You must ensure that your use of Wod Boost and all Your Data is at all times compliant with our Terms of Service and all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to Prosody Marketing, LLC. and to grant the rights granted to Prosody Marketing, LLC. in this Agreement and (ii) Your Data and its transfer to and use by Prosody Marketing, LLC. as authorized by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under Section 7.5 (Security), Prosody Marketing, LLC. assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.
You will not submit to the Wod Boost (or use the Wod Boost to collect): (i) any personally identifiable information, except as necessary for the establishment of your Prosody Marketing, LLC. account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that Prosody Marketing, LLC. is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Wod Boost are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Prosody Marketing, LLC. has no liability under this Agreement for Sensitive Data.
Indemnity for Your Data. You will defend, indemnify and hold harmless Prosody Marketing, LLC. from and against any loss, cost, liability or damage, including attorneys’ fees, for which Prosody Marketing, LLC. becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Wod Boost in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of Prosody Marketing, LLC. at your expense.
Removals and Suspension
Prosody Marketing, LLC. has no obligation to monitor any content uploaded to the Wod Boost. Nonetheless, if we deem such action necessary based on your violation of this Agreement or in response to takedown requests that we receive we may (1) remove Your Data from the Wod Boost or (2) suspend your access to the Wod Boost. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of the Wod Boost or other users, we may suspend your access immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to any Wod Boost as described in this section.