FitFetti Terms of Service
Last Updated September 7, 2017
Welcome to FitFetti! The Services, including the FitFetti mobile application ('App') are owned and operated by FitFetti, Inc., its subsidiaries and its corporate affiliates (hereafter 'us', 'we', or 'Fitfetti'). The 'Services' include the Fitfetti App, the website located at
The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or in any App or that may otherwise be published by FitFetti on the Site from time to time (collectively, Policies).
Agreement to Terms
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE 'ARBITRATION' SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FITFETTI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Use of the Services.
You may use the Services only if you are at least 18 years of age and capable of forming a binding contract with FitFetti and are not barred from using the Services under applicable law.
Registration and Your Information.
In order to use certain features of the Services you will have to create an account ('Account'). You can do this via the App. You agree to provide accurate and truthful information in accordance with your identity, including name, email address, username, profile picture, and profile description. You will be solely responsible for safeguarding your Account information and for all activity that occurs under your Account. In order to receive Sponsorship Payouts, you must provide the email address associated with your PayPal account. It is important that you provide us with accurate, complete and up-to-date information for your Account and your PayPal Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your Account, which we reserve the right to do at any time without notice. To contest the closure of an Account, please contact FitFetti Customer Service. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You may also elect to provide access information related to your accounts at social networking sites (such as, for example, Facebook); and in order to obtain certain services, you will be required to provide detailed information about your Authorized Payment Method for billing purposes. Clients shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Multiple Service accounts are prohibited. Any individual user may only register for and maintain one (1) Service account, and each Service account may be associated with only one Authorized Payment Method and one PayPal account to receive Sponsorship Payouts.
You agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, except as otherwise permitted herein, you agree not to provide/post/authorize a link to any of the Services from a third-party website.
Communications from FitFetti.
By participating in certain Services you acknowledge that we reserve the right to contact you at any time. In addition, you will automatically receive certain messages related to Services activity. We default to opt-in. You may control your notifications preferences from the Site or App or mobile phone settings and opt-out or (or opt back into) messaging at any time.
Restrictions and Additional Terms.
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. Further, you agree not to:
Post, upload, publish, submit or transmit any Submissions (as defined below) or any other content, material, or data that: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, shaming, bullying, or physical or emotional harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, FitFetti’s name, any FitFetti trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FitFetti’s express written consent;
Access, tamper with, or use non-public areas of the Services, FitFetti’s computer systems, or the technical delivery systems of FitFetti’s providers;
Attempt to probe, scan or test the vulnerability of any FitFetti’s system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FitFetti or any of FitFetti’s providers or any other third-party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FitFetti or other generally available third-party web browsers;
Use any meta tags or other hidden text or metadata utilizing a FitFetti trademark, logo URL or product name without FitFetti’s express written consent;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Violate any applicable law or regulation;
Use the Services in any way that is unlawful, or harms FitFetti, its service providers, suppliers or any other user;
Distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
Impersonate another person or misrepresent your affiliation with another person or entity;
Use the Services for any fraudulent purpose;
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services;
Use this Site or its contents for any commercial purpose except as expressly permitted herein;
Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
'Frame', 'mirror' or otherwise incorporate any part of this Site into any other website without our prior written authorization;
Deep—link to any portion of this Site for any purpose without our express written permission;
Use automated scripts to collect information from or otherwise interact with the Services;
Register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
Upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third-party, including, addresses, phone numbers, email addresses, Social Security Numbers, and credit card numbers;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Intimidate, bully, shame, or harass other Users;
Upload, post, transmit, share, store, or otherwise input any false or misleading content or data with the intent of cheating or subverting the intended Services;
Use or attempt to use another's account, service, or system without authorization from FitFetti, or create a false identity on the Services; or
Encourage or enable any other individual to do any of the foregoing.
Materials You Provide; Account Use; Privacy; Third-party Web Sites.
Rights in App Granted by FitFetti.
Your use of the Services may be subject to your payment of the applicable fees. If you use any such paid Services, you must specify a verified account with one of FitFetti’s PCI-compliant payment processors (for example, PayPal) (the 'Payment Processor') that will be used to make payments to FitFetti (the 'Authorized Payment Method'). FitFetti does not itself see or store any of your credit card details. In the future, FitFetti may discontinue supporting any particular Payment Processor, or it may support additional Payment Processors. Unless specified otherwise, all amounts payable hereunder shall be paid when due in US dollars, in immediately available funds by the Authorized Payment Method that you specified, in full without set-off, counterclaim or deduction. Use of the third-party payment processor is subject to such payment processor’s terms and conditions. IN THE EVENT OF A DISPUTED CHARGE, YOU SHOULD CONTACT FITFETTI FIRST AND ATTEMPT TO RESOLVE THE MATTER WITH OUR CUSTOMER SERVICE REPRESENTATIVES, WHO CAN BE REACHED AT
. FAILURE TO FIRST CONTACT CUSTOMER SERVICES BY DIRECTLY CONTACTING THE PAYMENT PROCESSOR MAY RESULT IN A LOSS OF APP PRIVILEGES. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon the payee's net income).
Your use of the Services may include the purchase or receipt of Sponsorships. Sponsorships must be earned, in entirety, within one hundred forty (140) days of the Sponsorship purchase date. After one hundred forty (140) days, any remaining, unearned Sponsorship dollars are forfeited by both the purchaser of the Sponsorship and the recipient of the Sponsorship. Once a Sponsorship is earned, Sponsorship Payouts must be collected by the recipient of the Sponsorship within thirty (30) days via PayPal. After thirty (30) days, any unclaimed Sponsorship dollars are forfeited by both the purchaser of the Sponsorship and the recipient.
All refund requests must be made by you to Customer Service at
within thirty (30) days after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Service, we reserve the right to suspend your Account indefinitely, until the dispute is resolved.
Linked Materials and Third-Party Materials.
The Services include links to third-party products, services and websites, as well as materials provided by third parties, including photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content ('Third-party Content'). FitFetti does not endorse, and takes no responsibility for such web sites, and Third-party Content. You understand that FitFetti has no obligation to, and generally does not, approve or monitor Third-party Content provided by third parties through the Services. Your dealings with any third-party arising in connection with the Services are solely between you and such third-party, and FitFetti takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. If you decide to leave the Site or the App and access a Third-Party website or to use or install any Third-Party application, software, or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or App or relating to any applications you use or install from the Site or App. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied. You are solely responsible for your interactions with other FitFetti users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.
Claims of Copyright Infringement.
FitFetti respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify FitFetti’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent by email to
If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
We may terminate your access to or use of all or any part of the Service (including without limitation, any App) at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Service registration and account, email
The Services, including the Site and the App are the property of FitFetti, and subject to the intellectual property rights of FitFetti and its licensors. FitFetti is a registered trademark of FitFetti in the United States and/or other countries. You may not use any of FitFetti’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NO WARRANTY. FITFETTI PROVIDES THE SERVICES 'AS IS,' 'WITH ALL FAULTS' AND 'AS AVAILABLE,' AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITFETTI AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. FITFETTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. FitFetti makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws. FitFetti is not responsible or liable in any manner for any Submission or Third-party Content posted on or accessible through the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Services and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Services or in connection with any Submissions or Third-party Content. The Company is not responsible for the conduct, whether online or offline, of any user.
You release FitFetti, its Affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third-party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, 'A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.'
In accordance with the Digital Millennium Copyright Act ('DMCA') and other applicable law, FitFetti has adopted a policy of terminating, in appropriate circumstances and at FitFetti’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
FitFetti welcomes feedback, comments and suggestions for improvements to the Services ('Feedback'). You can submit Feedback by emailing us at
. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
. If we are not able to resolve your Claims within sixty (60) days, you may seek relief through arbitration or in small claims court, as set forth below.
Agreement to Arbitrate.
FitFetti, Inc. Ⓒ
FitFetti, Inc. © 2016-20
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