ShapeUp Club Terms and Conditions
Valid from March 30, 2011
By becoming a member and use ShapeUp Club and the related mobile application you accept and agree to these terms and conditions. This agreement also applies when you purchase and/or subscribe to ShapeUp Club Gold, see below under "Subscriptions, prices and methods of payment". It is important that you carefully read through these Terms and Conditions. If you do not consent to this agreement, you shouldn't register at ShapeUp Club.
Description of ShapeUp Club
ShapeUp Club is a service that is developed and provided by Sillens AB. The service is available online at ShapeUpClub.com, in the iPhone App Store as "ShapeUp Club", in the Android Market as "ShapeUp Club" and in the Nokia Ovi Store as "ShapeUp Club". The purpose of ShapeUp is to help our users to record what they eat and exercise, and track their health, weight and fitness progress. The service that ShapeUp Club provides is from now on in this document called Service.
Subscriptions, prices and methods of payment
ShapeUp Club has the right to determine the prices for the Service on the website and in the mobile apps and to change them. By paying the subscription fee you get access to the Service during the time your subscription runs. We accept a variety of different methods of payment, such as; PayPal and in-app Purchase handled by Apple. All payments handled by PayPal regards paying with either your personal PayPal account or with your credit card. Subscriptions bought via PayPal will be running until you decide to terminate it in settings in your account on www.shapeupclub.com. Subscriptions bought from within the app, using in-app Purchase, will end after the subscription period is over. You always pay for your subscription in advance and will receive an email notification of your payment. You can at any time terminate your membership and your membership is still valid for the subscription time you already paid for. Subscription fees can be found on www.shapeupclub.com or in the mobile app. ShapeUp Club has any right to change the subscription fee, whereupon the information on this price change will be published on www.shapeupclub.com and by a mail sent to your last reported email address one month before the amendment occurs.
Membership and Terms of Service
The content of this Service is made for your private use and not for commercial use. You may only use this Service according to these Terms and Conditions. The Service may not be used so either ShapeUp Club or anyone else is harmed, in any way. You may not violate any laws (in your country) when using ShapeUp Club. As a member of ShapeUp Club you are bound to:
Your membership on ShapeUp Club is personal and may not be transferred or used by someone else.
Your username and password may not be disclosed to anyone else. If you suspect that someone got a hold of your account information immediately inform ShapeUp Clubs Customer Service about this. Contact information is to find in the bottom of this document.
ShapeUp Club is not intended for persons under the age of 18. To use ShapeUp Club, you must be at least 18 years old.
You are responsible for keeping your password and username safe. ShapeUp Club is not responsible for any loss or damage caused by unauthorized use of your username and/or password.
You may not use this Service for any illegal or unlawful purposes.
You are solely responsible for all activity and all the content that is uploaded and/or created under your ShapeUp Club account.
Violation to any of these terms and conditions will lead to a direct termination of your user account.
Not engage in any commercial activity, such as sales of goods and/or services and/or give tips on any placed where commercial activity is present, no advertising.
Not contribute with any propaganda, religious and/or political views
Not contribute with information which in any way contains or involves incitement to racial hatred, child pornography, pornography.
Not conduct in any campaigns and/or criticize ShapeUp Club. Feedback on this Service is made directly to ShapeUp Club via the customer service. Contact information can be found in the bottom of this document.
Respect the laws (in your country) and accept ethical and moral values.
Not defame, harass or offend other people.
Not share other people's personal information.
Not transmit, and/or distribute files that may damage ShapeUp Club or other people's computers or property, such as viruses, Trojan horses, etc.
Understand that you are personally responsible for all materials, such as photos, comments, forum posts, links and more, that you create and upload on ShapeUp Club. By submitting any material to ShapeUp Club you ensure that you hold the copyright, trademark and/or other intellectual property rights for this material. ShapeUp Club is not responsible for reviewing this information, but may at any time, without reason, choose to remove this material from the Service and your user account. If ShapeUp Club suspects violations of any law or violation to the Terms and Conditions it will lead to a direct termination of the person's membership on ShapeUp Club. You are obliged to compensate ShapeUp Club for all direct and indirect damage you caused ShapeUp Club in respect to violations of the Terms and Conditions.
By approving this agreement you give ShapeUp Club the right to publish, use, copy, present, reproduce, display, edit and license the material you have created, such as food and exercise, without special compensation or with notification, all around the world in all types of medium. This does not include your personal information, read more under "Privacy".
Refunds
From the date you receive confirmation of your membership via email, you have 14 days to withdraw from the contract with ShapeUp Club. If you consent to have access to ShapeUp Clubs services during the withdrawal period, you no longer have the right of withdrawal. To use your right of withdrawal you must send an email to ShapeUp Club, you can find the contact information at the bottom of this document. Any prepaid fees will be refunded within 30 days. An absent payment is not considered as an unsubscription of the Service. All payments handle by Apple, such as in-app Purchases, can only be refunded through Apple and by consent from Apple.
True and correct information
You are always obligated to provide ShapeUp Club with true and accurate personal information. When you decide to send the application form to ShapeUp Club, you certify that your data is fully true and accurate.
Health and medical conditions
ShapeUp Club is not a medical organization, our employees will not give you any medical advice or diagnosis. The purpose of ShapeUp is to help our users to record what they eat and exercise, and track their health, weight and fitness progress. The information available through this Service and from any other of our provided services should not be used to make any medical diagnose, and is only to be used for educational purposes. The Service should not be used for medical advice or opinions, nor does it contain medical advice or opinions. Always consult with a doctor before starting a diet or fitness program. Stop with all training and diet that is causing pain or serious uncomfort and consult a medical expert with this. ShapeUp Club, with all its contents, cannot guarantee any health, weight and/or fitness results or improvements to the users of ShapeUp Club. ShapeUp Club only approves users who in a safe way can use this Service. ShapeUp Club is only intended for healthy adults. When consenting to this agreement you approve to consult with a physician before using The Service. The following users are prohibited, in whole or partially, from using the Service:
People with a medical condition. If you have a serious illness, or are pregnant and/or breastfeeding/lactating, you may not use the Service without an approval from your physician or other licensed health adviser.
People suffering from eating disorders. If you suffer from anorexia nervosa, bulimia or another eating disorder illness, you may not use this Service.
Nutritional information
ShapeUp Club's nutritional information can be found in two separate food databases. The first is based on nutritional information published by the United States Department of Agriculture, these foods are in the Service marked as "USDA". The second database contains of nutritional information entered by ShapeUp Club members. Please note that nutritional information that can be found in ShapeUp Clubs food databases has not been reviewed by persons who is qualified to provide complete, accurate, or reliable information. ShapeUp Club can therefore not guarantee the completeness, accuracy or usefulness of any of the nutritional information found in the food databases. ShapeUp Club can't, under no circumstances, be hold responsible for any damage resulting from your reliance on this nutritional information. You are solely responsible for ensuring that any of the nutritional information in the food databases is accurate, complete and useful.
General conditions
We reserve the rights to at any time modify or close the Service with any reason, at any time without notice.
We have the right to at any time change the conditions without first obtaining your approval. You accept these modifications by continuing to use ShapeUp Club after the amendment comes into force.
All new features and tools that expand the current Service is also covered by these Terms and Conditions. The latest Terms and Conditions are always available on www.shapeupclub.com. We recommend that you occasionally read these because of possible updates or changes that may affect you.
We reserve the right to refuse the Service to anyone for any reason at any time.
You use this Service at your own risk. The Service is provided as it is, when it is available, without any guarantees.
ShapeUp Club does not warrant that the information available on the Service, such as user created food and training is correct, accurate and trustable.
We may, but are not obligated, to remove content and accounts containing inappropriate material according to laws (in your country) or these Terms and Conditions.
Technical support is given to all accounts and is only available via email.
You agree not to reproduce, duplicate, copy, sell, or exploit any part of this Service without the written approval from ShapeUp Club.
It is not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create materials or works fully or partially derived from ShapeUp Club. It's not allowed to transfer or sell any information, software, products or services that are part of ShapeUp Club.
ShapeUp Club is not responsible for criminal acts committed by the use of ShapeUp Clubs services.
ShapeUp Club is not responsible for the infringement of others intellectual property rights through the use of ShapeUp Club.
ShapeUp Club is not under any circumstances responsible for any direct or indirect damage caused by the use of ShapeUp Club and/or its materials or information.
ShapeUp Club takes no responsibility and is not to hold responsible for any harm and/or injuries that might happen to our users from training activities or from using ShapeUp Club.
Privacy
You agree that we will store your personal information such as weight, height, age, etc. This information is only available to you and will never be transferred to any third parties.
Contact Information
ShapeUp Club, Sillens AB
Kungsgatan 37
1111 56 Stockholm
SWEDEN
contact@shapeupclub.com