Movement Snack Terms of Service
Last Updated 20 April 2020
Movement Snack LLC ("Movement Snack", "we", "us") provides an online healthy movement service. By using this service, you accept and agree to be bound by these Terms of Service ("Terms") which form a binding agreement between you and Movement Snack.
- License to use Movement Snack
When you use Movement Snack, we grant you a limited license to use Movement Snack for your own personal, non-commercial purposes.
We may disable or delete your account for any lawful reason, including if Movement Snack determines you have violated these Terms.
- User Content
"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Movement Snack Service; and "User Content" means any content that users (including you) provide to be made available through the Movement Snack Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Movement Snack Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Movement Snack Service.
As between you and Movement Snack, you represent that you own (or have all rights necessary to grant Movement Snack the rights below to) all User Content that you submit to the Movement Snack Service, and that Movement Snack will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Movement Snack a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. You further grant all users of the Movement Snack Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Movement Snack or through the Movement Snack Service about improving or adding new features or products to the Movement Snack Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Movement Snack a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by asking us to remove it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Movement Snack Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
- General Prohibitions
You agree to not do any of the following bad things:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent; (iv) is defamatory, obscene, pornographic; (v) promotes bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person; (vii) exploits minors; (viii) exploits elders; or (ix) promotes illegal or harmful activities;
- Access, tamper with, or use non-public areas of the Movement Snack Service, our computer systems;
- Attempt to access, scrape or search the Movement Snack Service or Content or download Content from the Movement Snack Service.
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Movement Snack trademark, logo URL or product name without Movement Snack's express written consent;
- Collect or store any personally identifiable information from the Movement Snack Service from other users of the Movement Snack Service without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from the Movement Snack Service, whether directly or through third parties (such as search engines), without Movement Snack's express written consent;
- Alter, replicate, store, distribute or create derivatives from the Content available via the Movement Snack Service except as expressly permitted in writing by Movement Snack;
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use or exploit the Movement Snack Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Movement Snack or the Movement Snack Service;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Movement Snack Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Movement Snack Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of Movement Snack. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Movement Snack Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
5. Interacting with others on Movement Snack
When interacting with other people on Movement Snack, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found through Movement Snack Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Movement Snack is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless Movement Snack and its members, employees and snack-makers from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Movement Snack Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.
7. No warranties
Movement Snack reserves the right to modify the Movement Snack Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Movement Snack Service, at any time, in its sole discretion.
Movement Snack has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Movement Snack Service is suitable for all users or that it will continue to be available for any length of time.
Movement Snack provides the Movement Snack Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the Movement Snack Service at your own risk. Other than as expressly prohibited by law, Movement Snack expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Movement Snack makes no representations or warranties:
- That the Movement Snack Service is or will be permitted in your jurisdiction;
- That the Movement Snack Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party's use of User Content that you submit;
- That the Movement Snack Service will meet your personal or professional needs;
- That Movement Snack will continue to support any particular feature of the Movement Snack Service;
- Concerning sites and resources outside of the Movement Snack Service.
8. Limitations of Liability
To the fullest extent permitted by law: (i) Movement Snack shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Movement Snack Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) Movement Snack's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Movement Snack over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Movement Snack's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Movement Snack and you.
9. Safety Warnings
The Movement Snack Service offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your doctor before beginning a new fitness program. You should not rely on this information as a substitute for professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should consult a doctor. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read or heard on the Movement Snack Service. The use of the information provided through the Movement Snack Service is at your own risk and is not medical or healthcare advice.
Nothing stated or posted on the Movement Snack Service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. The Movement Snack service is continually under development and, to the extent permitted by law, Movement Snack makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in the Movement Snack Service will always include the most recent findings or developments with respect to the particular material.
10. Intellectual Property Acknowledgement
You acknowledge and agree that your use of the Movement Snack Services and any Content contained therein is dependent upon you agreeing to and abiding by the Movement Snack Intellectual Property and DMCA Policy
at all times. You further acknowledge that the Movement Snack Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Movement Snack-generated content, and content provided to Movement Snack by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Movement Snack, Movement Snack own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Movement Snack Service.
11. Intellectual Property Usage and Reporting Infringement
Movement Snack respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party's right or other intellectual property rights. If you believe that the Movement Snack Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to Movement Snack Intellectual Property and DMCA Policy
for directions on how to report it to us.
12. Governing Law
You are contracting with Movement Snack LLC for the Movement Snack Service. These Terms shall be governed by the laws of the State of Oregon, USA.
If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Movement Snack in exercising any right hereunder will waive any further exercise of that right. Movement Snack's rights and remedies hereunder are cumulative and not exclusive.
Movement Snack may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications from Movement Snack electronically. Movement snack may communicate by email or by posting to the Movement Snack Service. For support-related inquiries, you may email email@example.com For all other notices to Movement Snack, write to the following address:
Movement Snack LLC
9245 SE Market St.
Portland, OR 97216
We may update these Terms at any time, in our sole discretion. If we do so, we'll let you know by posting the updated Terms (as indicated by a revised "Last Updated" date at the top of this page) on the Movement Snack Site. Modifications will be effective on the date that they are posted to the Movement Snack Site. It's important that you review the Terms whenever we update them before you use the Movement Snack Service.
If you continue to use the Movement Snack Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Movement Snack Service anymore.
17 Entire Agreement
These Terms represent the entire understanding between Movement Snack and you regarding the Movement Snack Service or Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
18 Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, spontaneous erruptions of global movement snack hysteria, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.