The application Zaksy Workouts (the “App”) is provided by Upstate Media Inc. (the “Company”).
Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
About The App
The App allows users to create stories from templates using their photo and video content (“User Content”). These stories can be exported for sharing on other platforms.
Also, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS) and Google (for Android) (our “Billing Service Providers”). We may also offer subscriptions, which can also be paid via Apple and Google.
You can find the information about paid Services here.
You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment methods. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service and otherwise manage your account using the App.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.
Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before the Company starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.
If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for any unused portion of a month (or another period) for which you have already paid.
No refunds are offered for any products or services offered via the App.
YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.
Content And Restrictions
You may provide text, images, videos and/or other material, including third party content that you share using the App.
Your User Content belongs to you. By publicly sharing any User Content, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Unfold a royalty-free, sub-licensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly display, and make derivative works of User Content that you process via the App, without any further consent, notice and/or compensation to you or others.
Other users may access and share your User Content if you share it via, for example, social media platforms such as Instagram.
If you wish to remove your User Content from the App, simply delete it from the App, or delete the App from your device.
You are solely responsible for the User Content that you make available via the App or otherwise. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
By transmitting and submitting any User Content while using the App, you agree as follows:
- You are solely responsible for the activity that occurs while using the App;
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content.
You need to be at least 13 years old to use the App.
Your permission to use the App is conditioned upon the following restrictions and conditions.
You agree that you will not:
- attempt to decipher, reverse engineer, decompile, or disassemble any portion of the App or the software used to provide the Service;
- use, display, mirror or frame the App or any individual element within the App, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent;
- attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure (including watermarks) implemented by Company or any of Company’s providers or any other third party (including another user) to protect the App;
- remove any copyright or other proprietary notices from materials provided within the App;
- use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
- use the App in any manner not permitted by these Terms;
- impersonate or misrepresent your affiliation with any person or entity;
- use the App for any unlawful purpose or for the promotion of illegal activities;
- use the App to attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- interfere or attempt to interfere with the proper functioning of the App;
- make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- use the App to post content that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other intellectual property right violations;
- use the App in a manner which would or would likely incite, promote or support discrimination or incite or promote hostility or violence;
- publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or
- encourage or enable any other individual to do any of the foregoing.
Monitoring And Compliance
Although the Company is not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable your access to the App, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content you upload in connection with the App to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Except as expressly provided in these Terms, no part of the App and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
The Company reserves all rights that are not expressly granted to you under these Terms.
Contributions To Company
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Company through its website, email, or social media accounts, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Company without any obligation of Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using the App. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted using the App.
THE APP AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED VIA THE APP OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation Of Damages – Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICE; (C) THE APP OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in New York City, New York.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event if you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
Notice For California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Information about our fees is here. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
For More Information
You can learn more by visiting our website at https://app.zaksy.com.
Your Agreement To The Terms