What We Provide

Actifity is a simple and powerful way to share and archive your health and fitness activities through your normal social networking updates or through our direct entry webpage. The beauty of Actifity is in its ability to take your information the way you would normally post it to a social networking site and translate that into a number of attributes useful for your own records. We also provide you with the ability to enter the information from, or publish the information to, other social networking sites.

Please note that any information you post to Actifity (whether directly through our site or via links with other social networking websites) is instantly publicly viewable and you should not submit information that you consider confidential.

Who Our Services Are For

The use of Actifity is available to all persons age 13 and over who agree by these terms of service. It may not be used for purposes not in accordance to local law.

Allowable Content and Use

Actifity is an easy way to share your personal activities, thoughts and comments on others' activities. We want to keep it a safe, fun, friendly place, and that means a few rules. You may NOT:

Rights Reserved

Actifity reserves the right to filter any content posted and remove objectionable posts in its sole discretion without notice. Actifity may also cancel accounts for users who violate the Terms of Service.

Actifity respects your copyright. You retain full copyright of any original content that you send us. By posting to Actifity, you're granting us a license to distribute your content on this site.

To protect your privacy and security, we may take reasonable steps to verify your identity before granting access or making corrections. The main form of identity management is your e-mail address. Please always use a valid and up-to-date e-mail address.

User submissions

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Actifity ("Content") or by other users of Actifity ("User Submissions") to Actifity is owned by the party contributing such content, subject to our rights to display and use such content as provided herein. As a user of Actifity, you are solely responsible for your own User Submissions. By transmitting your User Submissions to the Website by direct entry, from posting on other social networks or otherwise you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Actifity you grant Actifity the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display, produce, aggregate and otherwise use the material in connection with Actifity and Actifity's business, but solely in accordance with these Terms of Use and our Privacy Policy. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Actifity for any claim regarding Actifity's use of your User Submissions.

When using Actifity, you may be exposed to User Submissions from a variety of sources, and Actifity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent or objectionable. You understand that all information publicly posted or privately transmitted through Actifity or on linked pages is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using Actifity. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe.

We do not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

Disclaimers

Our services are provided as-is, and we don't warrant or represent the continued availability of our services, Content or User Submissions. In addition, some or all of our services are currently in 'beta' stage and may contain bugs, errors and mistakes causing the services not to work, or to work other than as intended. We expressly disclaim each and every warranty, implied or express, including without limitation any warrant of merchantability fitness for a particular purpose.

While we have the right to monitor activity and content associated with Actifity, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users to Actifity. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using Actifity, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website. Actifity may also resell third party services or allow third party services to advertise or post on Actifity. These services are provided by another company and Actifity makes no guarantees or warranties on them.

Indemnity

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Actifity, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Actifity; ii) unauthorized access to or alteration of your communications with or through Actifity, or iii) any other matter relating to Actifity. Any business transactions which may arise between users from their use of Actifity are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $10.00.

Trademarks

Actifity, the Actifity logo, and other Actifity logos and names are trademarks of Actifity. You agree not to display or use these trademarks in any manner without our prior written permission. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Use, to contact@actifity.com.

Digital Millennium Copyright Act

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected site so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied
  2. Identify the material that is infringing on the work in item #1. This means the link to a Actifity site with the material on it
  3. Provide your contact information, preferably email and phone number
  4. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

  DMCA Complaints
  Actifity, Inc.
  2200 Kraft Drive
  Blacksburg, VA 24060

  contact@actifity.com

How to Contact Us

Should you have other questions or concerns about these terms of service, please send us e-mail at contact@actifity.com.

Miscellaneous

You will not attempt to reverse engineer, decompile or otherwise reconstruct Actifity's software code, and you agree not to re-face or link to Actifity within a frame in a manner designed to represent or imply that Actifity is your or a third party's product or service. These terms of service and any claims arising out of or related to use of Actifity's website or services shall be governed by the internal laws of the Commonwealth of Virginia (without regard to the choice-of-law or conflict-of-law provisions of any jurisdiction). Any and all such claims shall be heard in the State Courts of Montgomery County, Virginia or the Federal Courts in the Western District of Virginia, which shall be the sole and exclusive venue for litigation arising out of these terms of service or use of Actifity's website or services. You agree to personal and subject matter jurisdiction of such courts and hereby waive any challenge to such jurisdiction based upon forum non conveniens or the like.