WODTASTIC Terms of Service

Thanks for using WODTASTIC! These terms of service ("Terms") cover your use and access to our website, services, and mobile apps ("Services"). By accessing and using the WODTASTIC's web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement") when signing up. If you reside outside of the United States of America, Canada and Mexico (“North America”) or in North America your agreement is with WODTASTIC, Inc. Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy Policy. If you're using our Services as a business, you're agreeing to these Terms on behalf of that business. By accessing and using the WODTASTIC Services you agree to be bound by these Terms of Service (this "Agreement"). This Agreement sets out the legally binding terms of your use of the Services and your membership in the Services and may be modified by WODTASTIC at any time and without prior notice, such modifications to be effective upon posting by WODTASTIC on the Web site.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your name, email and so on ("Your Stuff"). Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. These and other features may require our systems to access, and store Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Sharing Your Stuff

Our Services let you share Your Stuff with others, so please think carefully about what you share.

Your Responsibilities

You're responsible for your conduct, Your Stuff and you must comply with our Privacy Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so. With that said, we aren't responsible for the content people post and share via the Services. Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as WODTASTIC’s other services, so please keep that in mind.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, WODTASTIC trademarks, logos and other brand features. Nothing in these terms of use shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of the owner. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. In accessing the Web site, you agree that you will access the contents solely for your own private use and not for any commercial or public use. Use of these materials or information for any other purposes is prohibited without WODTASTIC prior written consent. All rights not expressly granted herein are reserved. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties this Web site or any downloadable files or other material available on this Web site or any other such proprietary information.

Paid Accounts

Billing. We will automatically bill you 30 DAYS from the date you sign up for a Paid Account and on each periodic installment or renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.

No Refunds. The Service is billed in advance on a monthly/yearly basis. You may cancel your monthly/yearly WODTASTIC Paid Account at any time but you won't be issued a refund and there will be no refunds given for partially used months.

Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it. If you cancel during the free trial, you will not be charged.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We'll of course provide you with notice via the email address associated with your account before we do so. Your account will be terminated if WODTASTIC believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein. If your membership in the Service is terminated because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.

You understand and agree that WODTASTIC, may review and delete any personal information or profiles (collectively, "Content") that in the sole judgment of WODTASTIC, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. WODTASTIC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

Limitation of Liability

Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL WODTASTIC BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIALS OR INFORMATION ON THE WEB SITE (OR SITES LINKED TO THE WEB SITE), EVEN IF WODTASTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WODTASTIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WODTASTIC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Pennsylvania.

Indemnity. You agree to indemnify and hold WODTASTIC, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between WODTASTIC and any User of the Service.

Errors and Omissions. Information on the Web site may contain technical information. Information may be changed or updated without notice. WODTASTIC may also make improvements and/or changes to the items described in this information at any time without notice.

Entire Agreement

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and WODTASTIC regarding the use of the Web site and/or the Service. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of this Web site and therefore should cease using this Web site immediately The failure of WODTASTIC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Waiver, Severability & Assignment

WODTASTIC's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WODTASTIC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.