Body Breakthrough provides a personalized subscription service that allows our members to access fitness and nutrition videos ("Body Breakthrough content") streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Body Breakthrough ready devices").
These Terms of Use govern your use of our service. As used in these Terms of Use, "Body Breakthrough service", "our service" or "the service" means the personalized service provided by Body Breakthrough for discovering and watching Body Breakthrough content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
Your Body Breakthrough membership will continue month-to-month until terminated. To use the Body Breakthrough service you must have Internet access and a Body Breakthrough ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Body Breakthrough membership by visiting our website http://www.bodybt.com and clicking on "Account"available at the top of the page of the Body Breakthrough website.
2.1 Billing Cycle－The membership fee for the Body Breakthrough service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged a single time based upon the subscription level selected. Upon expiration of the subscription, you will have the option to new the subscription.
Visit our website and click on the "Billing details" link on the "Account" page to see your payment details. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
2.2 Payment Methods－To use the Body Breakthrough service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.3 Cancellation－You can cancel your Body Breakthrough membership at any time, and you will continue to have access to the Body Breakthrough service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Body Breakthrough content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Body Breakthrough using your account with an Apple device, you may go to your Profile section and see how many days that you have remaining for your membership.
2.4 Changes to the Price and Subscription Plans－We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
3.1－The Body Breakthrough service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Body Breakthrough membership we grant you a limited, non-exclusive, non-transferable right to access the Body Breakthrough service and view Body Breakthrough content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3.2－You agree to use the Body Breakthrough service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Body Breakthrough service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Body Breakthrough service; use any robot, spider, scraper or other automated means to access the Body Breakthrough service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Body Breakthrough service; insert any code or product or manipulate the content of the Body Breakthrough service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Body Breakthrough service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
3.3－The quality of the display of the Body Breakthrough content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Body Breakthrough content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Body Breakthrough ready device.
3.4－Body Breakthrough software is developed by, or for, Body Breakthrough and is designed to enable viewing of Body Breakthrough content through Body Breakthrough ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Body Breakthrough and related third-party software.
The member who created the Body Breakthrough account and whose Payment Method is charged (the "Account Owner") has access and control over the Body Breakthrough account and the Body Breakthrough ready devices that are used to access our service and is responsible for any activity that occurs through the Body Breakthrough account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Body Breakthrough ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Body Breakthrough or our partners from identity theft or other fraudulent activity.
The Body Breakthrough service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BODY BREAKTHROUGH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Body Breakthrough agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
7.1 Governing Law－These Terms of Use shall be governed by and construed in accordance with the laws of China.
7.2 Unsolicited Materials－Body Breakthrough does not accept unsolicited materials or ideas for Body Breakthrough content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Body Breakthrough.
7.3 Customer Support－To find more information about our service and its features or if you need assistance with your account, please contact us on our Body Breakthrough website at http://www.bodybt.com.
7.4 Changes to Terms of Use and Assignment－Body Breakthrough may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.