The Breakthrough App
Terms & Conditions
The Breakthrough App Terms of Service Statement
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Overview
The Breakthrough App and www.spaghettiminniti.com are owned and operated by Spaghetti Minniti LLC. Whenever the terms “we”, “us” and “our” are used, they are in reference to Spaghetti Minniti LLC. Spaghetti Minniti LLC offers this mobile app (powered by MobileRoadie.com), including all information, tools and services available within the app and on www.SpaghettiMinniti.com (hence referred to as ‘website’) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using The Breakthrough App, visiting our website, or purchasing any merchandise or additional services via either platform, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of The Breakthrough App and website, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using The Breakthrough App. By accessing or using any part The Breakthrough App you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to The Breakthrough App (powered by MobileRoadie.com) or the use of our website shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service or our website by posting updates and/or changes within The Breakthrough App. It is your responsibility to check this page periodically for changes. Your continued use of or access to The Breakthrough App or our website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - The Breakthrough App Terms & Use
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use The Breakthrough App.
You may not use The Breakthrough App for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code, language, media, or otherwise of a destructive nature.
All content posted within The Breakthrough App including, but not limited to, photos, videos, written posts, comments/responses, messages, etc. determined in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, violates any intellectual property or is not contributing in a positive way to The Breakthrough App and it’s community WILL be removed. Users posting objectionable content or acting in any way that would be determined in our sole discretion as abusive will be suspended and/or expelled.
To flag any objectionable content or abusive users/use of any kind, email thebreakthroughapp@gmail.com immediately.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
A breach or violation of any of the Terms can and will result in an immediate termination of your Services.
SECTION 2 - HEALTH DISCLAIMER
Many of the choreography videos, tutorials, conditioning/training videos, etc. available via The Breakthrough App feature vigorous dance movements, which can be a strenuous physical activity.
By using The Breakthrough App you represent that you understand that such movements, if done incorrectly, or by someone with poor physical or mental health, may result in injury, whether physical or mental.
All instructions given in any video tutorial by any choreographer, instructor, or otherwise are optional. You are not required to perform any movements you are not comfortable with, or feel that might be outside of your range of abilities.
You expressly waive and release any claim that you may have at any time for injury of any kind against Spaghetti Minniti LLC, or any person involved or associated with Spaghetti Minniti LLC or The Breakthrough App including without limitation its directors, instructors, choreographers, principals, employees, independent contractors, affiliates, representatives, etc.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Breakthrough App and use thereof without express written permission by Spaghetti Minniti LLC. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - THIRD PARTY TOOLS & LINKS
The Breakthrough App features content and/or links from or to 3rd party content. Content including, for example public YouTube videos from other content creators or websites and social networks of partner artists and companies, is provided and cultivated for your entertainment and education. You acknowledge and agree that The Breakthrough App provides this access and curation “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including but not limited to the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 5 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, farm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of The Breakthrough App or our website is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Spaghetti Minniti LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 7 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Spaghetti Minniti LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 - SEVER-ABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us within The Breakthrough App or on our website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 10 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on our website at www.spaghettiminniti.com/breakthroughappterms.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 11 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to thebreakthroughapp@gmail.com.
To report any questionable behavior or violations of service please email us at thebreakthroughapp@gmail.com right away.
The Breakthrough App Privacy Statement
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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our website, The Breakthrough App, or other associated apps/services, as part of the buying and selling process we collect the personal information you give us such as your name, address and email address.
When you browse our website or associated apps, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our site, new products and services, other updates, and email blasts.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at thebreakthroughapp@gmail.com.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Payment:
The Breakthrough App is a free to download via the iOS and Android App stores. However, access to the Company and Patron sections in The Breakthrough App is only available by joining the appropriate tier in our Patreon campaign. All financial transactions in regard to using The Breakthrough App (Company members, Apprentices and Patrons) are processed there. Please visit www.Patreon.com for more information.
SECTION 4 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
When you click on links on our website or in The Breakthrough App you may be directed to other websites. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 5 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
SECTION 6 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 7 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our website or within The Breakthrough App. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at thebreakthroughapp@gmail.com.