4. Permitted Uses
The Kanthaka Platform and all Content are made available for your personal, noncommercial use, provided that Trainers may use the Kanthaka Platform to promote and receive payment for services that they perform at Workouts, so long as the Trainer is in full compliance with these Terms. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Kanthaka Platform, including, without limitation, the Sites, Content or any part of any of the foregoing, in any way not expressly permitted by these Terms is prohibited, and may be actionable under the law.
The Kanthaka Platform is controlled within the United States of America and are directed to individuals residing in the United States. Those who choose to access the Kanthaka Platform from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Kanthaka does not represent that the Kanthaka Platform is appropriate outside the United States of America. Kanthaka reserves the right to limit the availability of the Kanthaka Platform for any person, geographic area or jurisdiction at any time in its sole discretion.
You are responsible for your use of the Kanthaka Platform. You agree that the following actions, without limitation, are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Kanthaka reserves the right to determine what types of conduct it considers to be inappropriate use of the Kanthaka Platform or any part thereof. In the case of inappropriate use, Kanthaka may take such measures as it determines in its sole discretion. By way of example, and not as limitation, you agree that you will not:
1. use the Marketplace Services for any purpose other than obtaining or offering personal training and fitness services via Workouts; no other services may be obtained or offered in connection with the Marketplace Services;
2. schedule a Workout outside of the Kanthaka Platform with any Trainer or Client that you were introduced to through the Kanthaka Platform;
3. pay any Trainer or accept payment from Clients outside of the Kanthaka Platform;
4. display any disrespectful or inappropriate behavior at any time during any Workout;
5. contact a Client if you are a Trainer or contact a Trainer if you are a Client for any reason other than for reasons that pertain to a Workout that was scheduled, provided that a Client may only contact a Trainer, and a Trainer may only contact a Client, through text or telephone during the following times: (a) between the hours of 8:00 a.m. and 8:00 p.m. local time, (b) if your Workout is scheduled for a time before 8:00 a.m. local time, on the day of your Workout you may also be contacted before 8:00 a.m. local time, but no earlier than one hour before your scheduled Workout; and (c) if your Workout is scheduled for a time after 8:00 p.m. local time, on the day of your Workout you may also be contacted after 8:00 p.m. local time, but no later than one hour following your scheduled Workout.
6. transfer or sell any Workout; Workouts may not be transferred to other individuals and may not be sold;
7. violate any law or regulation or use the Kanthaka Platform for any improper purpose or to take any action in violation of any law or regulation;
8. violate or infringe any other user of the Kanthaka Platform or third party’s intellectual property, privacy, publicity, or other legal or contractual rights;
9. use the Kanthaka Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission, other than with respect to reviews that you may leave for Trainers or Clients through the Kanthaka Platform;
10. transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
11. send unsolicited or unauthorized advertising or commercial communications, such as spam;
12. transmit any malicious code, computer viruses, cancel bots, Trojan horses, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
13. stalk, harass, defame, hreaten, or harm another individual;
14. impersonate or misrepresent your identity or your affiliation with any person or entity;
15. create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Kanthaka;
16. use any automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content or other information or materials available through the Kanthaka Platform;
17. systematically retrieve data or other Content from the Kanthaka Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual or automated methods (although operators of public search engines may use spiders to index materials from the Kanthaka Platform for the sole purpose of creating publicly available searchable indices of the materials, and Kanthaka reserves the right to revoke these exceptions either generally or in specific cases);
18. use automated methods to use the Kanthaka Platform in a manner that sends more requests to the Kanthaka servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
19. interfere with or damage, or attempt to interfere with or damage, the Kanthaka Platform or any functionality thereof, in any way, including, without limitation, by using any device, software or routine or the like, or attempt to access any area of the Kanthaka Platform to which your access is not authorized;
20. register for more than one Account, register for an Account on behalf of an individual other than yourself, or transfer the Account to another party without our consent;
21. use the Kanthaka Platform to recruit or otherwise solicit any user to join third party services or websites that are competitive to Kanthaka, without Kanthaka’s prior written approval;
22. use, display, mirror, or frame the Kanthaka Platform or any individual element within the Kanthaka Platform, Kanthaka’s name, any Kanthaka trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Kanthaka’s express written consent;
23. copy, adapt, modify, prepare derivative works based upon, distribute, aggregate, license, sublicense, sell, resell, transfer, assign, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Kanthaka Platform or its Content, except as expressly permitted in these Terms;
24. access, tamper with, or use non-public areas of the Kanthaka Platform, Kanthaka’s computer systems, or the technical delivery systems of Kanthaka’s providers;
25. falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source;
26. attempt to probe, scan, or test the vulnerability of any Kanthaka system or network or breach any security or authentication measures;
27. access the Kanthaka Platform for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, including, but not limited to, building a competitive product or service;
28. take any action that imposes an unreasonable or disproportionately large burden on the Kanthaka Platform’s infrastructure or that otherwise may adversely affect performance of the Kanthaka Platform or restrict any other user or Kanthaka from using or enjoying the Kanthaka Platform;
29. harvest or otherwise collect information about others, including, without limitation, email addresses or other contact information, without their consent, or hack or violate any security measures of the Kanthaka Platform;
30. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kanthaka or any of Kanthaka’s providers or any other third party (including another user) to protect the Kanthaka Platform;
31. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Kanthaka Platform, except as permitted by applicable law;
32. engage in any other action that, in the judgment of Kanthaka, exposes it or any third party to potential liability or detriment of any type; or
33. cause, advocate, encourage, or assist any third party in doing any of the foregoing.
You acknowledge that Kanthaka has no obligation to monitor your access to or use of the Kanthaka Platform, but has the right to do so for any purpose, in its sole discretion. Kanthaka may at its discretion investigate and prosecute violations of these Terms to the fullest extent of the law. Kanthaka may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.