Thanks for choosing Be-Fit Live ("Be-Fit Live", "we", "us", "our"). By signing up or otherwise using the Be-Fit Live service, websites, and software applications (together, the " Be-Fit Live Service" or "Service"), or accessing any content or material that is made available by Be-Fit Live through the Service (the "Content") you are entering into a binding contract with the Be-Fit Live entity indicated at the bottom of this document.
Your agreement with us includes these Terms and Conditions of Use ("Terms") and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the "Agreements".) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Be-Fit Live's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Be-Fit Live Service or consume any Content.
Please read the Agreements carefully. They cover important information about Be-Fit Live Services provided to you and any charges, taxes, and fees we bill you.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information. Changes to the Agreements Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes.
Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
Rights we grant you Be-Fit Live Service and the Content are the property of Be-Fit Live. We grant you a limited, non-exclusive, revocable licence to make use of the Be-Fit Live Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the "Licence"). This Licence shall remain in effect until and unless terminated by you or Be-Fit Live. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Be-Fit Live Service or the Content.
The Be-Fit Live software applications and the Content are licensed, not sold, to you, and Be-Fit Live and its licensors retain ownership of all copies of the Be-Fit Live software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices ("Devices").
All Be-Fit Live trademarks, service marks, trade names, logos, domain names, and any other features of the Be-Fit Live brand are the sole property of Be-Fit Live or its licensors. The Agreements do not grant you any rights to use any Be-Fit Live Brand whether for commercial or non-commercial use.
Rights you grant us In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Be-Fit Live Service to use the bandwidth, camera, Geo-localization and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide accurate information to you.
If you provide feedback, ideas or suggestions to Be-Fit Live in connection with the Be-Fit Live Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Be-Fit Live to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Be-Fit Live a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any "moral rights" (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Customer support For customer support with account-related questions, please consult our website. We will use reasonable endeavours to respond to all customers within a reasonable time frame but we make no guarantees or warranties of any kind that any requests will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Term and termination The Agreements will continue to apply to you until terminated by either you or Be-Fit Live. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Be-Fit Live may terminate the Agreements or suspend your access to the Be-Fit Live Service at any time, including in the event of your actual or suspected unauthorised use of the Be-Fit Live Service and/or Content, or non-compliance with the Agreements. If you or Be-Fit Live terminate the Agreements, or if Be-Fit Live suspends your access to the Be-Fit Live Service, you agree that Be-Fit Live shall have no liability or responsibility to you, to the fullest extent permitted under applicable law. To learn how to terminate your Be-Fit Live account, please contact us through the Customer Service contact form which is available on our website.
Warranty and disclaimer WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE Be-Fit Live SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Be-Fit Live SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Be-Fit Live AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Entire agreement Other than as stated in this section or as explicitly agreed upon in writing between you and Be-Fit Live, the Agreements constitute all the terms and conditions agreed upon between you and Be-Fit Live and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Be-Fit Live Service may be governed by additional agreements. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability and waiver Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Be-Fit Live or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Be-Fit Live's or the applicable third party beneficiary’s right to do so.
Assignment Be-Fit Live may assign the Agreements or any part of them, and Be-Fit Live may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Indemnification To the fullest extent permitted by applicable law, you agree to indemnify and hold Be-Fit Live harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Be-Fit Live Service; and (4) your violation of any law or the rights of a third party.