Kiana Tom – Official Website

Star of Kiana's Flex Appeal ESPN

terms and conditions

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TERMS OF USE

KIANA.COM AND FITMOMTV.COM

Kiana.com and FitMomTV.com are designed to deliver content relating to a fit and

healthy lifestyle, including live and archived workouts and other video content, exercise

tips, articles, recipes, and product sales. It is targeted at individuals of all fitness, from

the beginner to the advanced athlete. We hope to provide you with information and

feedback to help you meet your health and fitness goals. You can browse the Sites and

participate in the live workouts for free, and/or you can purchase a Pro Membership for

additional content including access to the recorded classes, 100’s of hours of fitness

videos, tutorials, healthy recipes, meal plans and shopping lists. Pro Members will also

have access to archived versions of the live workouts so that they can repeat or make

up missed sessions. 30 day cancellation notice required, view Cancellation Policy.  Internet access required.

1. BINDING EFFECT. This is a binding agreement. By using Kiana.com and/or

FitMomTV.com (the “Sites”) or any service provided in connection with the Sites (the

“Service”), you agree to abide by these Terms of Use, as they may be amended by

Kiana Tom Productions, LLC or its agents and/or employees (“We,” “Us,” “Our,” etc.)

from time to time at its sole discretion. Any time these Terms of Use have been

changed or otherwise updated, we will post a notice on the Sites. It is your

responsibility to review these Terms of Use periodically, and if at any time you find

these them unacceptable, you should immediately leave the Site(s) and cease all

use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU

REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE

LEGALLY ELIGIBLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment

of your personal information. A complete statement of our current privacy policy can

be found by clicking here. Our Privacy Policy is expressly incorporated into this

Agreement by this reference.

When you are required to open an account to use or access the Sites or

Service, you must complete the registration process by providing the complete

and accurate information requested on the registration form. You will also be

asked to provide a user name and password. You alone are responsible for

maintaining the confidentiality of your password and we bear no responsibility in

this regard. You may not use the account, username, or password of someone

else at any time. You agree to notify us immediately about any unauthorized use

of your account, user name, or password. We will not be liable for any loss that

you incur as a result of someone else using your password, either with or

without your knowledge. You may be held liable for any losses incurred by us,

our affiliates, officers, directors, employees, consultants, agents, and

representatives due to someone else’s use of your account or password.

3. USE OF SOFTWARE. We may make certain software available to you from the

Sites. If you download software from the Site, the software, including all files and

images contained in or generated by the software, and accompanying data

(collectively, “Software”) are deemed to be licensed to you by us, for your personal,

noncommercial, home use only. We do not transfer either the title or the intellectual

property rights to the Software, and we retain full and complete title to the Software

as well as all intellectual property rights therein. You may not sell, redistribute, or

reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or

otherwise convert the Software to a human-perceivable form. You may not copy or

otherwise act as the owner of any trademark, servicemark, or logo found on the

Sites.

4. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or

otherwise distributing information or other content (“User Content”) to the Sites or

Service, you grant us, our affiliates, officers, directors, employees, consultants,

agents, and representatives a license to use User Content in connection with the

operation of the Internet business of Kiana.com or FitMomTV.com. This includes,

without limitation, a right to copy, distribute, transmit, publicly display, publicly

perform, reproduce, edit, translate, and reformat User Content. You will not be

compensated for any User Content you provide. You agree that we may publish or

otherwise disclose your name in connection with your User Content. By posting User

Content on the Sites or Service, you warrant and represent that you own the rights

to the User Content or are otherwise authorized to post, distribute, display, perform,

transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. Your use of the Service

and the Sites is at all times governed by and subject to laws regarding copyright

ownership and use of intellectual property. You agree not to upload, download,

display, perform, transmit, or otherwise distribute any content in a way that violates

any third party’s copyrights, trademarks, or other intellectual property or proprietary

rights (including right of publicity). You agree to abide by all applicable laws

regarding copyright ownership and use of intellectual property, and you will be solely

responsible for violations of any relevant laws and for infringements of third party

rights caused by any Content you provide or transmit, or that is provided or

transmitted using your User ID. The burden of proving that any User Content does

not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. By contributing content to the Sites you agree to be at

all times respectful of others. You agree not to upload, download, display, perform,

transmit, or otherwise distribute any Content that (a) is libelous, defamatory,

obscene, pornographic, abusive, threatening, or harassing; (b) advocates or

encourages conduct that could constitute a criminal offense, give rise to civil liability,

or otherwise violate any applicable local, state, national, or foreign law or regulation;

or (c) advertises or otherwise solicits funds, goods, or services. We reserve the right

to terminate your receipt, transmission, or other distribution of any such material

using the Sites, and, if applicable, to delete any such material from their servers. We

will cooperate fully with any law enforcement officials or agencies in the investigation

of any violation of these Terms of Use or of any applicable laws.

7. PROCEDURES FOR DEALING WITH ALLEGEDLY INFRINGING CONTENT. We

have in place certain legally mandated procedures regarding allegations of copyright

infringement occurring on the Sites or with the Service. We have adopted a policy

that provides for the immediate suspension and/or termination of any user who is

found to have infringed on our rights or those of a third party, or otherwise violated

any intellectual property laws or regulations. Kiana.com and FitMomTV.com may

remove or disable access to specified content appearing on the respective Sites

upon receipt of a verified notice asserting that the content infringes intellectual

property rights, is inaccurate, or is otherwise unlawful.

Notice of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have

implemented procedures for receiving written notification of claimed infringements.

We have also designated an agent to receive notices of claimed copyright

infringement. If you have evidence, know, or have a good faith belief that your rights

or the rights of a third party have been violated and you want us to delete, edit, or

disable the material in question, you must provide us with all of the following

information:

a. A physical or electronic signature of a person authorized to act on behalf of

the owner of the allegedly infringed copyright interest;

b. A description of the copyrighted work that you claim has been infringed (or, if

multiple copyrighted works are covered by a single notification, a

representative list of such works);

c. A description specifying the location on our website of the material that you

claim is infringing that is reasonably sufficient to permit us to locate the

infringing material;

d. Information reasonably sufficient to permit Company to contact you, such as

your telephone number and email address;

e. A statement that you have a good faith belief that use of the material in the

manner complained of is not authorized by the copyright owner, its agent, or

the law; and

f. A statement by you, made under penalty of perjury, that the information in

your notice is accurate and that you are the copyright owner or authorized to

act on the copyright owner’s behalf.

Please submit your notice to us as follows:

By E-mail at: webmaster@kiana.com.

By Mail at: KT Productions, Inc., 555 N. El Camino Real Ste A401, San Clemente,

CA 92672.

Counter-Notice:

If you believe that a notice of copyright infringement has been improperly submitted

against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and

(3) of the Digital Millennium Copyright Act. You may complete provide a written

communication which contains:

a. Your physical or electronic signature;

b. Identification of the material removed or to which access has been disabled;

c. A statement under penalty of perjury that you have a good faith belief that

removal or disablement of the material was a mistake or that the material was

misidentified;

d. Your name and telephone number, and a statement that you consent to the

jurisdiction of the Federal District court (i) in the judicial district where your

address is located if the address is in the United States, or (ii) located in the

Northern District of California (Santa Clara County), if your address is located

outside the United States, and that you will accept service of process from the

Complainant submitting the notice or his/her authorized agent.

e. Please submit your Counter-Notice to Kiana.com via email or mail at the

addresses specified above.

8. ALLEGED VIOLATIONS. We reserve the right to terminate your use of the Service

and/or access to the Sites. To ensure that we provide a high quality experience for

you and for other users of the Sites and the Service, you agree that we or our

representatives may access your account and records on a case-by-case basis to

investigate complaints or allegations of abuse, infringement of third party rights, or

other unauthorized uses of the Site or the Service. We do not intend to disclose the

existence or occurrence of such an investigation unless required by law to do so, but

we reserve the right to terminate your account or your access to the Site

immediately, with or without notice to you, and without liability to you, if we believe

that you have violated any of these Terms of Use, furnished us with false or

misleading information, or interfered with use of the Sites or the Service by others.

9. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE

MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.

YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF,

OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM

EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND

ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE,

INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE

SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF

THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10.LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM

EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF

ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS

OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN

CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS

OR SERVICES PROVIDED TO YOU BY US. This limitation applies regardless of

whether the damages arise out of breach of contract, tort, or any other legal theory

or form of action.

11.AFFILIATED SITES. We have no control over and no liability for any third party

websites or materials linked with Kiana.com or FitMomTV.com. We work with a

number of partners and affiliates whose Internet sites may be linked with the Sites.

Because we have no control over the content and performance of these partner and

affiliate sites, we make no guarantees about the accuracy, currency, content, or

quality of the information provided by such sites, and we assume no responsibility

for unintended, objectionable, inaccurate, misleading, or unlawful content that may

reside on those sites. Similarly, from time to time in connection with your use of the

Sites, you may have access to content items (including, but not limited to, websites)

owned by third parties. You acknowledge and agree that we make no guarantees

about, and assume no responsibility for, the accuracy, currency, content, or quality of

this third party content, and that, unless expressly provided otherwise, these Terms

of Use will govern your use of any and all third party content.

12.PROHIBITED USES. We impose certain restrictions on your permissible use of the

Sites and the Service. You are prohibited from violating or attempting to violate any

security features of the Sites or Service, including without limitation (a) accessing

content or data not intended for you or logging onto a server or account that you are

not authorized to access; (b) attempting to probe, scan, or test the vulnerability of

the Service, the Sites, or any associated system or network, or to breach security or

authentication measures without proper authorization; (c) interfering or attempting to

interfere with service to any user, host, or network, including, without limitation, by

means of submitting a virus to the Sites or Service, overloading, “flooding,”

“spamming,” “mail bombing,” or “crashing;” (d) using the Sites or Service to send

unsolicited e-mail, including, without limitation, promotions, or advertisements for

products or services; (e) forging any TCP/IP packet header or any part of the header

information in any e-mail or in any posting using the Sites; or (f) attempting to modify,

reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce

to a human-perceivable form any of the source code used by us in providing the

Sites or Service. Any violation of system or network security may subject you to civil

and/or criminal liability.

13.INDEMNITY. You agree to indemnify us for your acts and omissions. You agree to

indemnify, defend, and hold harmless us, our affiliates, officers, directors,

employees, consultants, agents, and representatives from any and all third party

claims, losses, liability, damages, and/or costs (including reasonable attorney fees

and costs) arising from your access to or use of the Sites, your violation of these

Terms of Use, or your infringement, or infringement by any other user of your

account, of any intellectual property or other right of any person or entity. We will

notify you promptly of any such claim, loss, liability, or demand, and will provide you

with reasonable assistance, at your expense, in defending any such claim, loss,

liability, damage, or cost.

14.COPYRIGHT. All contents of Site or Service are: Copyright © 2013 Kiana Tom

Productions, 555 N. El Camino Real Ste A401, San Clemente, CA 92672. All rights

reserved.

15.LINKING.

a. Links to 3rd Party Websites: We may include links to third party web sites

(“Third Party Sites”). We may also enable third party developers (“Platform

Developers”) to create applications (“Platform Applications”) that provide

features and functionality using data and developer tools made available by

us through our developer platform.

1) You are responsible for evaluating whether you want to access or use

a Third Party Site or Platform Application. You should review any

applicable terms and/or privacy policy of a Third Party Site or Platform

Application before using it or sharing any information with it, because

you may give the operator permission to use your information in ways

we would not.

2) We are NOT responsible for and do not endorse any features,

content, advertising, products or other materials on or available from

Third Party Sites or Platform Applications. We also do not screen, audit,

or endorse Platform Applications. Accordingly, if you decide to access

Third Party Sites or use Platform Applications, you do so at your own risk

and agree that your use of any Platform Application is on an “as-is” basis

without any warranty as to the Platform Developer’s actions, and that

this Agreement does not apply to your use of any Third Party Site or

Developer Application.

3) Please note: If you allow a Platform Application or Third Party Site to

authenticate to or connect with your account, that application or website

can access information on LinkedIn related to you and your connections.

16.GOVERNING LAW. These Terms of Use will be construed in accordance with and

governed by the laws of the United States and the State of California, without

reference to their rules regarding conflicts of law. You hereby irrevocably consent to

the exclusive jurisdiction of the state or federal courts in Orange County, CA for all

disputes arising out of or related to the use of the Sites or Service.

17.SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction

finds any term or condition in these Terms of Use to be unenforceable, all other

terms and conditions will remain in full force and effect. No waiver of any breach of

any provision of these Terms of Use will constitute a waiver of any prior, concurrent,

or subsequent breach of the same or any other provisions hereof, and no waiver will

be effective unless made in writing and signed by an authorized representative of

the waiving party.

18.CALIFORNIA USE ONLY. The Sites are controlled and operated by us from our

offices in the State of California. We make no representation that any of the

materials or the services to which you have been given access are available or

appropriate for use in other locations. Your use of or access to the Sites, if you live

outside of California, should not be construed as our purposefully availing ourselves

of the benefits or privilege of doing business in any state or jurisdiction other than

California.

19.MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise

these Terms of Use; (b) modify the Sites and/or the Service; and (c) discontinue the

Sites and/or Service at any time. We will post any revision to these Terms of Use to

the Sites, and the revision will be effective immediately on such posting. You agree

to review these Terms of Use and other online policies posted on the Sites

periodically to make yourself aware of any revisions. You agree that, by continuing to

use or access the Sites following notice of any revisions, you will abide by any such

revisions.

20.ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITES,

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND

AGREE TO BE BOUND BY THEM.