Terms of Use

Last Updated: May 2, 2011

Important

PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use" or the "Agreement") BEFORE USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Blendist LLC ("Blendist", "we", "our", or "us") owns or controls, and provides users ("Users") access to the web pages located at jog.fm, and the associated subdomains including but not limited to walk.jog.fm, cycle.jog.fm, and ride.jog.fm (the "Website"), and all proprietary services, software, mobile applications, data and materials accessed via the Website (the "Services"). The Website and the Services are referred to together in these Terms of Use as the "Properties".

These Terms of Use apply to the Properties and not to any other website or any offline activities of Blendist or jog.fm (unless specifically stated). By accessing or using the Properties, registering for or receiving Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website, you agree to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE THE PROPERTIES.

The materials contained in the Properties are protected by applicable copyright and trademark law.

1. Disclaimer

DO NOT, UNDER ANY CIRCUMSTANCES, USE HEADPHONES, LISTEN TO MUSIC, OR USE ANY OF THE PROPERTIES WHILE RUNNING, WALKING, CYCLING, OR PERFORMING ANY OTHER ACTIVITY IN OR AROUND TRAFFIC. BLENDIST IS NOT RESPONSIBLE FOR THOSE WHO IGNORE OR DISOBEY THIS DISCLAIMER.

Please be sure that you are healthy enough to participate in physical exercise. All physical exercise carries the risk of injury or other harm; always check with your physician before starting a new exercise program. By using the Properties, you certify that: (i) you are physically sound and have medical approval to proceed with a normal routine of exercise and that (ii) you are in good health and do not have any physical conditions that would be aggravated by exercise.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLENDIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BLENDIST DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE PROPERTIES AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PROPERTIES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE PROPERTIES OR ANY PORTION THEREOF, (D) YOUR USE OF THE PROPERTIES, OR (E) YOUR USE OF ANY SOFTWARE, EQUIPMENT, RECOMMENDATIONS, OR ANY OTHER INFORMATION IN CONNECTION WITH THE PROPERTIES.

BLENDIST MAKES NO WARRANTY THAT (i) THE PROPERTIES WILL MEET YOUR REQUIREMENTS, (ii) THE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROPERTIES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLENDIST OR THROUGH OR FROM THE PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

2. Revisions and Errata

The materials appearing on the Properties could include technical, typographical, or photographic errors. Blendist does not warrant that any of the materials on its web site are accurate, complete, or current. Blendist may make changes to the materials contained on its web site at any time without notice. Blendist does not, however, make any commitment to update the materials.

We reserve the right to add, delete, change or modify parts of these Terms of Use at any time without notice to you. We will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Properties constitutes your acceptance of the new Terms of Use.

3. Use License

The past, present and future content of the Properties, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the "look and feel" of the Properties (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Blendist, its subsidiaries, affiliates, or its licensors. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Blendist, no rights (either by implication or otherwise) in or to the Content are granted to you.

Permission is granted to temporarily use the Properties for personal, non-commercial transitory viewing only. Under this license, except with the express written consent of Blendist, you may not:

i. modify or copy the materials;

ii. download (other than page caching) or modify the Properties, or any portion of it;

iii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iv. attempt to decompile or reverse engineer the Properties, or any portion of it;

v. attempt to use any automated script, program, and or mechanism to collect, scrape, retrieve, and or gather any information and or Content from the Properties;

vi. remove any copyright or other proprietary notations from the materials; or

vii. transfer the materials to another person or "mirror" the materials on any other server.

Illegal and/or unauthorized use of the Properties, including collecting usernames, email addresses or Content by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Properties or other illegal purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Blendist will take appropriate legal action for any illegal or unauthorized use of the Properties. The Properties or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Blendist. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of Blendist and our affiliates or other Users. Any unauthorized use terminates the permission or license granted by Blendist. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Properties so long as the link does not portray Blendist, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Blendist logo, jog.fm logo, or other proprietary graphic or trademark as part of the link without express written permission.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Blendist at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Limitations

In no event shall Blendist, its affiliates, or their products or services be liable for any loss, injury, claim, liability, or damage (including, without limitation, damages for loss of data or profit, or due to business interruption) resulting from the use or inability to use the materials on the Properties, even if Blendist or a Blendist authorized representative has been notified orally or in writing of the possibility of such damage.

5. Links

Blendist has not reviewed all of the sites linked to in the Properties and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blendist of the site. Use of any such linked web site is at the user's own risk.

6. Privacy

Your privacy is very important to Blendist. Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

7. Account, Password, Security

You will receive a password and account designation upon completing the registration process of the Properties. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

i. immediately notify Blendist of any unauthorized use of your password or account or any other breach of security, and

ii. ensure that you exit from your account at the end of each session. Blendist cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

8. Governing Law

Any claim relating to the Properties shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Blendist agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any software or data.

8. Notice

Except as explicitly stated otherwise, any notices to Blendist shall be sent by certified mail, return receipt requested, to Blendist LLC, 102 Commercial Street. Unit 3 Boston, MA 02109, Attn: Legal Department. Notice shall be deemed given three (3) days after the date of mailing.

9. Copyright Infringement

Blendist respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Blendist's copyright agent with the following information ("Notice"):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a hyperlink to the material that you claim is infringing on the Properties.

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any Notice of claims of copyright or other intellectual property infringement must be sent to Blendist at:

Matt Venables
Attn: Copyright Agent, Legal Department
102 Commercial Street
Unit 3 Boston, MA 02109
Email: legal@jog.fm

Please note that this procedure is exclusively for notifying Blendist and its affiliates that your copyrighted material has been infringed.

10. General

This Agreement along with the Privacy Policy and any additional terms, rules or regulations posted on the Properties constitute the entire agreement between you and Blendist and govern your use of the Properties, superseding any prior agreements between you and Blendist. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of Blendist to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Properties or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.