HYBODY App End User License Agreement

This End User License Agreement (“Agreement”) is between you and HYBODY and governs use of this app made available through the Apple App Store. By installing the HYBODY App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the HYBODY App.

In order to ensure HYBODY provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content and abusive users. If you see inappropriate content, please use the “Report as offensive” button found a the top of each post. HYBODY staffs reviews all flagged content within 24 hours by removing the objectionable content and ejecting the user who provided the offending content. HYBODY App users can block abusive users by swipping left on the users photo and clicking the block button. You are also free to report inappropriate content or users by hitting the report button on the content or profiles screen, HYBODY’s staff will receive your notification and moderate the flagged content(s) or user(s) within 24 hours.

1. Parties

This Agreement is between you and HYBODY only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. HYBODY, not Apple, is solely responsible for the HYBODY App and its content. This agreement (“user agreement” or “agreement”) between HYIYH LLC (“we”, “our,” “us”) and you. This agreement sets the terms of your use of the HYBODY app and services (“HYBODY”) that include news and comments. By using HYBODY, you accept all these conditions. Please read them carefully. This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use HYBODY.

2. Privacy

HYBODY may collect and use information about your usage of the HYBODY/strong> App, including certain types of information from and about your device. HYBODY may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the HYBODY App.

3. Limited License

HYBODY grants you a limited, non-exclusive, non-transferable, revocable license to use the HYBODY App for your personal, non-commercial purposes and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from HYBODY staff. This license does not include any resale or commercial use of the HYBODY APP or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. The app HYBODY or any portion of the app may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from HYBODY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HYBODY and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HYBODY name or trademarks without the express written consent of HYBODY. Any unauthorized use terminates the permission or license granted by HYBODY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.hyiyh.com so long as the link does not portray HYBODY, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HYBODY logo or other proprietary graphic or trademark as part of the link without express written permission. You may only use the HYBODY App on Apple devices that you own or control and as permitted by the App Store Terms of Service. We grant you the right to access the HYBODY content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display HYBODY content, except as permitted by the doctrine of fair use or as authorized in writing by us.

4. Age Restrictions

By using the HYBODY App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the HYBODY App does not violate any applicable law or regulation. Your access to the HYBODY App may be terminated without warning if HYBODY believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the HYBODY App, you agree to be bound by this Agreement in respect to your child’s use of the HYBODY App.

5. Objectionable Content Policy

Content may not be submitted to HYBODY/strong>, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

HYBODY disclaims all warranties about the HYBODY App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HYBODY, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

HYBODY does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, HYBODY, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

HYBODY, not Apple, is responsible for addressing any claims by you relating to the HYBODY App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HYBODY App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

HYBODY shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HYBODY App. To the extent HYBODY is required to provide indemnification by applicable law, HYBODY, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HYBODY App or your use of it infringes any third party intellectual property right. HYBODY is a place with many third-party hyperlinks posted by users like you. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights. Apple is not a sponsor of HYBODY app nor it is involved in any activity of this app. HYBODY takes no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to HYBODY.

10. Electronic Communications

When you visit HYBODY or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the app or on site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11. User Account, Membership Policy

If you use HYBODY App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. To be part of HYBODY app, you must create an account that includes a username and password (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address is needed as well. HYIYH and its associates reserve the right to refuse service, terminate accounts, block or ban users, remove or edit content, or cancel orders in their sole discretion. HYBODY is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone, so be careful. Although you may be able to conduct payment and other transactions through the our Website or App, using third-party vendors such as PayPal, HYBODY is not in any way in involved in such transactions. Therefore you hereby acknowledge and agree that HYBODY/strong> is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the App at your own risk. You may not use HYBODY to conduct transactions for any illegal goods or services. HYBODY is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on HYBODY. HYBODY is an App designed and supported for personal use only. You may not use HYBODY to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You may not license, transfer, sell, or assign Your Account without our written approval.

12. Reviews, Comments, Emails, Spam, and Other Content

Visitors may submit content, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HYBODY staff reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HYBODY and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HYBODY and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HYBODY or its associates for all claims resulting from content you supply. HYBODY has the right but not the obligation to monitor and edit or remove any activity or content. HYBODY takes no responsibility and assumes no liability for any content posted by you or any third party. You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam.

13. Copyright Policy

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HYBODY or its content suppliers and protected by international copyright laws. The compilation of all content on this app is the exclusive property of HYBODY, with copyright authorship for this collection by HYBODY, and protected by international copyright laws.

14. User Generated Content

You retain the rights to your copyrighted content or information that you submit to HYBODY (“user content”) except as described below. By submitting user content to HYBODY, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. You may not purposefully negate any user’s actions to delete or edit their content on HYBODY. This is intended to respect the privacy of HYBODY users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.

15. Terms of Use

You understand that HYBODY does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside HYBODY’s app or other means of electronic communication, whether through the App or another third party website, or offerings, comments, user postings, files, images, photos, business listings/information and directory information or any other material made available through the Appand the Service ("Content"), and that by using the App and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HYBODY be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that HYBODY cannot and does not pre-screen or approve any Content, but that HYBODY has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to HYBODY’s knowledge or for any other reason or no reason at all. Furthermore, the App and Content available through the App may contain links to other third party websites, which are completely unrelated to HYBODY. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.HYBODY makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such third party website, and your linking to any other websites is completely at your own risk and HYBODY disclaims all liability thereto.

16. Monthly Subscription

Monthly prices may vary depending on your location. Payment will be charged to your credit card through your iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current period, at the monthly cost of the renewal. You will not be able to cancel the subscription once activated. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Please visit www.hybody.com/privacy/ and www.hybody.com/legal/ for more information. For any questions or concerns please visit www.hybody.com/help/.

HYBODY may use large amounts of data on your electronic devices, and carrier data charges may apply. We recommend connecting your electronic device running HYBODY to a secure Wi-Fi network when available.