Collection: Products

Terms of Use

These terms and conditions apply to the THE HOURGLASS SOCIETY app (hereby referred to as "Application") for mobile devices that was created by M Studio Works LLC (hereby referred to as "Service Provider") as a Freemium service.

 

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

 

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

 

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.

 

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

 

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

 

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

 

In terms of the Service Provider's responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.

 

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

 

Physical Activity Notice

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. THE HOURGLASS SOCIETY is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

 

Intellectual Property

All intellectual property on the App is owned by THE HOURGLASS SOCIETY or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by THE HOURGLASS SOCIETY. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of THE HOURGLASS SOCIETY; All rights reserved.

 

App Use Restrictions

You may use the Content only for your own non-commercial use to use the App. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without THE HOURGLASS SOCIETY’s prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

Personal Information

To use the App, you may be asked to provide certain personal information (the “Personal Information”), including information about your weight, age and gender, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and THE HOURGLASS SOCIETY will not be responsible for any injury related to any Personal Information you submit to the App or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.

 

Links

The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). THE HOURGLASS SOCIETY does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. THE HOURGLASS SOCIETY is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

 

Mobile Services

The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using THE HOURGLASS SOCIETY’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

 

Indemnification

You agree to indemnify, defend, and hold harmless M Studio Works LLC, THE HOURGLASS SOCIETY, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

 

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this App.

 

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. THE HOURGLASS SOCIETY is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. THE HOURGLASS SOCIETY is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 

Warranty Disclaimer

THE HOURGLASS SOCIETY is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, THE HOURGLASS SOCIETY disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. THE HOURGLASS SOCIETY cannot guarantee and does not promise any specific results from use of the App. THE HOURGLASS SOCIETY does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, THE HOURGLASS SOCIETY does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. THE HOURGLASS SOCIETY reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

Limitation of Liability

THE HOURGLASS SOCIETY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A THE HOURGLASS SOCIETY  EVENT OR ANY PERSONAL INFORMATION, EVEN IF THE HOURGLASS SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST THE HOURGLASS SOCIETY FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF THE HOURGLASS SOCIETY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, THE HOURGLASS SOCIETY’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Miscellaneous

You agree that this App shall be deemed a passive website solely based in Jersey City, New Jersey, which does not give rise to personal jurisdiction over THE HOURGLASS SOCIETY in jurisdictions other than New Jersey. You agree that this App, Terms of Use, Privacy Policy and any dispute between you and THE HOURGLASS SOCIETY shall be governed in all respects by New Jersey law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this App (including but not limited to the purchase of THE HOURGLASS SOCIETY products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Jersey City, New Jersey. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Hudson County, New Jersey. Any cause of action or claim you may have with respect to the App (including but not limited to the purchase of THE HOURGLASS SOCIETY products) must be commenced within one (1) year after the claim or cause of action arises. By using the App, you agree to receive certain electronic communications from THE HOURGLASS SOCIETY. You agree that any notice, agreement, disclosure or other communication that THE HOURGLASS SOCIETY sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. THE HOURGLASS SOCIETY’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. THE HOURGLASS SOCIETY may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

Termination

THE HOURGLASS SOCIETY reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. THE HOURGLASS SOCIETY also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

 

 

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

 

These terms and conditions are effective as of 2024-04-29

 

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at help@thehsociety.com.