X-ercise - Gym Tracker with Free Workout Plans

Terms of Use

Attention! : Always consult a physician before starting a workout program,changing your workout routine, or changing your diet. Not all workout routine, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling.

By using the X-ercise application or X-ercise.com, owned and operated by SEA Software, you are subject to certain terms and conditions as set forth below. By using X-ercise application or X-ercise.com for the service (“Service”), you are agreeing to be bound by the following terms and conditions. Any new features or tools which are added to the current Service shall be also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting this web page. Sea Software reserves the right to update and change the Terms of Use by posting updates and changes to the X-ercise.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

WAIVER AND RELEASE OF LIABILITY

By logging on or downloading X-ercise application, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless SEA Software, it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the X-ercise.com website and any other X-ercise service. You agree that neither SEA Software, or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of X-ercise.com or X-ercise Application.

You hereby release and forever waive any and all claims you may have against SEA Software, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of X-ercise.com or X-ercise Application. The total liability of SEA Software, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of X-ercise.com are hereby excluded even if SEA Software or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. SEA Software makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.

GENERAL CONDITIONS

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

SEA Software does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that you are solely responsible for (and that X-ercise has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which X-ercise may suffer) by doing so.

Message boards on the X-ercise.com website will contain information that can be posted and viewed by anyone on the internet. SEA Software does not endorse any information posted on the message boards. X-ercise is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the message boards. Any action taken by a viewer of the boards based on information presented on the boards is at your own risk and could be dangerous or life-threatening. X-ercise will not review all communications or materials posted on its on-line forums, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and X-ercise has the right to block or delete any communications or materials, on X-ercise’s message boards or private messaging systems that may: (i) be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, sexually explicit, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of X-ercise’s on-line forums, private, or instant messaging systems, use simultaneous, unattended or continuous connections to X-ercise, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (iv) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the on-line forums, private, and instant messaging systems of X-ercise; or (v) be deemed unacceptable for any reason by X-ercise. X-ercise may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its message boards or private messaging systems. Posts submitted to the X-ercise Message Boards are not considered confidential. These posts may be used by X-ercise for any purpose without requiring permission from the originator

On the message boards, you acknowledge that the message boards and the features that are offered within are for the public and are not private communications, and you have no expectation of privacy in regards to any submission to the message boards. We cannot guarantee your security of any submission to the message boards or through these media, you make such submissions at your own risk. You are and remain solely responsible for the submissions that you distribute through or on any site under your username or by you in any message board and for the consequences of submitting and posting same. You should be skeptical about information posted and provided by others, and you acknowledge that use of any submission posted in the message boards is at your own risk. We are not responsible for, and we do not endorse, advice, recommendations or opinions posted or sent by users in any message board and we specifically disclaim any and all liability in connection therewith.

The following Rules of Content apply to X-ercise.com as well as the X-ercise Application. By using X-ercise, you agree that you will not distribute any submission, post or imagery that: (i) is defamatory, harassing, threatening abusive, or the invasion of a right of privacy of another individual; (ii) is hateful, racial, offensive or bigoted; (iii) is vulgar, sexually explicit, pornographic, violent or obscene; or (iv) can be expected to harm any person or entity; (v) promotes or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that represents or is an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking stolen or obscene material, deal or abusing drugs, theft, harassment, or conspiracy to commit any criminal activity; (vi) violates or infringes of any third party including; (a) patent, copyright, trademark, trade secret or any other intellectual proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; (vii) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (ix) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (x) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (xi) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

We here at SEA Software, reserve the right, but disclaim any obligation or responsibility, to (i) refuse to post or remove or communicate any submission from any site that violates the terms of use and (ii) identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information, that such identification or disclosure will either (a) facilitate compliance with laws, including, compliance with a court order or subpoena, or (b) help enforce these terms of use and/or protect the safety or security of any person or property, including any site. We retain all rights to remove any submissions at any time for any reason or no reason whatsoever.

For information about X-ercise’s data protection practices, please read X-ercise’s privacy policy at http://www.X-ercise.com/about/privacy-policy. This policy explains how X-ercise treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with X-ercise’s privacy policies.We reserve the right to refuse service to anyone for any reason at any time.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, X-ercise DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UN-INTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM X-ercise OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

X-ercise FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT X-ercise AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR :

(I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT NE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF :

- (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES ;

- (B) MAKE CHANGES WHICH X-ercise MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

- (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

- (D) YOUR FAILURE TO PROVIDE X-ercise WITH ACCURATE INFORMATION; AND

- (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

The Services may include hyperlinks to other web sites or content or resources. X-ercise may have no control over any web sites or resources which are provided by companies or persons other than X-ercise. You acknowledge and agree that X-ercise is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that X-ercise is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by X-ercise on the Services are subject to change without specific notice to you. In consideration for X-ercise granting you access to and use of the Services, you agree that X-ercise may place such advertising on the Services.

These Terms of Service, and your relationship with X-ercise under these Terms of Service, shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions.

ACCOUNT TERMS

You must be 18 years or older to use this Service.In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to X-ercise.com will always be accurate, correct and up to date. You are responsible for keeping your password secure. SEA Software. cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your X-ercise account. A breach or violation of any of the Account Terms as determined in the sole discretion of SEA Software. will result in an immediate termination of your services. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by X-ercise, unless you have been specifically allowed to do so in a separate agreement with X-ercise. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to X-ercise for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify X-ercise immediately at xercisesapp@gmail.com.By making your account information public, you agree to allow others to view your content. SEA Software does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service. You acknowledge and agree that if SEA Software. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SEA Software Verbal or written abuse of any kind (including threats of abuse or retribution) of any X-ercise customer, SEA Software employee, member, or officer will result in immediate account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Members found using email information in this manner will be stripped of their membership. X-ercise.com is not responsible for the content of email messages sent by its members or from a third party. We assume members of X-ercise.com will act responsibly and use the tools provided by X-ercise.com in a law-abiding manner. If X-ercise.com determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of X-ercise.com. You are only authorized to use this Site for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on X-ercise.com for any purpose other than for your own individual use, unless otherwise specifically authorized by SEA Software. You agree not to transfer or resell your use of or access to your program to any third party.

COMMUNITY GUIDELINES

Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the X-ercise, you hereby agree to comply with these community guidelines :

-You will not use X-ercise for any unlawful purpose;

- You will not post or send us false or misleading information;

- You will not use the X-ercise to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;

- You will not access or use X-ercise to collect any market research for a competing business;

- You will not upload, post, e-mail, transmit, or otherwise make available any User Content that: infringes any copyright, trademark, right of publicity, or other proprietary or contractual rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;

- You will not “stalk” or otherwise harass another;

- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;

- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from X-ercise, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

- You will not use any automated device or software that enables the submission of automatic postings on X-ercise without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and

- You will not interfere with or attempt to interrupt the proper operation of X-ercise through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to X-ercise through hacking, password or data mining, or any other means.

Please let us know about inappropriate content. If you find something that violates our Community Guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to X-ercise, or any portion of X-ercise, without notice and remove any User Content that does not adhere to these guidelines.

PAYMENT TERMS AND CANCELLATIONS

For any Orders executed outside the X-ercise (e.g., in iTunes, Google Play, etc.), the terms and conditions and privacy policy of such third-party provider shall apply to such Order.

You agree to pay any fees due for and incurred by your use of any Services that require payment such as Premium Subscription (“Paid Services”). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by X-ercise) (“Payment Method”). You may switch to a different Payment Method or update your information by visiting the “Premium Subscription” page. You agree to pay all fees and other charges incurred in connection with your Account. X-ercise will administer and apply payments you transmit for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, X-ercise reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.

If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by X-ercise upon cancellation.

You may elect to pay Premium Subscription fees on a monthly or annual basis. All such Premium Subscription fees are payable in advance. Premium Subscription fees will be billed automatically to the Payment Method at the start of the monthly or annual period, as applicable, and will auto-renew until your Premium Subscription is terminated. The renewal Premium Subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Premium to charge your Payment Method for the appropriate Premium Subscription charges and fees and for any other purchases you elect to make via the Services. Premium reserves the right to increase Premium Subscription fees or to institute new fees at any time upon reasonable notice posted in advance on Websites.

ALL PURCHASES ARE FINAL AND NO REFUND OR EXCHANGES WILL BE GIVEN FOR UNUSED PORTIONS OF PAID SERVICES.

If you have a question about a transaction on your credit card statement, please use the “Support” section of the X-ercise to contact customer service.

MEDICAL AGREEMENT

The mobile application, X-ercise, and material provided by X-ercise.com are for general informational purposes only – SEA Software is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. SEA Software. is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Members are responsible for their own health, diet research and decisions; therefore Sea Software requires that you consult with your physician or health care practitioner before dieting, making any personal health decisions, or following any training instructions you receive through X-ercise.com or participating in any event announced on our site. By registering for X-ercise.com, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by
 X-ercise.com. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.

SEA Software is not responsible for any health problems that may result from training programs, products, or events you learn about through
X-ercise.com. If you engage in any exercise program you receive through X-ercise.com, you agree that you do so at your own risk, and are voluntarily participating in these activities.

X-ercise tries to provide only the most helpful and accurate information, but X-ercise cannot verify, endorse or vouch for the information, services or recommendations available through X-ercise.com. SEA Software. is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through X-ercise.com, or for any health problems that may result from training programs, products, or events you learn about through the site.

THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS THE INFORMATION AND RECOMMENDATIONS PROVIDED BY X-ercise.com OR  X-ercise APPLICATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. X-ercise IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR NUTRITOIN EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.

In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true :

- (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;

- (ii) you have never felt chest pain when engaging in physical activity;

- (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month;

- (iv) you have never lost your balance because of dizziness and you have never lost consciousness;

- (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity;

- (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and

- (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of X-ercise.

And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of X-ercise.

SEA Software reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.

You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

COPYRIGHT

You acknowledge and agree that X-ercise (or X-ercise’s licencors) own all legal right, title and interest in and to the X-ercise content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with X-ercise, nothing in these Terms of Service gives you the right to use any of X-ercise’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by X-ercise, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. X-ercise gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by X-ercise as part of the Services as provided to you by X-ercise (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by X-ercise, in the manner permitted by these Terms of Service.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by X-ercise in writing.

Unless X-ercise has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give X-ercise a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling X-ercise to display, distribute and promote the Services.

You agree that this license includes a right for X-ercise to make such content available to other companies, organizations and individuals with whom X-ercise has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.

When posting and sharing routines on the X-ercise routine database, you are confirming the material and content within the routine is of your own original work. The original content must be free of any plagiarism or stolen material to be considered original or of the creator’s design. Each routine submitted is subject to review by the X-ercise Team for any copyright material. If you are using someone else’s copyrighted materials without permission, you are violating the copyright owner’s exclusive rights as well as the violating the routine submission rules for X-ercise. Those who violate routine submission are subject to a ban of their account and the immediate removal of the copyrighted workout routine.

You understand that X-ercise, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit X-ercise to take such actions. You confirm to X-ercise that you have all the rights, power and authority to grant the above license. It is X-ercise’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringes. If you believe that any materials on the X-ercise web site infringe a copyright, please contact us at xercisesapp@gmail.com.