Community Online Academy Terms of Service
Preface
Given the nature of the Service in which it is run by Next Jump, this Terms of Service shall inherit all clauses that are listed in the Perks At Works Terms of Service, [Document A] as well as making the following additions but not overhauling that in which is previously stated in Document A.
1) Acceptance of Terms of Use
This Web site and the services offered on it (the “Service”) are owned and operated by Next Jump, Inc. and/or Next Jump Limited (collectively, sometimes referred to as “We”, “Us”, or “Next Jump”). Next Jump, Inc., is registered in the State of Delaware, United States of America, and has a registered office and main trading address at 261 Fifth Avenue, New York, NY 10016. Next Jump Ltd is registered in England and Wales under company number 06156435 and with a registered office and main trading address at 91 Waterloo Road, London, SE1 8RT. To contact us, please use the Contact Us page. The Service is provided to you pursuant to the terms and conditions of this Terms of Use and any operating rules or policies that may be published by Next Jump, as may be amended from time to time (collectively, the “Agreements”). BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS.
2) Eligibility
This website is not available to (A) Any users previously suspended or removed by Next Jump or (B) Any persons under the age of 13 who is accessing any of the content provided by the Service without being approved by a legal parent or guardian.
3) Privacy
As part of the Service registration process, You will provide certain personal information to Us. Your personal information will only be used in accordance with our Privacy Policy. We reserve the right to, but we are not obligated to, inform You by email of changes or additions to the Service.
4) Prohibited Content
You agree not to
4.1 use the Service for any commercial use or purpose unless expressly permitted by Next Jump in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
4.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
4.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
4.5 use the Service in any manner that is harmful to minors
4.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, or perform any other fraudulent activity;
4.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
4.8 use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
4.9 defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
4.10 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
4.11 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Next Jump herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
4.12 intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
And by doing any of these listed 4.1- 4.12, Next Jump reserves the right to terminate your account with immediate effect.
5) Limitation of Liability and Damages
5.1 Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will Next Jump or the Next Jump parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if Next Jump has been advised of the possibility of such damages arising out of or relating (i) to the terms; (ii) Any other interactions with the Service or any third-party through or in connection with the Services offerings, including other users,. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Next Jump’s liability will be limited to the fullest extent permitted by applicable law.
WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
Members who make use of Community Online Academy understand, agree, and acknowledge that they are using this site and classes at their own risk. Next Jump, Inc. (the COA provider) and your organization cannot in any case be held or made responsible for any form of direct or indirect consequences that may result from activities in COA or any class recordings.
You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when participating in Perks at Work’s Community Online Academy (COA), owned and operated by Next Jump, Inc. and/or Next Jump Limited, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for Perks at Work to permit you to participate in COA activities and/or classes, to use COA recommended Equipment, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold Perks at Work, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors (collectively “Perks at Work Parties”) harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any COA Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you may have (or that accrue to you) against any COA Party, and generally release and discharge the COA Parties from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised fitness activities, (ii) use of any fitness equipment, including COA recommended Equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of COA sessions, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any COA Party in any matter that in any way relates to any Claims.