a. Description. The Service provides you with the opportunity to take workout classes (each, a “Class”) and receiving coaching from trainers solely for your personal use. Classes are available for a variety of skill levels, for a variety of activities, and for varying durations. Not all classes will be available in perpetuity and Classes are subject to change at any time with or without notice and without any liability to you.
b. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “ Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
a. Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify Brown Media Mama immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Brown Media Mama will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Brown Media Mama of such unauthorized use or loss of your credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information to Brown Media Mama. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Brown Media Mama, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Brown Media Mama may terminate your Account immediately without notice and without any liability.
Subscriptions and Payment.
a. Initial Subscription Payment. To enjoy the full benefits of the Service, including Classes, you must purchase a subscription to the Service. You will be charged the stated subscription fee and any applicable taxes and service fees upon enrollment, unless your membership starts with a free trial, as detailed below.
b. Free Trials. If your Brown Media Mama membership starts with a free trial period, the duration of which is specified during enrollment, WE WILL BILL YOUR DESIGNATED PAYMENT METHOD FOR THE SUBSCRIPTION FEE AT THE END OF THE FREE TRIAL PERIOD, unless you cancel prior to the end of the free trial period. By providing your payment details when enrolling in the free trial, you agree that Brown Media Mama may charge the subscription fee to your designated payment method upon conclusion of the free trial period. Free trials are only available to first-time subscribers. Brown Media Mama reserves the right, in its sole discretion, to determine your free trial eligibility.
b. Automatically Renewable Subscriptions. By purchasing a subscription to the Service, you agree that, upon expiration of the initial subscription term, your subscription will automatically renew for successive periods of the same duration as the initial subscription unless and until you cancel your subscription.
c. Cancellation. You may cancel your subscription to the Service at any time, after which Brown Media Mama will not automatically renew your subscription.
d. Recurring Charges. YOU AUTHORIZE Brown Media Mama TO CHARGE YOUR ACCOUNT USING THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscription using the same billing cycle as your current subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law.
e. Refund Policy. Any payment made through Brown Media Mama website or through the Google Play Store is refundable on a case-by-case basis. To request a refund, click here or reach out to us at [email protected] For payments made via Apple’s App Store, refunds are subject to Apple’s terms and conditions. Subscriptions that are cancelled during their free trial period (if any) will not incur any payment obligation. If a subscription is refunded, that subscription may be cancelled, and access to the service may be terminated immediately. Following any cancellation without a refund, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion.
f. Price Promotions. At the end of any promotion, Brown Media Mama may, at its sole discretion, revert a member’s price per period to the current standard retail pricing for that membership type. Brown Media Mama may also discontinue certain pricing promotions at any time at its sole discretion.
g. Third Party Subscriptions. If you receive access to the Service through a third party, such as an employer (a “Third Party Subscriber”), your use of and access to the service may be subject to the terms of agreements entered into by the Third Party Subscriber as well as this EULA. Please consult with the Third Party Subscriber for details.
Intellectual Property Rights.
a. License. Subject to your complete and ongoing compliance with this Agreement, Brown Media Mama hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use. Brown Media Mama reserves all rights not expressly granted to you.
b. Content. Except for User Content, the content that Brown Media Mama provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by Brown Media Mama or its third party licensors (collectively, the “Brown Media Mama Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, Post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service’s intended functionalities. Your use of Brown Media Mama Content must be in compliance with applicable law. Brown Media Mama reserves all rights on the part of its licensors; users are not permitted to infringe the rights of the copyright owners of the sound recordings included on the Service or any musical works embodied therein (collectively “Music”). Classes are offered for individual use only by a single user per Account and users are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Music used with any Classes. The unauthorized reproduction or distribution of the Music is expressly prohibited any may violated applicable law and subject you to liability for copyright infringement.
c. Marks. Brown Media Mama trademarks, service marks, and logos (the “ Brown Media Mama Trademarks”) used and displayed on the Service are Brown Media Mama’s registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Service without Brown Media Mama’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any Brown Media Mama Content. All goodwill generated from the use of any Brown Media Mama Trademark will inure solely to Brown Media Mama’s benefit.
a. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Brown Media Mama Content.
b. Screening User Content. Brown Media Mama offers end users the ability to submit User Content to or transmit User Content through the Service. Brown Media Mama does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. Brown Media Mama does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will Brown Media Mama be liable in any way for any User Content.
c. Licenses to User Content. While you retain ownership of any rights you may have in your User Content, you hereby grant Brown Media Mama an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “ Use”) all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Brown Media Mama and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant Brown Media Mama a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Service or transmitted to Brown Media Mama will be considered non-confidential and non-proprietary, and treated as such by Brown Media Mama, and may be used by Brown Media Mama in accordance with this EULA without notice to you and without any liability to Brown Media Mama.
d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your Posting your User Content on the Service.
e. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
f. Objectionable Content. You agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against such third party claims. If you encounter any Objectionable Content on the Service, then please immediately email [email protected] Brown Media Mama in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service.