**PLEASE READ THIS DOCUMENT CAREFULLY. Fat Burning Facts. (“Fat Burning Facts,” “we,” or “us”) offers an online video sharing platform and community through its website located at fatburningfacts.com and other Fat Burning Facts-operated sites (collectively, the “Fat Burning Facts Site”), mobile applications, connected TV applications, and other online services (collectively and including the Fat Burning Facts Site, the “Fat Burning Facts Service”). By registering as a member or by using the Fat Burning Facts Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Fat Burning Facts. If you do not wish to be bound by this Agreement, do not use the Fat Burning Facts Service. **
1. Who May Use the Fat Burning Facts Service
AGE REQUIREMENT: You must be at least 13 years old to use the Fat Burning Facts Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Fat Burning Facts Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Fat Burning Facts Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Fat Burning Facts Service. If your child is using the Fat Burning Facts Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Fat Burning Facts Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the Fat Burning Facts Service and/or have your parent’s or guardian’s permission, some of the content available within the Fat Burning Facts Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Fat Burning Facts Service
LICENSE: Fat Burning Facts grants you a limited, non-exclusive license to access and use the Fat Burning Facts Service for your own personal, non-commercial purposes. This includes the right to view content available on the Fat Burning Facts Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Fat Burning Facts Service for commercial purposes unless:
You are a Fat Burning Facts PRO or higher subscriber, in which case you may use and access the Fat Burning Facts Service for commercial and non-commercial purposes, subject to compliance with the Fat Burning Facts Guidelines; or
You are a small-scale independent production company, non-profit, or artist, in which case you may use the Fat Burning Facts Service to showcase or promote your own creative works.
If you sell Fat Burning Facts-hosted videos directly to users other than through Fat Burning Facts On Demand, such usage will be deemed an “Application” under our API Terms (whether you use our API or not) and will be subject to our API Terms.
RESTRICTIONS: Except as expressly permitted by Fat Burning Facts in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fat Burning Facts Service or any source code therein. Nor will you attempt to circumvent any of Fat Burning Facts’s technical measures or take any measures to interfere with or damage the Fat Burning Facts Service. All rights not expressly granted by Fat Burning Facts are reserved.
MOBILE APP: Your use of the Fat Burning Facts Service through one of our mobile applications is also subject to our Mobile App Addendum.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Fat Burning Facts Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Fat Burning Facts and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Fat Burning Facts Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a PRO or Business subscriber, you may grant access to your account to other Fat Burning Facts members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a Fat Burning Facts member who has been granted access to a PRO or Business account, you must comply with the terms of this Agreement in accessing that account.
5. Subscriptions and Purchases
SUBSCRIPTIONS: In addition to offering Basic (free) Fat Burning Facts memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Fat Burning Facts player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with a particular subscription, or additional bandwidth for applications not using the Fat Burning Facts player may request a custom account by contacting us here: join.Fat Burning Facts.com/custom. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. In the case of Live subscription products, refunds are not available if the user has exceeded the storage or bandwidth threshold set forth in the refund policy presented at the time of purchase. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Fat Burning Facts. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Fat Burning Facts reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Basic (free) account and Fat Burning Facts may disable access to or delete any content to comply with Basic account limits. If you’re using Fat Burning Facts for commercial purposes, you will need to maintain a Fat Burning Facts PRO or higher plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the Fat Burning Facts Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Fat Burning Facts Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Fat Burning Facts Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Fat Burning Facts may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fat Burning Facts determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fat Burning Facts’s reputation and goodwill. If Fat Burning Facts deletes your account for the foregoing reasons, you may not re-register for the Fat Burning Facts Service. Fat Burning Facts may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Fat Burning Facts will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Fat Burning Facts shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
All videos you submit must also comply with the Fat Burning Facts Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the Fat Burning Facts Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Fat Burning Facts Site (unless you are an official Fat Burning Facts partner or advertiser and have a written agreement with Fat Burning Facts).
Fat Burning Facts has the right, but not the obligation, to monitor all conduct on and content submitted to the Fat Burning Facts Service.
9. Licenses Granted by You
LICENSE TO Fat Burning Facts: As between you and Fat Burning Facts, you own the video content (“videos”) that you submit to the Fat Burning Facts Service. By submitting a video, you grant Fat Burning Facts and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Fat Burning Facts Service; (ii) displaying the video on third party websites and applications through a video embed or Fat Burning Facts’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Fat Burning Facts Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LIVE STREAMS: For the purposes hereof, a “video” includes a live stream and you are deemed to have “submitted” a video when you live stream any content using the Fat Burning Facts Service, regardless of whether a permanent copy is created.
LICENSE TO OTHER USERS: You further grant all users of the Fat Burning Facts Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Fat Burning Facts Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Fat Burning Facts has no control over such caching.
9.2 Non-video Content
As between you and Fat Burning Facts, you own all non-video content that you submit to the Fat Burning Facts Service. You grant Fat Burning Facts and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the Fat Burning Facts Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Fat Burning Facts on improving or adding new features to the Fat Burning Facts Service, Fat Burning Facts shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fat Burning Facts and grant the licenses set forth above; (ii) Fat Burning Facts will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Fat Burning Facts and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Fat Burning Facts Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fat Burning Facts violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Fat Burning Facts respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal[at]Fat Burning Facts[dot]com.
Fat Burning Facts reserves the right to modify the Fat Burning Facts Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fat Burning Facts Service. Fat Burning Facts has no obligation to screen or monitor any content and does not guarantee that any content available on the Fat Burning Facts Service complies with this Agreement or is suitable for all users.
Fat Burning Facts provides the Fat Burning Facts Service on an “as is” and “as available” basis. You therefore use the Fat Burning Facts Service at your own risk. Fat Burning Facts expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fat Burning Facts makes no representations or warranties:
That the Fat Burning Facts Service will be permitted in your jurisdiction;
That the Fat Burning Facts Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party’s use of content that you submit;
That any content you submit will be made available on the Fat Burning Facts Service or will be stored by Fat Burning Facts;
That the Fat Burning Facts Service will meet your business or professional needs;
That Fat Burning Facts will continue to support any particular feature of the Fat Burning Facts Service; or
Concerning sites and resources outside of the Fat Burning Facts Service, even if linked to from the Fat Burning Facts Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Fat Burning Facts Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Fat Burning Facts shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Fat Burning Facts’s total liability to you shall not exceed the amounts paid by you to Fat Burning Facts over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Fat Burning Facts Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Fat Burning Facts is not the primary producer of the visual content contained in the Fat Burning Facts Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Fat Burning Facts Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Fat Burning Facts and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fat Burning Facts in exercising any right hereunder will waive any further exercise of that right. Fat Burning Facts’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Fat Burning Facts’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Fat Burning Facts electronically. Fat Burning Facts may provide all such communications by email or by posting them on the Fat Burning Facts Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Fat Burning Facts at legal[at]Fat Burning Facts[dot]com or the following address:
Fat Burning Facts, Inc. 555 West 18th Street New York, New York 10011 Attention: Legal Department
Nothing herein shall limit Fat Burning Facts’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Fat Burning Facts on the Fat Burning Facts Site or a written amendment signed by an authorized representative of Fat Burning Facts. A revised Terms of Service will be effective as of the date it is posted on the Fat Burning Facts Site.
This Agreement constitutes the entire understanding between Fat Burning Facts and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Fat Burning Facts’s application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Have a nice day.