PELOTON Terms of Service
LAST UPDATED: February 26, 2016
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Peloton Interactive, Inc. (formerly Peloton Interactive, LLC) (“Peloton”, “we”, or “us”) is an online fitness community available through the Peloton web site located at http://www.pelotoncycle.com (the “Peloton Site”), the Peloton interface on the Peloton bike, the Peloton fitness studio in New York, New York (the “Studio”), and through mobile applications and desktop applications (including, but not limited to, iOS and Android applications), (collectively, the “Peloton Service”). By registering as a member or by using the Peloton Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Peloton. If you do not wish to be bound by this Agreement, do not use the Peloton Service.
AGE REQUIREMENT: You must be at least 18 years old to register with and use the Peloton Service. Minors age13-17 that can safely fit the dimensions of the bike may participate in live class at our fitness studio New York, New York, provided (a) they and their parent/guardian has signed a Peloton waiver and release; and (b) their parent/guardian is on site at all times.
LICENSE: Peloton grants you a limited, non-exclusive license to access and use the Peloton Service for your own personal, non-commercial purposes. This includes the right to view content available on the Peloton Service. This license is personal to you and may not be assigned or sublicensed to anyone else. RESTRICTIONS: Except as expressly permitted by Peloton in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Peloton Service. Nor will you take any measures to interfere with or damage the Peloton Service. All rights not expressly granted by Peloton are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To enjoy unlimited access to the Peloton Service, you must register as a member of the Peloton Service and enter into a subscription agreement with Peloton. Your subscription is governed by the Subscription Terms and Conditions located on the Peloton web site at: http://support.pelotoncycle.com/hc/en-us/articles/203822009-Peloton-purchase-and-subscription-terms.
You must provide complete and accurate registration information to Peloton, complete the subscription process and notify us if any of your information changes.
IN-STUDIO MEMBERSHIP: Membership to our in-studio live classes are subject to then-current fees which are separate and in addition to the membership and subscription fees for Peloton’s online content.
USER NAME AND PROFILE PICTURE: You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. Similarly, you may not use any image that violates any third party rights, nor any image that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Peloton Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
Peloton will provide information on its then-current in-studio membership levels and subscription requirements on the Peloton Site and through the Peloton Service. Features and prices are subject to change.
TERM: This Agreement begins on the date you first use the Peloton Service and continues as long as you have an account with us and/or continue to use the Peloton Service.
TERMINATION FOR BREACH: Peloton may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Peloton determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Peloton’s reputation and goodwill. If Peloton deletes your account for the foregoing reasons, you may not re-register for the Peloton Service. Peloton may block your access to the Peloton Service to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Peloton will terminate. The following section shall survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. In the event of account deletion for any reason, content that you submitted may no longer be available. Peloton shall not be responsible for the loss of such content.
In addition, for the purpose of clarity, if you cancel your subscription or if your subscription is terminated for any reason, you will lose access to all live and on-demand classes and any other content or features provided through the Peloton Service. Peloton, in its discretion, may make available a very limited amount of content or features to you after you cancel (or if you choose not to renew) your subscription.
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
- Download and/or install any third party software and/or applications on any Peloton hardware that are not expressly permitted by Peloton; and/or
- Violates any law.
In using the Peloton Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Peloton Site.
- Engage in any conduct that is offensive or illegal.
Peloton has the right, but not the obligation, to monitor all conduct on and content submitted to the Peloton Service. Peloton reserves the right to alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity of the Peloton Service and systems.
In addition, when visiting or taking classes at our fitness studio, please be advised that Peloton is not responsible for any lost or stolen items and that visitors, guests and members may be required to adhere to then-current policies in place at the Studio.
As between you and Peloton, you own all content that you submit to the Peloton Service. You grant Peloton and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of the Peloton Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Peloton on improving or adding new features to the Peloton Service, Peloton shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Peloton and grant the licenses set forth above; (ii) Peloton will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Peloton and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on the Peloton Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Peloton violates any law or infringes any third party right, including any intellectual property or privacy right.
Downloading and/or installing any third party software and/or applications that are not expressly authorized by Peloton on any Peloton hardware is done at your own risk, may void any applicable warranty or support and is strictly forbidden.
There may be links on the Peloton Sites and/or the Peloton Service that will let you leave the particular Peloton Site or Peloton Service you are accessing in order to access a linked site (the “Linked Sites”). Peloton neither controls nor endorses these linked sites, nor has Peloton reviewed or approved the content that appears on the Linked Sites. Peloton is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Peloton shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
DEALINGS WITH THIRD PARTIES
Your participation, correspondence or business dealings with any third party found on or through the Peloton Sites and Service, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Peloton shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Peloton reserves the right to modify the Peloton Service, including, but not limited to updating, adding to, supplementing, modifying, removing or altering any content or features of the Peloton Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Peloton Service. Peloton has no obligation to screen or monitor any content and does not guarantee that any content available on the Peloton Service is suitable for all users.
Peloton provides the Peloton Service on an “as is” and “as available” basis. You therefore use the Peloton Service at your own risk. Other than as expressly provided with any Peloton product (for example, the Peloton Bike), Peloton expressly disclaims any and all other warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Peloton makes no representations or warranties:
- That the Peloton Service will be permitted in your jurisdiction;
- That the Peloton Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That the Peloton Service will meet your personal or professional needs;
- That Peloton will continue to support any particular feature of the Peloton Service.
- Concerning sites and resources outside of the Peloton Service, even if linked to from the Peloton Service.
To the extent that a secondary party may have access to or view Peloton content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Peloton Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) Peloton shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Peloton's total liability to you shall not exceed the amounts paid by you to Peloton over the twelve (12) months preceding your claim(s).
Professional Advice Disclaimer.
THE PELOTON SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PELOTON SITE. THE USE OF ANY INFORMATION PROVIDED ON THE PELOTON SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE PELOTON SITE OR AVAILABLE THROUGH ANY PELOTON SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE PELOTON SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND PELOTON MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE PELOTON SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a Member of Peloton with the intent of using the Peloton Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Peloton Service.
If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the Peloton Service.
Peloton reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
The Peloton name, logos and affiliated properties, are the exclusive property of Peloton Interactive, Inc. and/or its parent, subsidiary or affiliated entities. All other trademarks appearing on the Peloton Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Peloton Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Peloton Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Peloton respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Peloton Site do not infringe any third party copyright.
Peloton will promptly remove materials from the Peloton Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, Peloton may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Peloton Site the material that you claim is infringing may be found, sufficient for Peloton to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you 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.
- Your electronic or physical signature.
You may submit this information via:
- Email: email@example.com
- Offline: Peloton's Copyright Agent (see contact information below)
Peloton may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S. C. § 512(g)(3), for more information
Peloton's Copyright Agent
You may send a DMCA notice
or any inquiries concerning intellectual property to
Peloton’s Copyright Agent:
Peloton Interactive, Inc.
158 West 27th Street
New York, NY 10001
Attn: Copyright Agent
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Peloton Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Peloton and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Peloton in exercising any right hereunder will waive any further exercise of that right. Peloton's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Peloton's prior written consent. No third party shall have any rights hereunder. Peloton may assign its rights, obligations and/or this agreement at any time in its sole discretion without notice to you.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Peloton electronically. Peloton may provide all such communications by email or by posting them on the Peloton Service. For support-related inquiries, you may send an email to firstname.lastname@example.org the following address:
Peloton Interactive, Inc.
158 West 27th Street
New York, NY 10001
Attn: Legal Department
Nothing herein shall limit Peloton's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may be modified at any time by Peloton. Any such modification shall be communicated through a revised Terms of Service posted by Peloton on the Peloton Service or communicated to you in some other manner. A revised Terms of Service will be effective as of the date it is posted on the Peloton Service.
ENTIRE AGREEMENT: This Agreement incorporates the following legal documents by reference:
- Subscription Terms and Conditions
This Agreement constitutes the entire understanding between Peloton and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
© Peloton 2017, Peloton Interactive, Inc. All rights reserved