If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this Property.
This application, property, and application is operated by: PHYSI, INC on its own behalf (PHYSI, INC is referred to herein as “Company” , “we” , “us” , or “our” ). The property application: “Physi,” corresponding website(s), data feeds, and services, are all collectively referred to herein as the “Property.”
This Property and all of the content it contains, or may in the future contain, including but not limited to: articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips, and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents, and any and all copyrightable material (including source and object code), and/or any other form of intellectual property (collectively, the “Material” ) are owned by or licensed to Company or other authorized third parties and are protected from unauthorized use, copying, and dissemination by copyright, trademark, publicity, and other laws and by international treaties. Unless expressly permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on the Property should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Material in any manner without the prior written consent of Company or such third party that may own the Material or intellectual property displayed on the Property.
Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate Company's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Property by other members, including without limitation, by attempting to access administrative areas of the Property. You agree to report any violation of these Terms by others of whom you become aware. You are advised that Company will aggressively enforce its rights to the fullest extent of the law for any violation or threatened violation of these terms or conditions. This could include Company initiating a civil action against a violator, reporting the violator to the appropriate criminal authorities, and/or suspending the violator from any further use of the Property. Company may add, change, discontinue, remove, or suspend any of the Material at any time, without notice and without liability.
As a user of the Property, you may submit videos, comments, ideas, opinions, and other content to the Property (“Content”). You understand and agree that Company 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 Property. Accordingly, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any and all Content you submit; and you license Company all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the Property pursuant to these Terms of Service.
You retain all of your ownership rights in your Content. However, by submitting Content to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Property and Company's (and its successors' and affiliates') business, including without limitation, for use in promoting and redistributing part or all of the Property (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Property 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 Property and under these Terms of Service.
The above licenses granted by you in Content you submit are perpetual and irrevocable. Even if you remove or delete your videos from the Property, you understand and agree, that Company may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted.
You further agree that Content you submit to the Property 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 Company all of the license rights granted herein.
You further agree that you will not submit to the Property any Content or other material that is contrary to these Terms, which may be updated from time to time, or contrary to applicable local, national, or international laws and regulations.
Additionally, Company does not endorse any Content submitted to the Property by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with Content. Company does not permit copyright infringing activities and infringement of intellectual property rights on the Property, and Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
Company reserves the right to remove Content without prior notice.
We collect “Non-Personal Information” and “Personal Information.” “Non-Personal Information” includes any information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, preferences that are generated based on the data you submit, and number of clicks. “Personal Information” includes only your email address, which you submit to us through the registration process at the Site.
Information you provide us by registering for an account:
Thus, in general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.Non-Personal Information:
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using the Property, you acknowledge that you understand and agree to assume these risks.
The ability to add user generated content may be offered on the Property. “User Forums” are provided to give users a forum to express their opinions and share their ideas and information. These forums, and the opinions, ideas, and information shared therein is classified as “Community Content” . Company does not endorse the Community Content posted in User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any Community Content provided through a User Forum.
Company does not and cannot review all Community Content posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move, or edit content, in whole or in part, submitted by you to the Property for any reason in Company's sole discretion. You understand that any content that you post and/or upload on the Property will be considered a submission for purposes of these services. In addition, Company may delete, move, edit, or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the User Forums or remove any specific material.
You agree NOT TO DO ANY of the following while using the Property, including any User Forum, as discussed in Section C, infra:
Company does not endorse the Community Content in the User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any Community Content provided through a User Forum. By posting or uploading Community Content to any User Forum or submitting any other Community Content to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from, and distribute such materials or incorporate such Community Content into any form, medium, or technology now known or hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that you have no expectation of privacy in the content of any information that you upload or post in any User Forum and that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Company. Company shall not be liable to you or any third party for Company's use or disclosure of any Community Content. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe, and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author, or owner of the Community Content.
You agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any User Forum or submitting any Community Content to Company, or your failure to comply with the above guidelines.
Given the amount of content that is uploaded to the Property on a daily basis, it is impossible for Company to fully monitor each and every upload or posting. For that reason, the Company relies on the Property's members, users, and community to notify Company of any content that the member, user, and/or community deems to violate these Terms, the Restrictions on Use (as discussed in Section D: “Restrictions on Use” ), and any Prohibitions on the use of the Property.
Please be aware that, even though a member or user notifies the Company of the member or user's belief that content violates the Property's Terms, Restrictions on Use, or Prohibitions, that reporting does not necessarily mean that the content will be removed. The Company will, however, promptly review any content that a user or member reports and the Company will, at its sole discretion, determine whether the content should be removed from the Property.
YOU UNDERSTAND AND AGREE THAT THE PROPERTY AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES” ), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE PROPERTY, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN THE PROPERTY'S TECHNICAL OPERATION OR ANY CONTENT ON THE PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PROPERTY OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY USING THE PROPERTY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS PROPERTY AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
You agree that Property made available through pilot or beta programs, disseminated using the Crashlytics service is Confidential Information.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Property is not intended for children under 13. If you are under 13 years of age, then please do not use the Property. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
You agree that: (i) the Property shall be deemed solely based in Ohio; and (ii) the Property shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Ohio. These Terms shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio. These Terms and any other legal notices published by Company on the Property, shall constitute the entire agreement between you and Company concerning the Property. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Property following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You understand that any violation of any of these Terms could result in civil and/or criminal liability against you and Company reserves the right to suspend any User's access to the Property for any such violation.
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