Services (collectively, "Material"), including the legality, accuracy, reliability, copyright and/or trademark of any such Material. It is your sole responsibility to ensure that any submission of Material does not infringe the intellectual or other rights of any other party, and you agree to pay all royalties, fees or damages owing to any party by reason of any Material submitted by you in connection with the Services. You acknowledge and agree that under no circumstances will Chin Up LLC be responsible in any way for, or have any liability to you, other users of the Services or any third party in connection with Material you submit.

You acknowledge and agree that by making any submission of Material you are granting Chin Up LLC an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully paid-up and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the Material in any media throughout the world. You further agree that the foregoing sublicense allows Chin Up LLC to, and Chin Up LLC may, sublicense any Material submitted by you to third parties for any purpose not prohibited by law or these Terms of Use. You acknowledge and agree that no such use of submitted Material will entitle you to any compensation whatsoever from Chin Up LLC or any third party. 

4. Prohibited Material

You acknowledge and agree that, when using the Chin Up! mobile application, accessing the Site, or otherwise using the Services, you will not post, upload, download or otherwise submit Material that:

• violates or infringes upon the copyright or trademark of any person or entity or uses such copyright or trademark without the express written permission of that party;

• proposes any illegal activity;

• threatens to, does, or may be deemed to defame, abuse, disparage, demean, stalk, harass, or violate the rights of any user of the Services or other person or group (including but not limited the rights of privacy and publicity);

• threatens to, does, or may be deemed to exploit any minor (including but not limited to submitting Material that contains, depicts, describes or displays nudity or sexually explicit material, content or commentary regarding any minor);

• contains, depicts, describes or displays nudity or sexually explicit material, content or commentary;

• is false or fraudulent;

• is generally negative in nature;

• reveals the confidential, commercially sensitive or proprietary information of another person;

• may be offensive to racial, ethnic or religious sensibilities, or may offend any person based on his or her gender, transgender status, or sexual orientation;

• employs any "deep link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or similar automated or manual process, to access, acquire, copy or monitor any aspect of the Chin Up! mobile application, the Site, the Services, or any Content or Material, or to acquire any information you are not expressly authorized to acquire, copy or use; 

• contains any form of software virus, bug, political campaigning, chain letters, mass mailings, pyramid schemes or other form of "junk mail" or "spam";

• alters any Material submitted by other users of the Services; or

• violates or is otherwise contrary or detrimental to the stated purpose, reputation, goodwill, or any posted policies or operating rules of the Chin Up! mobile application, the Site, or Chin Up LLC, as determined by Chin Up LLC in its sole and absolute discretion.

5. Privacy

Please review our Privacy Policy, available at http://www.chinup.co/privacy, which explains how we may use and disclose information that we collect from and about you. By using the Services, you acknowledge and agree that we may use and disclose the information we collect from and about you as provided in the Privacy Policy, the terms of which are incorporated in and made a part of these Terms of Use.

6. Monitoring of Material and Cooperation with Law Enforcement

Chin Up LLC is under no obligation but reserves the right to monitor, review, edit or remove any Material you submit for any reason, including but not limited to violation of any one or more of the prohibited activities listed above, as determined by Chin Up LLC in its sole and absolute discretion. Chin Up LLC will cooperate with law enforcement authorities regarding any alleged illegal activity by a user of the Services and reserves the right to contact and cooperate with such authorities whenever illegal activity is suspected. 

7. Indemnification

In the event your submission of any Material violates these Terms of Use, any law, or the rights of any third party, you agree to fully indemnify and hold Chin Up LLC, including its members, managers, officers, employees, agents, affiliates and business partners (collectively, the "Indemnified Parties") harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys' fees and court costs) that the Indemnified Parties may incur arising out of, related to, or connected in any way to your use of the Services in such manner, including but not limited to claims and demands made by third parties.

8. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CHIN UP! MOBILE APPLICATION, THE SITE, AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND ACCESS IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHIN UP LLC DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF ANY CONTENT OR ANY MATERIAL SUBMITTED BY USERS OF THE SERVICES, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES IN ANY CONTENT OR MATERIAL, WHETHER SUPPLIED BY USERS OF THE SERVICES OR CHIN UP LLC OR ITS LICENSORS. 

TO THE FULLEST EXTENT PERMITTED BY LAW, CHIN UP LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING: (1) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (2) RESULTS TO BE DERIVED FROM USE OF THE SERVICES OR ACCESS TO MATERIALS OR CONTENT; (3) THE TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETE NATURE OF ANY MATERIAL OR CONTENT; OR (4) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE CHIN UP! MOBILE APPLICATION, THE SITE, OR THROUGH ACCESS TO OR USE OF THE SERVICES, MATERIAL OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU USE THE SERVICES, OR DOWNLOAD CONTENT OR MATERIAL FROM THE CHIN UP! MOBILE APPLICATION OR THE SITE YOU DO SO AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR NETWORK, OR ANY LOSS OF USE OR DATA THAT MAY RESULT FROM SUCH USE OR DOWNLOAD.

9. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CHIN UP LLC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, EXPECTATION, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, DAMAGE TO MOBILE DEVICE OR COMPUTER, LOSS OF DATA OR LOSS OF USE), SPECIAL, PUNITIVE, OR EXEMPLARY, AND WHETHER SOUNDING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, EQUITY OR OTHERWISE, ARISING OUT OF, RELATED TO, OR CONNECTED IN ANY WAY TO YOUR USE OF THE CHIN UP! MOBILE APPLICATION, THE SITE, THE SERVICES, ANY MATERIAL OR CONTENT, OR THESE TERMS OF USE, EVEN IF THEY OR ANY ONE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CHIN UP LLC OR ITS MEMBERS, MANAGES, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS OR LICENSORS BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE CHIN UP! MOBILE APPLICATION, THE SITE, OR THE SERVICES, OR ANY MATERIAL OR CONTENT SUBMITTED BY THEM.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CHIN UP LLC IS TO DISCONTINUE YOUR USE OF THE CHIN UP! MOBILE APPLICATION, THE SITE, AND THE SERVICES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SO THE FOREGOING LIMITATION OF LIABILITY MAY NOT BE APPLICABLE. IN NO EVENT, HOWEVER, SHALL CHIN UP LLC'S LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT, IF ANY, RECEIVED BY CHIN UP LLC AS A DIRECT RESULT OF YOUR USE OF THE SERVICES.

10. LIMITATION ON TIME TO FILE CLAIMS

YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF, RELATED TO, OR CONNECTED IN ANY WAY TO THESE TERMS OF USE, CHIN UP!, THE SITE, THE SERVICES, CONTENT, OR MATERIAL MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE SUCH CLAIM ACCRUES OR THE CLAIM WILL BE BARRED.

11. APPLICABLE LAW AND CLASS ACTION/JURY TRIAL WAIVER

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Connecticut applicable to contracts made and to be performed within the state, without regard to any conflict of laws principles that would result in the application of the laws of any other state. For the purpose of any claim, action or proceeding arising out of, related to, or connected in any way to these Terms of Use or the Services you irrevocably consent to the personal jurisdiction of the state and federal courts located in the State of Connecticut, and agree that such courts shall be the sole and exclusive forum for the adjudication of any such claim, action or proceeding. YOU AND CHIN UP LLC EACH IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.

WITH RESPECT TO ANY PERSON OR ENTITY USING THE SERVICES, ALL CLAIMS MUST BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND YOU IRREVOCABLY WAIVE ANY RIGHT TO, AND AGREE TO NOT BRING SUCH CLAIMS AS A PLAINTIFF OR CLASS MEMBER, OR OTHERWISE PARTICIPATE AS A CLASS MEMBER, IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING. 

12. Entire Agreement, Waiver, and Severability

These Terms of Use, and any policies or operating rules applicable to use of the Services, which may be posted from time to time on the Site and are subject to change at any time in Chin Up LLC's sole and absolute discretion, constitute the entire agreement and understanding between you and Chin Up LLC with respect to the Services and the subject matter hereof. Any waiver or failure by Chin Up LLC to enforce any provision of these Terms of Use shall not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms of Use is held unenforceable by a court, no other provision shall be deemed affected thereby and the affected provision shall be deemed modified so as to be enforceable to the fullest extent permitted by law.

13. How to Contact Us

If you have any questions about these Terms of Use, please e-mail us at team@chinupapp.org