FRUIT STREET HEALTH, INC.
b) We reserve the right to change any information, material or content contained on, or provided through the Platform at any time, and from time to time, without notice.
- Usage of the Platform and Service Eligibility
- Notifications and Service Messages
- License Grants
b) You grant to us an irrevocable, royalty-free, fully paid-up and worldwide license to access, collect, store, disclose and use any data, information, records and files that you load, transmit to or enter into the Platform for the purposes of: (1) making available the Platform; (2) developing and improving the Platform; (3) complying with applicable law; and (4) complying with our reasonable audit and data retention policies.
a) All copyright and / or associated rights and / or rights regarding computer programs / software and / or industrial property rights, as well as any others of similar nature, commonly jointly referred to as (“Intellectual Property”), among others, related to all and any product or service, project, technological solution or technical documentation, design work, manuals, databases, simple ideas or know-how, trade secrets, commercial information sales/marketing techniques, regarding the Platform are the exclusive property of Fruit Street.
b) Use in any form, fully or in part, by any person, of anything related to the abovementioned type of intellectual property rights that are the exclusive property of Fruit Street require prior written authorization by Fruit Street.
You will be required to sign up for a user account (the “User Account”) using the available interfaces on the Platform and to provide a valid, working email address and password to access and use the Platform and communicate with others through the Platform. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information”.
Please note that certain information, statements, data, and content (such as photographs) which you may submit to the Platform, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
- User Content Terms
The Platform provides you with the ability to create, upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, personally identifiable information, personal health information, activity tracking, food tracking and sleep tracking), materials, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the services we provide, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that (i) you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to Fruit Street herein, (ii) you will comply with all applicable laws in using the services we provide, and (iii) doing so will not violate any law or infringe upon or violate the rights of any person or entity.
We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Platform by others; therefore, we do not guarantee the accuracy, integrity or quality of any such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using the Platform. Although we reserve the right, Fruit Street has no obligation to monitor the Platform or User Submissions. Fruit Street may edit, modify, suspend or remove any User Submission at any time for any reason in Fruit Street’s sole discretion without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by Fruit Street), or for no reason at all.
Fruit Street disclaims any actual or implied duty to monitor user submissions and specifically disclaims any responsibility or liability for any user submissions or for the quality or accuracy of other information you provide through using the Platform.
In order to use the Platform, you are required to create a public profile, which may contain certain identifying information (such as age, profile photos, location, etc.). It is the responsibility of each user to provide current and accurate information, and Fruit Street does not, and cannot, investigate information contained in member public profiles or guarantee its accuracy. As a result, Fruit Street must assume that information contained in each user public profile is current and accurate. Fruit Street does not represent, warrant or guarantee the currency or accuracy of any information provided by any user and hereby disclaims all responsibility and liability for any information provided by users in connection with their use of the platform. Under no circumstances will fruit street be liable for any user submissions, including but not limited to any errors or omissions in any user submissions or any loss or damages incurred as a result of the use of any user submissions.
Fruit Street does not claim ownership of any content that you post on or through the Platform. Any information that you provide will be secured with industry standard protocols and technology.
- Subscription / Usage Fees
You acknowledge and agree that Fruit Street reserves the right, in its sole discretion, to charge you for and collect fees from you for certain features of the Platform. Fruit Street will provide notice of any fee collection via the Platform prior to implementing such a fee, and you will have a choice at that time to continue to use the Platform or not. If you choose not to pay, Fruit Street reserves the right to immediately terminate your access to the Platform.
- Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, without our prior written permission: (a) use, display, mirror or frame the Platform, or any individual element within the Platform, Fruit Street or Fruit Street’s names, any Fruit Street trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Fruit Street’s express written consent; (b) access, monitor or copy any part of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose; (c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Platform; (e) deep-link to any portion of the Platform for any purpose; (f) remove any watermarks, labels or other legal or proprietary notices included in the Platform; (g) modify or attempt to modify the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (h) use the Platform as part of any service for sharing, lending or multi-person use; (i) attempt to assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform; (k) create adaptations, translations or derivative works based on the Platform, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform; (l) use the Platform in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party.
Specifically regarding content, you agree not to do any of the following: (a) post, upload, publish, submit, or transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (b) take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the images, comments, or contributions to the Platform; (c) post, upload, publish, submit or transmit any content that: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability, (3) is fraudulent, false, misleading, or deceptive, (4) is defamatory, obscene, pornographic, vulgar, or offensive, (5) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (6) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (7) promotes illegal or harmful activities or substances, in each case as determined by our sole discretion; (d) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, from the Platform; (e) use the Platform or any of its content for any commercial purpose or the benefit of any third party or in any manner not permitted by these
- Third Party Websites
- Confidentiality of Communications
We do not guarantee the confidentiality of any communications made by you through the Platform. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from and through the Platform, acknowledge and agree that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with user’s use of the Platform.
- General Disclaimer
Use of the Platform is at your own risk. The Platform is provided “as is” and “as available”. To the extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the platform whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, quality, accuracy, reliability, completeness, currency or timeliness of the platform, or that the Platform is or will be error-free or will operate without interruption.
- Limitation of Liability
a) Fruit Street shall not be held liable under any circumstances, except solely for the liability that results from legal stipulation that cannot be excluded.
b) You agree that the products provided by Fruit Street are made available “in their current status” and “according to availability”, and also accept that not all of the information is provided exhaustively.
c) In the widest sense possible according to the applicable law, Fruit Street denies all guarantees, express or implicit, included, but not limited to, implicit guarantees of marketability and convenience for a specific purpose and does not guarantee that the functions contained are uninterruptedly available or are free of errors, that such defects shall be corrected, or that the webpages or the server that provides these are free of virus or other malicious elements; furthermore, in the widest sense possible according to the applicable law, Fruit Street does not guarantee or make representations regarding the use, or results of the use, or the materials on this webpage, or the products in terms of quality, suitability, precision, reliability, safety, or any other aspects.
d) Fruit Street does not guarantee, in any way, operation and suitability for any use, security, efficacy or approval by domestic or foreign regulatory agencies, and refuses liability for any consequences that may arise from future changes to the law, such as use of the products being forbidden or restrictions on the use of the products.
e) You expressly recognize and accept that the products are used in association with other services which, if these work badly or do not work, may provide wrong data and / or prevent the products from operating correctly and / or for their intended purpose, for which reason they shall expressly waive Fruit Street liability regarding any failures and / or other circumstances that result from the operation of that type of services.
f) Fruit Street shall not be liable for:
i) Losses regarding which you are at fault;
ii) Losses regarding which third parties are at fault; iii) Losses arising from force majeure or act of God;
vi) Any other circumstances under which it is not liable according to the law.
You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, partners, employees, agents, successors and assigns (collectively, the “Fruit Street Indemnitees”) from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including, but not limited to, reasonable legal and accounting fees), claimed against the Fruit Street Indemnitees by third parties relating to:
b) Your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights).
c) Any misrepresentations made to us.
- Proprietary Rights’ Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of Fruit Street used herein are trademarks or registered trademarks of Fruit Street. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Term and Termination
- Geographic Application of the Platform
Not all of the services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law. Fruit Street makes no representation that the Platform is appropriate or available for use in locations outside of the United States, and accessing the Platform is prohibited from territories where such Platform is illegal. If you access the Platform from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws.
- Governing Law and Jurisdiction
- General Provisions
- Contacting Fruit Street
Fruit Street can be contacted at
New York Office:
85 Broad Street, 18th Floor
New York, NY 10004