last update 3/2/16.
We are pleased to see you (“You” or “The user”), being interested in our products and services. Motionize* (“Motionize” or “we”) offers a training sensor for athletic motion tracking and analysis; and a variety of Websites, Mobile Applications, online geo-mapping applications, social networking components, and other fitness and health related products and services (collectively, the “Products and Services”). In order to be able to use the complete spectrum of Motionize’s Products and Services, a one-time registration shall be required. General descriptions of Motionize are for viewing without registration.
Motionize’s goal is to make sports enjoyable and help athletes – amateurs to professionals – improve technique by analyzing their motion in real time. Your health is very important to us. Consider the risks involved and ALWAYS consult your doctor about your athletic behavior. Motionize neither substitute your doctor, nor is responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Product and Services.
Important notice for amateur athletes: you are responsible for ensuring that your use of or participation in the activities of these Product and Services does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. Motionize is not responsible or liable for your use of the Product and Services resulting in your ineligibility as an amateur athlete.
Motionize offers the Products and Services on the basis of these Terms. By accessing or using our Products and Services on any computer, mobile phone, tablet, console or other device (collectively, “Device”) the user signifies that he understand and agree to be bound to these Terms and any other applicable law, whether or not he is a registered member of Motionize. Neither the registration nor the use of the complete spectrum of Products and Services shall be possible without explicit consent to these Terms.
These Terms shall apply to all points of access ([sub-]domains, mobile access) regarding Motionize offering of Products and Services.
Motionize reserves the right to change these Terms at any time without notice effective upon its posting. Following such a change, the continued use of the Product and Services shall be considered as acceptance to the revised Terms.
The Terms constitute the entire agreement between you, the user and Motionize with respect to the use of the Products and Services.
3. Subject of the Agreement
Motionize may offer its users the following applications and information:
Internet platform, Personal profile, Sports diary, Statistics and analysis concerning your sports activities, Events, Routes, Mobile Fitness & Health Apps, Content (texts, pictures, videos) regarding sports and health presented by Motionize and professional third parties (coaches, trainers…), Status messages and Blog.
Shop: In this category Motionize displays and links to some websites, applications or other products or services operated by other companies (“Third Party Platforms”). Motionize does not endorse, monitor or have any control over these Third Party Platforms, which have separate Terms and privacy policies. Motionize is not responsible for the content or policies of Third Party Platforms and the user access such Third Party Platforms at his own risk.
Motionize offers applications (Applications): for Apple iPhones as well as, in the future, other smartphones on a global scale. These applications can be used both isolated on the smartphone as well as in connection with the Motionize website and servers. Subject to the user’s consent, relevant data is transmitted from the smartphone to the Motionize servers and shared with other social networks (e.g., Facebook), respectively. The user hereby confirms its knowledge that as a result of the transmission of data from the smartphone to the Motionize servers, certain costs of the mobile carrier will be incurred that have to be borne by the user.
The service is only available to users of smartphones. Only the basic functionality of the application is available for free. Additional terms and conditions on the part of the mobile phone – providers apply.
Newsletter: Motionize will send newsletter to registered users. A user allows Motionize with admission to these Terms to send newsletters. The user can opt-out of receiving a newsletter in every edition. After opting out the user won’t get newsletters from Motionize anymore.
4. Intellectual Property
All intellectual property on the Product and Services (except for User Generated Content – defined below) is owned by Motionize or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Motionize.
All content on the Product and Services (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Motionize; All rights reserved.
You may use the Content only for your own non-commercial use or to place an order or purchase Motionize products.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Product and Services. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Product and Services, including User Generated Content, without Motionize’s prior written consent, unless it is your own User Generated Content that you legally post on the Product and Services.
You agree not to use any data mining, robots, scraping or similar data gathering methods.
Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
In order to be able to use the Products and Services of Motionize, a one-time, free registration is required. By registering, you confirm knowledge and the unlimited recognition of the content of these Terms.
Motionize offer registered users two options:
“Free Membership”, where only basic options (features) are available for the users;
“Premium Membership”, where more options (features) are available for the users who own Motionize sensors and product. Details about the applicable fees for the Premium Membership are set forth on http://www.motionizeme.com/. The fees listed under “Benefits” are binding. Payments for the entire term of Premium Membership shall be due immediately upon invoicing. Payment can be made using the available online payment systems. If Motionize is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. Motionize may deliver invoices and payment reminders to the User by email.
These Product and Services are intended solely for users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Product and Services. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are not legally capable to enter into agreements on your own, then you agree to review these Terms with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to these Terms. If the reader of these Terms is a parent or guardian entering these Terms for the benefit of a child, then he or she agrees and accepts full responsibility for his or her child’s use of Motionize and the Products and services, including all financial charges and legal liability that such child may incur.
You shall register with Motionize only once and confirm with your registration that you have not registered with Motionize before and have not deleted a previously activated user account.
In principle, two ways of registration exist:
Registration by use of the registration form
Adoption of registration details from the social network Facebook.
The registration with Motionize begins with a registration form. You shall provide the details requested on such forms (e.g., first name, last name, date of birth) completely and correctly, unless such details are marked as voluntary. The registration is only possible by use of the civil name (hence no phantasy names or pseudonyms). Registration via Facebook requires the confirmation that the selected details, which you have already confirmed on Facebook, shall be adopted by Motionize. You can subsequently add to or reduce such details in your own profile.
Following successful registration, you can log in to Motionize by either (i) entering your user name or email address as well as the chosen password or (ii) causing the log-in via Facebook. If the registration has not been completed (e.g., as a result of missing personal details or the lack of consent to these Terms), Motionize will delete the (partially) activated user account within a period of 7 (seven) days. Motionize reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
Motionize is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. You shall confirm the identity of other users prior to entering into any form of interaction with such users (e.g., adding as a friend, writing messages).
Motionize is not responsible or liable for any loss or damage resulting from any interaction with other Product and Services users, persons you meet through the Products and Services, or persons who find you because of information posted on, by or through the Products and Services. You agree to take reasonable precautions in all interactions with other users on the Product and Services, and conduct any necessary investigation before meeting another person. Motionize is under no obligation to become involved with any user dispute, but may do so at its own discretion.
6. Termination and Cancellation
You shall have the right to terminate the use of Motionize’s online platform at any time via your account settings. Such termination shall be confirmed once. Additionally, Motionize reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Product and Services for any or no reason, without notice, and without liability to you or anyone else. Motionize also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Product and Services.
You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Product and Services, or on other platforms (e.g., Facebook, Google, etc.), may continue to appear on the Product and Services or on other platforms even after your User Generated Content is removed or your account is terminated.
These Terms remain in effect even after your account is terminated. The Terms relating to Intellectual Property, Indemnification by User, Warranty, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.
7. User Obligations and Conduct
You shall be required; (i) to truthfully provide, and keep current, your registration details and not to pass on such details to third parties, (ii) to Keep your username/password secure and do not allow anyone else to use your username/password to access the Product and Services. Motionize is not responsible for any loss that results from the unauthorized use of username/password, with or without users knowledge,
(iii) to only save, publish, transmit and distribute such content (photos, pictures, text, representations, videos, etc.), if you are authorized to pass on such content, i.e., if you have the exclusive right to use such content or, if you are not the owner of such rights with respect to content provided by you, you guarantee to Motionize that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. You shall be exclusively responsible for such content, (iii) In particular, you shall not be permitted to save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal, (iv) not to send chain letters or messages to more than one recipient at one time (mass emails or spam), (v) not to carry out any disrupting interferences in the Motionize network by use of technical or electronic aids, in particular hacking attempts, brute force-attacks, planting of viruses/worms/Trojans and other disrupting attempts regarding Motionize’s software or hardware, (vi) not to copy, distribute, transmit or collect by use of technical aids (e.g., crawlers or bots) accessible details without the consent of the respective owner.
You shall; (i) Provide prompt notice via email to info@Motionizeme.com of any detected breaches of the aforementioned obligations, (ii) Regularly save important personal details externally (storage medium, hard drive, clouds). Motionize shall not be responsible for any lost or impaired details.
8. User Generated Content
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other users post or otherwise make available on or through the Product and Services, except to the extent the Content is owned by Motionize. Motionize may use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with Motionize Service.
Motionize does not prescreen User Generated Content. Motionize does not guarantee the Product and Services will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Motionize is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Product and Services.
Even in the event Motionize chooses to monitor any User Generated Content, Motionize assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
Motionize reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
You agree that as a result of the automatic evaluation of the way you use the platform, you may be exposed to certain offers and/or marketing messages tailored to you. You agree that marketing measures may also be taken in the proximity of created content, which are marketed by Motionize.
Motionize shall have the right to save User Generated Content or disclose such content to third parties, to the extent this is required by law or reasonably necessary and legally permissible, in order to comply with statutory law, or court or administrative orders; ensure compliance with these Terms; react to claims of breaches of law raised by third parties; or safeguard the rights, property or personal safety of Motionize, its users and the general public.
9. Product Orders
All orders placed through the Product and Services are subject to Motionize’s acceptance. This means that Motionize may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Motionize will issue you a refund.
10. Right of Cancellation for Consumers
If you as a User are registered at Motionize for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer:
Right of withdrawal from contract: You may cancel your contractual agreement with Motionize in writing (e.g., by letter, fax or email) within seven (7) working days without stating a reason. The seven working day period begins for contracts, which cover the supply of goods on the date of receipt by the consumer and for contracts for the provision of services with the date of contract. The contract can be canceled by sending timely notification to: Email: firstname.lastname@example.org
Consequences of cancellation: In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
The User’s right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.
11. Mobile Services
The Product and Services contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Motionize’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
From time to time Motionize issue mobile applications updates, and may automatically electronically upgrade the version of the Mobile Applications that you employ on your mobile device. You expressly consent to such automatic upgrading on your mobile device, and agree that the Terms (and any additional modifications of the same) will apply to all such upgrades.
License to the App. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this General terms and Motionize grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the App downloaded from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control; and (2) permission to access and use the Products and Service, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly display, or publicly perform the App or any part of the Products and Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the App or the Products and Service for any purpose other than a purpose for which the App and the Products Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Motionize (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
12. Representations and Warranties
The Products and Services, User Generated Content, Content, and the materials are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Motionize disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Motionize cannot guarantee and does not promise any specific results from use of the Products and Services.
Motionize does not represent or warrant that the Product and Services will be uninterrupted or error-free, that any defects will be corrected, or that the Product and Services or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, Motionize does not make any warranties or representations regarding the use of the materials or Content in the Product and Services in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.
You signify that you understand and agree that you download or otherwise obtain Content use the Product and Services exclusively at your own risk. This applies, without limitation, to the related use of any hardware, including, but not limited to, the respective smartphone, sensor, computer system, chest straps, dock or other Device; downloading of your own and third party content and any use of data created or provided by Motionize, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions (e.g., workout plans etc.). You explicitly acknowledge that any such data or content may contain errors, and Motionize does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
The use of any software or hardware offered by Motionize is no substitute for the consultation by the user of a specialized doctor.
Additionally, Motionize does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be placed for you. Any contractual arrangements entered into between you and a third party provider (e.g., via linked websites or banners) result in a contractual relationship between you and the third party provider only. Motionize does not make any representations or warranties with respect to products or services of third party providers.
Motionize reserves the right to change any and all Content and other items used or contained in the Product and Services at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
13. Limitation of Liability
Motionize, its affiliates, partners, officers, directors or employees, shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this platform or the performance of the products purchased through the platform or the conduct of other platform users (whether online or offline) or attendance at a Motionize event or any User Generated Content or other Content posted on the Product and Services or for any offensive, unlawful or objectionable content you may encounter on or through the Product and Services, even if Motionize has been advised of the possibility of such damages.
You assume total responsibility for your use of the Product and Services. Your only remedy against Motionize for use of the platform or any content is to stop using the platform. That said, if Motionize is found to be liable to you for any damage or loss which is in any way connected with your use of this platform or any content, Motionize’s liability shall not exceed us$100.00.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15. Indemnification by Users
You agree to indemnify defend, and hold harmless Motionize, its affiliates, officers, directors, employees, agents, licensors and suppliers from all claims raised by third parties as a result of an infringement of their rights by you in connection with User Generated Content or other usage of applications available via the Motionize network, disputes, demands, liabilities, damages and costs and expenses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by law.
In the event that a claim is brought by a third party, you shall promptly, truthfully and completely make available to Motionize all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Motionize may be entitled to bring against the user shall not be affected.
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable and the remaining provisions are still valid and enforceable.
Governing Law and Jurisdiction
Any cause of action or claim you may have with respect to the Product and Services (including but not limited to the purchase of Motionize products) must be commenced within one (1) year after the claim or cause of action arises.
By using the Product and Services, you agree to receive certain electronic communications from Motionize. You agree that any notice, agreement, disclosure or other communication that Motionize sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Motionize’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Motionize may assign its rights and duties under these Terms to any party at any time without notice to you.
*Motionize – Motionize Israel Ltd, is a corporation incorporated under the laws of Israel.