Effective August 25, 2015
Updated December 1, 2015
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.
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.
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.
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.
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, 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
11. APPLICABLE LAW AND CLASS ACTION/JURY TRIAL WAIVER
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
13. How to Contact Us