TERMS OF USE
USE OF SITE
USER-CREATED CONTENT
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Violates in any way any applicable federal, state, or local law or regulation (including any laws regarding the export of data or software to and from the United States or other countries);
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Contains any material that is unlawful, threatening, abusive, obscene, indecent, violent, hateful, harassing, defamatory, deceptive, fraudulent, tortious, or invasive of another’s intellectual property, privacy, or publicity rights, or includes graphic descriptions of sexual or violent content;
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Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, race, gender/gender identity, ethnicity, age, disability, military status, or sexual orientation;
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Contains untrue statements or information, or misrepresents facts about yourself or others;
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Impersonates or attempts to impersonate Pelotonia, a Pelotonia employee, another user, or any other person or entity, or misrepresents your identity or affiliation with any person or entity;
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Gives the impression that the User Content comes from or is endorsed by Pelotonia or others, if that is not the case;
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Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any person or entity, or their privacy and publicity rights;
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Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
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Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
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Exploits or harms, or attempts to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
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Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment, or otherwise causes, damages, or allows you to obtain unauthorized access to any data or other information of any third party;
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Breaches the security of, compromises or otherwise allows access to secured, protected, or inaccessible areas of the Site, or attempts to gain access to other networks or servers via your account/profile on the Site; or
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Restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm Pelotonia or users of the Site or expose them to liability.
MONITORING AND ENFORCEMENT OF USER CONTENT
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Remove or refuse to post any User Content for any or no reason in our sole discretion;
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Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property rights or privacy or publicity rights of another person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Pelotonia;
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Disclose your identity or other information about you to another person or entity who claims that material posted by you violates their rights, including their intellectual property rights or their privacy or publicity rights;
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Take appropriate legal action, including but not limited to referral to or cooperation with law enforcement, for any illegal or unauthorized use of the Site; and
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Terminate or suspend your access to all or part of the Site for any or no reason, including for a breach of the Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
THIRD-PARTY SITES AND INFORMATION AND PROMOTIONS
MINORS
The Site and the content available on it are neither intended for, nor directed to, children under the age of 13. You must be at least 13 years old to have our permission to use the Site. By accessing or using the Site, you represent and warrant that you are at least 13 years old.
GEOGRAPHIC RESTRICTIONS
The owner of the Site is based in the State of Ohio in the United States. We provide the Site for use only by residents of the United States who are physically located in the United States. We make no claims that the Site or any content of the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. You may not access or otherwise use the Site from outside the United States. You are responsible for complying with all applicable laws. We make no representations, warranties, or claims regarding the compliance with European Union or any foreign country privacy or data security laws or requirements. We do not desire to process Personal Data of anyone outside of the United States, and do not otherwise intend to offer goods or services to or monitor the behavior of anyone outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us Personal Data of an identified or identifiable person outside of the United States.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
IN NO EVENT SHALL PELOTONIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE, OR INABILITY TO ACCESS OR USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR WEBSITES LINKED TO THE SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE OR ANY WEBDSITES LINKED TO THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PELOTONIA’S AGGREGATE LIABILITY HEREUNDER OR OTHERWISE ARISING OUT OF OR RELATING TO ACCESS TO OR USE OF THE SITE EXCEED $100.
JURISDICTION AND VENUE
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