You must be at least 13 years old to use the Service (16 years old if in EU due to GDPR)
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, KARA Smart Fitness prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to KARA Smart Fitness upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other KARA Smart Fitness users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or KARA Smart Fitness.
You must not access KARA Smart Fitness' private API by means other than those permitted by KARA Smart Fitness.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any KARA Smart Fitness users.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any KARA Smart Fitness page is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your KARA Smart Fitness account by using our deactivation services. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that KARA Smart Fitness is not responsible or liable for the conduct of any user. KARA Smart Fitness reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. KARA Smart Fitness does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that KARA Smart Fitness is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if KARA Smart Fitness has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the KARA Smart Fitness Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means.
You retain your rights to any Content you submit, post or display on or through the Services.
In the future, some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that KARA Smart Fitness may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change.
The Service contains content owned or licensed by KARA Smart Fitness (“KARA Smart Fitness Content”). KARA Smart Fitness Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and KARA Smart Fitness, KARA Smart Fitness owns and retains all rights in the KARA Smart Fitness Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the KARA Smart Fitness Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the KARA Smart Fitness Content.
The KARA Smart Fitness name and logo are trademarks of KARA Smart Fitness, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KARA Smart Fitness. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of KARA Smart Fitness, and may not be copied, imitated or used, in whole or in part, without prior written permission from KARA Smart Fitness.
Although it is KARA Smart Fitness' intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, KARA Smart Fitness reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by KARA Smart Fitness, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. KARA Smart Fitness is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. KARA Smart Fitness will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Reporting Copyright and Other IP Violations
We respect other people’s rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, KARA SMART FITNESS CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KARA SMART FITNESS NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “KARA SMART FITNESS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE KARA SMART FITNESS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO KARA SMART FITNESS OR VIA THE SERVICE. IN ADDITION, THE KARA SMART FITNESS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE KARA SMART FITNESS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE KARA SMART FITNESS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE KARA SMART FITNESS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE KARA SMART FITNESS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE KARA SMART FITNESS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE KARA SMART FITNESS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, KARA SMART FITNESS, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KARA SMART FITNESS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE KARA Smart Fitness PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE KARA SMART FITNESS PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
KARA SMART FITNESS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Upon our request, you agree to indemnify, defend and hold Our Parties, their licensors, vendors, contractors, and content providers harmless (including, without limitation, all damages, liabilities, settlements and expenses, including attorneys’ fees and costs) from any claim or demand made by any third party arising out of your use or misuse of the Applications, your breach of any term, condition, obligation, representation or warranty in the Terms for which you are responsible, in connection with your distribution of any User Content on or through the Applications, or your infringement of any intellectual property or other rights of any person or entity. Without limiting the generality of the foregoing, you agree to indemnify and hold Our Parties harmless for any illegal or improper use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use. You agree that you will be personally responsible for your use of the Applications and for all of your communication and activity on or through the Applications, including any User Content you contribute, and that you will indemnify and hold harmless Our Parties from any liability or damages arising from your conduct on the Applications, including any User Content that you contribute.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You acknowledge and agree that the provisions in this Section shall survive any termination of your account(s), the Applications or the Terms.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with KARA Smart Fitness must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Fees And Payment
All applicable fees, as described on the Applications, in relation to the Applications selected by you, shall be paid by you. Upon providing notice to you (which may be through email or posting on the Applications), we reserve our rights to adjust our price list for the Applications and to charge new fees at any time. Your use of the Applications after such notification deemed your acceptance of such new or increased charges. Some of our Applications are free to our users, and we reserve our rights to require payment of fees for certain or all parts of such Applications.
If a dispute arises between you and us, we shall provide you with a cost-effective and neutral means of resolving the dispute quickly. Both we and you agree that we will resolve any dispute, claim or controversy at law or equity that arises out of the Terms or the Applications (a “Dispute”) in accordance with this Section or as we and you otherwise agree in writing.
The Terms and all aspects of the Applications shall be governed by and construed in accordance with Hong Kong laws (excluding principles relating to the conflict of laws) regardless of your location. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set out below), you agree that you will not commence or prosecute any action in connection therewith other than in the Hong Kong courts, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum nonconveniens with respect to, venue and jurisdiction in the Hong Kong courts.
It is acknowledged and agreed by you that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which will cause us irreparable harm and which cannot be readily remedied in monetary damages in an action at law. Accordingly, any of your breach or anticipatory breach shall entitle us, in addition to any claim or award for damages, injunctive relief and other equitable remedies (without the obligations of posting any bond or surety or proof of damages), costs, and reasonable attorney’s fees. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages, if any.
To control the cost of any Dispute and expedite resolution, we and you agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 15.6) informally for at least thirty (30) calendar days before initiating any court or arbitration proceeding. Such informal negotiations commence upon written notice from one party to the other.
If we and you cannot resolve a Dispute through informal negotiations, either party may elect to resolve the Dispute (except those Disputes expressly excluded in Section 15.6) finally and exclusively by binding arbitration under the UNCITRAL Arbitration Rules, which Rules are deemed to be incorporated by reference into this Section. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be in Hong Kong at the Hong Kong International Arbitration Centre. The language to be used in the arbitral proceedings shall be English. The number of arbitrators shall be one. We and you shall be bound by the award rendered by the arbitrator and judgment thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrator shall be final, and neither we nor you shall have any right of appeal.
We and you agree that the following Disputes are not subject to the above provisions concerning informal negotiations and arbitration:
any Disputes relating to, or arising from, allegations of invasion of privacy, piracy, unauthorised use or theft;
any Disputes seeking to protect or enforce, or concerning the validity of, any of our or your intellectual property rights; and
any claim for injunctive relief.
We operate and control the Applications from our offices in Hong Kong. We do not represent that the Applications are appropriate or available in other locations. The information provided through the Applications is not intended for distribution to or use by any person or entity in any country or jurisdiction where such distribution or use would be prohibited by law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Applications from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms are effective until terminated by either party. You may terminate the Terms by destroying all Applications-related materials obtained from the Applications, us or any other website or source. If, in our sole and absolute discretion, you fail to comply with any term or provision of the Terms, the rights granted to you under the Terms will terminate immediately and automatically without notice from us.
Any failure on our part to exercise or to enforce any right given under the Terms or at law or any of our custom or practice at variance with the terms of the Terms will not constitute a waiver of our rights under the Terms or operate so as to prevent the exercise or enforcement of any such right at any time. No right, power or remedy in the Terms conferred upon or reserved for us is exclusive of any other right, power or remedy available to us.
Your use of the Applications includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to be paid for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into in or through the Applications.
If any provision of the Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with the Terms.
The Terms, any supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding between you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, written or oral, or whether established by practice, custom, policy or precedent, between you and us with respect to the Applications, and cannot be changed or amended by you except as we posted on the relevant website.
We may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and the Terms.
The section headings used herein are for reference only and shall not be read to have any legal effect.