8. CONTENT AND CONTENT RIGHTS
For purposes of these Terms: (i) “Content” means graphics, images, music, software, audio, video, text, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the YouFit Services; and (ii) “User Content” means any Content that YouFit account holders (including you) provide to be made available through the YouFit Services. Content includes without limitation User Content.
YouFit does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, YouFit and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the YouFit Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YouFit Services or Content or in any third-party website or application that you access in your use of the Services. See Section 16 below (YouFit’s Proprietary Rights).
If you send us User Content using the Services or tag us in Content on a social media platform, we may use that Content for social media, website, blog, email, advertising, and other commercial uses. By making any User Content available through the Services or through the submission of User Content, including photos and videos, whether sent via message, location tag, or social media tagging (such as @youfitgyms), you grant YouFit a perpetual, royalty-free, and unrestricted right and license to utilize the User Content in any and all advertising, commercial, and marketing efforts, as well as to provide the Services. You also grant permission for YouFit to use your name, photograph(s), likeness, image, and transformation journey details in any and all marketing, print, website, and social media material and to provide the Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by YouFit on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services or in our advertising or third-party media such as Facebook, Twitter, etc. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Subject to your compliance with these Terms, YouFit grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the YouFit Services and solely for your personal and non-commercial purposes.