ACCEPTANCE OF TERMS
The web pages and web application available through thinjoy.com and all linked pages (“Site”), are owned and operated by thinjoy, inc. (“thinjoy”), a Pennsylvania corporation and is accessed by you under the Terms of Service described below (“Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE VERY CAREFULLY BEFORE SUBSCRIBING, SIGNING IN, OR USING THESE SERVICES. BY SUBSCRIBING, SIGNING IN, ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR CONTENT OR SERVICES (AS DEFINED BELOW) ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE, SUBSCRIBE TO THE SITE, SIGN IN OR USE THE CONTENT OR ANY SERVICES IN THE SITE. THINJOY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY THINJOY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF SERVICE
thinjoy reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, thinjoy will notify users by sending an announcement via email. What constitutes a “material change” will be determined at thinjoy’s sole discretion, in good faith and using common sense and reasonable judgment. You will be responsible for reviewing and becoming familiar with any such modifications. Use of Services by you following such notification constitutes your acceptance of the new and changed terms and conditions of the Terms of Service.
DESCRIPTION OF SERVICE
thinjoy is an online subscription service providing its subscribers and other users (“users”) with access to a comprehensive library of health information, communication tools, wikis, weight loss applications, tracking tools and other software (“Service”). Through the Service and Site, users gain access to health information, text, pictures, and other media provided by thinjoy and by other thinjoy users (“Content”). Service is described further in the “Features” section included in the Terms of Service. thinjoy offers one subscription plan, and may offer for certain users at its sole and absolute discretion several promotional plans that offer free use or a reduced entry fee for a short period of time. Under all plans users gain access to the Site, Service and Content contained therein.
thinjoy reserves the right at our sole and absolute discretion to make changes from time to time and without notice in how we operate our Service. thinjoy may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or Content. thinjoy may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition of using Service and the Site, you are required to register with thinjoy and select a password and username. You shall provide thinjoy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of thinjoy membership. You may not (i) select or use as a thinjoy username a name of another person with the intent to impersonate that person. (ii) use as a thinjoy username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a thinjoy username that is offensive, vulgar, or obscene, in English or any other language. thinjoy reserves the right to refuse the registration of, or cancel a thinjoy username in its discretion. You shall be responsible for maintaining the confidentiality of your thinjoy password.
Services are available only to individuals who are at least 18 years of age, whether acting on their own behalf or as an authorized employee or representative of a corporation or other entity. If you do not so qualify, do not attempt to register for or use the Services.
MEMBERSHIP & BILLING
Free Trials
thinjoy may encourage the use of its Service through free trials. Free trials last for varying amounts of time as stated during registration. To view the specific details of your free trial click on billing information inside the thinjoy web application.
Free trials are only available to certain users and may not be available at all times. Upon registering for your free trial you may enter a valid credit card or debit card (“Payment Method”) or you may wait until the end of the free trial period. No charges will be made until the end of the free trial period to your Payment Method. If you have entered your Payment Method and have not cancelled your subscription (in the “Private Setting” section of “Account” in the web application) you will automatically be charged at the end of the free trial period. If you entered your Payment Method at the beginning of the free trial period and would like to cancel your subscription before the end of the free trial period, YOU MUST CANCEL PRIOR TO THE END OF THE FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. To cancel, click on “Account” in the navigation bar at the top right of the web application and the click on the “private settings” icon, then click on the “Cancel Subscription” button at the middle of the page. We will continue to bill your Payment Method on a quarterly basis for your subscription until you cancel. You may cancel your subscription at anytime. We reserve the right to modify, terminate or otherwise amend our offered subscription plan. Unless otherwise stated differently, quarterly refers to your billing cycle.
If you have not entered your Payment Method and the free trial period has ended you will be refused access to the Service until you enter your Payment Method.
Billing
By starting your thinjoy membership, you are expressly agreeing that we are authorized to charge an initial sign up fee and a quarterly subscription fee and any applicable tax and any other charges you may incur in connection with your use of the thinjoy Service to the Payment Method you provided during registration or in the web application (or to a different Payment Method if you changed your account information). As used in these Terms of Service, “Billing” shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be Billed at the beginning of your subscription and on each quarterly renewal thereafter unless and until you cancel your subscription. Click on “Account” in the navigation panel and then click on the “billing history” to see the commencement date for your next renewal period. We will automatically Bill your Payment Method each quarter corresponding to the commencement of your membership. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on “Account” in the navigation panel and then clicking on the “Private Settings” icon “Update Billing” button. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Subscription
Your thinjoy membership will continue in effect unless, and until, you cancel your subscription or we terminate it. You must cancel your subscription before it renews each quarter in order to avoid Billing of the next quarter’s subscription fees to your Payment Method. We will Bill the quarterly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account).
Cancellation
You may cancel your subscription to thinjoy at anytime, and cancellation will be effective at the end of the paid subscription period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel, click on “Account” in the navigation bar at the top right of the web application and click on the “Private Settings” icon, then click on the “Cancel Subscription” button at the middle of the page.
We reserve the right to terminate your account for any or no reason.
FEATURES
Food Log/Body Log
The food log allows users to track all the food that they eat. Users log food by searching thinjoy’s food database and adding selected foods and amount into the thinjoy system. A user’s food log entries are saved so the user can monitor their eating patterns. The body log allows users to weigh in and keep track of their weight and waist circumference so that they can monitor progress.
BY USING THE FOOD LOG FEATURE, THE BODY LOG FEATURE & ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO BE STORED BY THINJOY. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE STORED BY THINJOY DO NOT USE THE FOOD LOG, BODY LOG AND ALL RELATED FEATURES.
Library/ Wiki
The library feature contains recommended reading that was created by thinjoy, in this section users can read articles that include health information and other information related to weight loss. The library also contains an open wiki that allows users to edit and create their own articles related to health and weight loss. While all users do not have to take part in the creation of wiki content, all users will have access to the wiki content.
BY USING THE LIBRARY’S WIKI FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL RIGHTS FOR CONTENT SUBMITTED (WHICH INCLUDES BUT IS NOT LIMITED TO EDITING, CREATING A NEW STUB , AND ADDING TO AN EXISTING ARTICLE) TO THINJOY.
Strategies
The strategies feature allows users to create and share strategies related to health and weight loss. The strategies feature is set up the same way as an open wiki. This allows users to create new strategies and edit existing ones. Users can also add strategies to their profile to share with other users which strategies they intend to follow.
BY USING THE STRATEGIES FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL CONTENT SUBMITTED (WHICH INCLUDES BUT IS NOT LIMITED TO EDITING, CREATING A NEW STRATEGY, AND ADDING TO AN EXISTING STRATEGY) TO THINJOY.
Community Features
The community features allows users to make friends in the thinjoy system. The users can share information with friends such as strategies, access to their food log, and body log, and can send them health articles and other reading from recommended reading and the wiki system.
BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE THINJOY COMMUNITY, THINJOY SUBSCRIBERS, AND OTHER VISITERS TO THE THINJOY WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES.
Use of all the features is for your personal, Non-commercial use and is at your own option and risk.
There are different community elements built into all features on thinjoy. Each with its own degree of associated information and sharing features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
CONTENT POSTED TO SITE
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, texts, logs, information, listings, ideas and other content that you upload, publish or display (“post”) through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share Content on the Site or Service that you did not create or that you do not have permission to submit. You understand and agree that thinjoy may, but is not obligated to, review the Site and may delete or remove, without notice, any Content in its sole discretion, which might be offensive, illegal, or that may violate rights, harm, or threaten the safety of users. You agree to indemnify thinjoy and its directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these terms described in this document.
When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of Content on the Site. By Posting Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to thinjoy an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license, to use copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose commercial or otherwise, on or in connection with the Site, to prepare derivative works of, or incorporate into other works, such Content.
USER CONDUCT
As a condition of use you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by thinjoy.
By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate, or intimidate other thinjoy users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law of right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any thinjoy user;
5. to create or submit any unwanted email (“Spam”) to any other thinjoy user;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to post information or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs, or products;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass any measures we may use to prevent or restrict access to the Site;
9. to advertise to, or solicit, any user to buy or sell products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
10. attempt to impersonate another user or person;
11. sell or otherwise transfer your profile or membership.
thinjoy may remove any Content and thinjoy accounts at any time for any reason . To report Terms of Service abuse please email: termsabuse@thinjoy.com
You are solely responsible for your interactions with other users of the Site. Thinjoy reserves the right, but has no obligation, to monitor disputes between you and other users.
COPYRIGHT COMPLAINTS
thinjoy respects the intellectual property of others. It is thinjoy’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. thinjoy will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, thinjoy may act expeditiously to remove or disable access to any material or activity that is claimed to be infringing. thinjoy will terminate access to users who are repeat infringers.
Notifying thinjoy of Copyright Infringement:
To provide thinjoy notice of infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of dmca@thinjoy.com that sets forth the information specified by the DMCA.
Your written notice must:
(a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow thinjoy and its agents to locate that material; (d) contain adequate information by which thinjoy and its agents can contact you (including postal address, telephone number, and email address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send any notices or inquiries unrelated to alleged copyright infringement to the above stated electronic mail address.
Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing on your copyright.
Providing thinjoy with Counter-Notification:
If we remove or disable access to content in response to an infringement notice, we will contact you (if you were the user who posted the content). If you feel that your material does not constitute infringement, you may provide thinjoy with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at dmca@thinjoy.com that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
HEALTH DISCLAIMER
thinjoy’s Site, Service, and Content, are intended only to assist users in their personal weight loss efforts. The contents of the thinjoy Site, such as text, graphics, images, information and all media posted by thinjoy & its users and other material contained on the thinjoy Site are for informational purposes only. thinjoy is not a medical organization and thinjoy, its employees, and other thinjoy users cannot give you medical advice, diagnosis or treatment. The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other health provider with any questions you may have regarding a medical condition or general information about health, nutrition and weight loss. You should never disregard professional medical advice, delay or substitute a visit or a call to your health provider because of something you may have read on thinjoy.
thinjoy does not recommend or endorse any specific ideas, products, procedures, opinions, strategies, or other information that may be mentioned on this Site. Reliance on any information provided by thinjoy, thinjoy’s employees, thinjoy’s users, or other contributors to the Site is solely at your own risk.
We would encourage and advise you to seek the advice of your physician or heath provider before any weight loss effort or regimen. This Site and Service is intended for use only by healthy adult individuals. The Site and Service is not intended for use by minors, pregnant woman, those who may become pregnant, or with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to using the Site or Service or any other form of weight loss effort or regimen.
PRIVACY POLICY
thinjoy’s current privacy policy is available at www.thinjoy.com/privacy.php (the “Privacy Policy”), which is incorporated by this reference.
INDEMNITY
You will indemnify and hold harmless thinjoy, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney’s fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or thinjoy username, of any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMERS
You acknowledge that thinjoy has no control over and no duty to take action regarding: which users gain access to the Site or the Services; what effects the Content may have on you; how much you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release thinjoy from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain information that some people may find offensive or inappropriate. thinjoy makes no representations concerning any content contained in or accessed through the Site or Services, and thinjoy will not be responsible or liable for the accuracy, completeness, currentness, timeliness, copyright compliance, legality or decency of material contained in or accessed though the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THINJOY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),(II) ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, SERVICE OR CONTENT, OR (III) IN EXCESS OF (IN THE AGGREGATE) $100, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION
thinjoy may terminate or suspend any and all Services and your thinjoy account immediately, without prior notice or liability, if you breach any of the terms and conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your thinjoy account, you may simply click “Personal Settings” and “Cancel Subscription”. All provisions of the Terms of Service which by their nature should survive termination, including, without limitation, the ownership provisions, warranty disclaimers, indemnity and limitations of liability.
TRADEMARKS
thinjoy and other thinjoy graphics logos, designs, page headers, navigation icons, scripts, and service names are trademarks or trade dress of thinjoy in the U.S. and/or other countries. thinjoy’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the press and affiliate pages may be used by partners, bloggers, press, and third party sites; but thinjoy retains the copyrights to all material contained on those pages.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind thinjoy in any respect whatsoever. The failure of either party to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder. Thinjoy shall not be liable for any failure, to perform its obligations hereunder where such a failure results from any cause beyond thinjoy’s reasonable control, including, without limitations, mechanical, software, electronic or communications failure or degradations ( including “line-noise” interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that the provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and enforceable. The Terms of Service is not assignable, transferable or sub licensable by you except with thinjoy’s prior written consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of Pennsylvania, as if made in Pennsylvania between two residents thereof, and the parties submit to the exclusive jurisdiction of the Lycoming County Court of Common Pleas and the United States District Court for the Middle Court of Pennsylvania. Notwithstanding the foregoing sentence, (but without limiting thinjoy’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this agreement shall be referred to an arbitrator affiliated with the American Arbitration Association. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other with written notice that they plan to seek arbitration, the parties shall each select an arbitrator affiliated with the American Arbitration Association which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried out and heard in Muncy, Pennsylvania using the English language and pursuant to the rules of American Arbitration Association. In any action or proceeding to enforce the rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and superseded and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except otherwise provided herein.