All online memberships has a 30 day money back guarantee, the issuance of a refund can take up to 30 days from the date of the refund request.
We inspect all returned items when they arrive at our processing facility. If your return is a result of an Translation Fitness, LLC error or defective product, we will refund the full cost of the merchandise and original shipping charges.
If you return an item that was opened or shows signs of wear, we will issue a partial refund minus the original shipping charges and return shipping fees. Products decrease in value over time. Therefore, a reduced refund will be issued for returns initiated over 10 days after delivery or received at our returns processing facility after 20 days*.
You can expect your refund within four weeks from the date you return your package. In most cases you will receive a refund sooner, but we estimate four weeks because of the time required for return shipping (up to 14 days), product inspection at our returns facility (up to 5 business days), and processing from your bank or credit card company (up to 5 business days). All refunds are issued to the original method of payment unless you selected to return for in-store credit. Once your return is processed we will send you an email with your refund details.
Their will be refunds issued for gym memberships or subscription services for the Body With Language Program outside a 10 day period from the date of purchase. Other than that, all sales are final.
You can initiate a return for most new and unopened items within 30 days of delivery for a full refund. You must return items in new or unused condition with all original materials included with the shipment. We must receive your returned items at our processing facility within 10 days of delivery (see Product-Specific Return Policies for exceptions). We inspect all returned items and award a partial refund for opened or used products. If the return is a result of our error or defective product, we will refund the full cost of the merchandise and shipping charges.
If you initiate a return after 30 days, we may issue a partial refund* depending on elapsed time and condition of merchandise.
Defective Product and Returns Due to Our Error
You may return defective items, items damaged at the time of receipt, and incorrect items received without penalty.** Your return shipping charges will be waived.
When we receive your return, we inspect the item and provide a replacement or issue a refund. If the product is not defective, return shipping fees will apply and/or a partial refund may be issued.
User Terms of Service and Agreement
Last Revised: June 15, 2017
Welcome to BodyWithLanguage.com(“Site“), which is owned and operated by Translation Fitness, LLC. The following Terms of Service (“Agreement“) governs your access to and use of the Site and the services made available from the Site (the Site and any services made available from the Site, the “Service”). Please review the entire Agreement carefully. The Service is operated by Translation Fitness, LLC. and its corporate affiliates (collectively, “us“, “we” or “Translation Fitness, LLC“). By accessing or using any portion of the Service, you signify that you have read, understand and agree to be bound by this Agreement, including all Translation Fitness, LLC policies that apply to your use of the Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Translation Fitness, LLC reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the changes for your use of the Service after the effective date of those changes. If you do not agree to abide by this Agreement or any future version of this Agreement, your sole remedy is to not use or access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.
Use of the Service is void where prohibited. By using the Service, you represent and warrant that you agree to and will abide by all of the terms and conditions of this Agreement. Children under 18 are only authorized to use the Service with the written authorization by a school or other educational organization that registers that child. Self-registration by children under 18 is strictly prohibited.
To access and use the Service, you must register for an account. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. Translation Fitness, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service if it suspects that such information is untrue, inaccurate, not current or incomplete.
Subject to the terms and conditions of this Agreement, Translation Fitness, LLC grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to participate in the Translation Fitness, LLC language program as intended and made available by Translation Fitness, LLC. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you. This license is a single user license and cannot be used by any other user but the unauthorized user who purchased this program.
- Term and Termination
This Agreement will remain in full force and effect while you use any portion of the Service or have a Body With Language account. Translation Fitness, LLC may terminate your account at any time, for any reason, without warning. Even after your account is terminated, this Agreement will remain in effect. You may terminate your account at any time, for any reason, by contacting us by email at firstname.lastname@example.org. Requests account termination may be made in writing to:
Translation Fitness, LLC
4139 W Vine St
Kissimmee, FL 34741
United States of America
Registration for a Body With Language account and access to selected features of the Service are currently provided to you for a fee. Translation Fitness, LLC may charge additional fees for access to certain portions of the Service. By electing to access our services you authorize Translation Fitness, LLC to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your use of that Service in US dollars, including all applicable taxes. If Translation Fitness, LLC does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Translation Fitness, LLC may suspend your access to the Service. You may cancel your use of our Services or your account at any time. All sales are final and Translation Fitness, LLC will not issue refunds except as expressly provided in this Agreement. You acknowledge that Translation Fitness, LLC reserves the right to change its fees at any time.
At no time will you be charged without your prior knowledge and explicit consent.
Translation Fitness, LLC has no liability for hacking or loss of your users account, or content or services obtained. Translation Fitness, LLC has no obligation to, and will not, reimburse you for any loss programs test scores or any goods or services that are lost due to your violation of this Agreement. Translation Fitness, LLC reserves the right, without prior notification, to limit the quantity of content or services for any reason, and may refuse to provide content or services. Translation Fitness, LLC may differentiate between types of services, including as to price, exchangeability, availability, and conversion value. You agree that Translation Fitness, LLC has the absolute right to manage, distribute, regulate, control, differentiate, modify, or eliminate services as Translation Fitness, LLC sees fit in its sole discretion, and that Translation Fitness, LLC will have no liability for exercising that right.
- Translation Fitness, LLC Music
Translation Fitness, LLC may offer you the opportunity to listen to music. At any time the music that is offered can be removed and made unavailable for any reason without notice from our website and forum.
The Service may include an opportunity for you to purchase a license to access one-on-one online language tutoring services may not be transferred or resold in any manner, including, without limitation, by means of any direct sale.
Tutoring must be used by you within a month of the date of purchase/issue. If you do not redeem your Tutoring services within the month of the date of purchase, the services will not roll over to the next month in your account. All Tutoring Service will be terminated or suspended for any reason, in Translation Fitness, LLC’s sole and absolute discretion, or if Translation Fitness, LLC discontinues availability of some or all of the Service.
Price, exchangeability and availability of Tutoring Credits are determined by Translation Fitness, LLC in its sole discretion and are subject to change without notice. You agree that Translation Fitness, LLC has the absolute right to manage, distribute, regulate, control, modify or eliminate Tutoring as Translation Fitness, LLC sees fit in its sole discretion, and that Translation Fitness, LLC will have no liability for exercising that right. All redemption of Tutoring Credits for access to tutoring services is subject to availability. All redemptions are subject to this Agreement and all limitations and requirements stated via the Service.
All purchases of Tutoring are final. Once you have redeemed a Tutoring Credit, the Tutoring Credit will be subtracted from your account and cannot be refunded or returned, except in Translation Fitness, LLC’s sole discretion.
All Services are subject to availability. Class sizes may be limited and spaces made available on a first-come, first-served basis. Translation Fitness, LLC does not guarantee that any Service, including any Paid Service, will be available to you at the time you wish to use it.
- Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any written or online notice from Translation Fitness, LLC. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Use of the Service is for your personal and non-commercial use unless otherwise agreed in writing by Translation Fitness, LLC, and Translation Fitness, LLC does not grant you any express or implied rights to access or use the Service for any other purpose.
- Disclosure Permission
If you have access to our Services via a Body With Language subscription agreement between Translation Fitness, LLC and your employer or another entity, you hereby permit Translation Fitness, LLC to provide reports regarding your usage of the Service, including personally identifiable information, to the subscribing entity during the term of that enterprise subscription.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Translation Fitness, LLC of any unauthorized use of your password or username or any other breach of security.
- Storage; Inactive Accounts
You acknowledge that Translation Fitness, LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that data, lesson submissions, lesson progress, lesson data, lesson submission comments, or other uploaded content will be retained by Translation Fitness, LLC, the maximum number of data or other content that may be sent from or received by an account on the Service, the maximum size of any data or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on Translation Fitness, LLC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Translation Fitness, LLC in a given period of time. You agree that Translation Fitness, LLC has no responsibility or liability for the deletion or failure to store any data, lesson submissions, lesson progress, lesson data, lesson submission comments, or other uploaded content maintained or transmitted by Translation Fitness, LLC. You acknowledge that Translation Fitness, LLC reserves the right to deactivate your account if it is inactive for longer than one year.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content (“Content”), are owned by Translation Fitness, LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without Translation Fitness, LLC’s prior written consent. Requests for permission to reproduce any Content must be made in writing to:
Translation Fitness, LLC – Content Licensing
4139 W Vine St
Kissimmee, FL 34741
United States of America
- Trademark and Service Mark Rights
All rights in the product names, company names, trade names, logos, and designs of all Translation Fitness, LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Translation Fitness, LLC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of Translation Fitness, LLC or any third party.
- User Content and Communications
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free (unless otherwise stated), fully-paid, transferable, and sub licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order provide and promote the Service and Translation Fitness, LLC’s business. You retain all rights in your User Content, subject to the rights granted to Translation Fitness, LLC in this Agreement. You may modify or remove your User Content via your Translation Fitness, LLC account or by terminating your Translation Fitness, LLC account 12 months from the dates of opening your account.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Translation Fitness, LLC’s or its partners’ products and services, as determined by Translation Fitness, LLC in its sole discretion; or (f) in Translation Fitness, LLC’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Translation Fitness, LLC, its affiliates, or users to harm or liability of any nature.
Although Translation Fitness, LLC has no obligation to screen, edit, or monitor any Content, Translation Fitness, LLC reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. You further understand and agree that Translation Fitness, LLC may use or disclose any information related to you (including User Content) in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Translation Fitness, LLC or any third party.
- Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use the Service in any unlawful manner or in any other manner that could damage, disable, and overburden or impair the Service;
Use automated scripts to collect information from or otherwise interact with the Service;
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
Register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another’s account, service or system without authorization from Translation Fitness, LLC, or create a false identity on the Service.
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Translation Fitness, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Translation Fitness, LLC or its users to any harm or liability of any type.
Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Translation Fitness, LLC will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
- Member Disputes
You are solely responsible for your interactions with other members of the Translation Fitness, LLC community, including your interactions with any tutors or teachers. Translation Fitness, LLC reserves the right, but has no obligation, to monitor disputes between you and other members.
- Third Party Software; Links to Third-Party Web Sites
Use of some portions of the Service, including certain Services, requires you to download and install software from third party software vendors (“Third Party Software”). Translation Fitness, LLC is not responsible for any Third Party Software or your use of, or inability to use, any Third Party Software. Before you purchase any Services that rely on the use of Third Party Software, you should confirm that you are able to download, install, and use that Third Party Software.
The Service may contain links to other websites (“Linked Sites“). Translation Fitness, LLC does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Translation Fitness, LLC, and Translation Fitness, LLC is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Translation Fitness, LLC is providing access to Linked Sites to you only as a convenience, and the inclusion of links to Linked Sites is not an endorsement by Translation Fitness, LLC in favor of any third party.
- Notice of Copyright Infringement
Translation Fitness, LLC respects the intellectual property rights of others, and asks you to do the same. It is Translation Fitness, LLC’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Translation Fitness, LLC’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Translation Fitness, LLC or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may write to Translation Fitness, LLC’s designated agent for notice of copyright infringement at:
Translation Fitness, LLC – Copyright Agent
4139 W Vine St
Kissimmee, FL 34741
United States of America
By submitting a copyright infringement notice, you acknowledge and agree that Translation Fitness, LLC or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. Translation Fitness, LLC will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Translation Fitness, LLC or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Translation Fitness, LLC, then Translation Fitness, LLC may, in its sole discretion, reinstate the removed or disabled material.
- Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS.” TRANSLATION FITNESS, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. TRANSLATION FITNESS, LLC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRANSLATION FITNESS, LLC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY TRANSLATION FITNESS, LLC, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TRANSLATION FITNESS, LLC OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
TRANSLATION FITNESS, LLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND TRANSLATION FITNESS, LLC DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
- Limitation of Liability
IN NO EVENT WILL TRANSLATION FITNESS, LLC OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU RELEASE TRANSLATION FITNESS, LLC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
THE MAXIMUM TOTAL LAIBILITY OF TRANSLATION FITNESS, LLC, ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, IS THE LESSER OF (A) THE AMOUNT RECEIVED BY TRANSLATION FITNESS, LLC FROM YOU DURING THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRANSLATION FITNESS, LLC. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Translation Fitness, LLC has been advised of the possibility of such damage, and even if any limited remedy fails of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Translation Fitness, LLC’s liability in such jurisdictions will be limited to the extent permitted by law.
You will indemnify, defend and hold Translation Fitness, LLC and its licensors, suppliers, and processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to your use of the Service or any activity on the Service via your account, your violation of this Agreement, or your violation of any rights of a third party through use of the Service.
- Choice of Law and Forum
This Agreement is governed by the laws of the State of Wyoming and its Uniform Commercial Code . The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and will not apply to this Agreement or any transactions under this Agreement. If there is any dispute between us concerning the Agreement or your access to or use of the Service, we both agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Wyoming for the purpose of litigating all such claims or disputes.
If you provide feedback to Translation Fitness, LLC regarding the Service (“Feedback”), you authorize Translation Fitness, LLC to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a perpetual and irrevocable license to use the Feedback in any manner and for any purpose.
- No Waiver
The failure of Translation Fitness, LLC to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive Translation Fitness, LLC’s right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Translation Fitness, LLC as a result of the Agreement or your access to and use of the Service. A printed version of the Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Translation Fitness, LLC and governs your use of the Service. If any portion of the Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
- General Use of the Service—Permissions and Restrictions
Body With Language hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without Body With Language’s prior written authorization, unless Body With Language makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Body With Language may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain Body With Language’s prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Body With Language appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
uploading an original video to Body With Language, or maintaining an original channel on Body With Language, to promote your business or artistic enterprise;
showing Body With Language videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
any use that Body With Language expressly authorizes in writing.
If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Body With Language website.
If you use the Body With Language Uploader, you agree that it may automatically download and install updates from time to time from Body With Language. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Body With Language to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Body With Language servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Body With Language grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Body With Language reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Body With Language reserves the right to discontinue any aspect of the Service at any time.
- Your Content and Conduct
As a Body With Language account holder you may submit Content to the Service, including videos, lessons, user comments, etc. You understand that Body With Language does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Body With Language all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Body With Language, you hereby grant Body With Language a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Body With Language’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Body With Language may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Body With Language all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Body With Language Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Body With Language does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Body With Language expressly disclaims any and all liability in connection with Content. Body With Language does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Body With Language will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Body With Language reserves the right to remove Content without prior notice. In addition, all language translations may have a different meaning then the one that you are using it for, please carefully review and check the use of the meaning for the translation.
June 15, 2017