How Content, User-Generated Content and MyFitnessPal Content are defined
'Content' covers all content and materials made available through the Services, including images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts and other files, and their selection and arrangement. 'User-Generated Content' is any Content that you or another user makes available in connection with the Services, whether privately or publicly posted. 'MyFitnessPal Content' is all Content that is not User-Generated Content. Because User-Generated Content includes material posted privately, the license and responsibility terms that attach to it are not limited to public posts.
Supporting quotations
“Content” is all content and materials made available through the Services, including without limitation, images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts, and other files, and their selection and arrangement.
“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.
“MyFitnessPal Content” means all Content that is not User-Generated Content.
Qualifications & exceptions
User-Generated Content includes content made available privately as well as publicly posted.
MyFitnessPal Content is defined by exclusion: all Content that is not User-Generated Content.
Content & IP Rights · Restriction or exception
MyFitnessPal and its licensors own MyFitnessPal Content and the Services
MyFitnessPal Content, and the copyright, trademarks, design rights, patents and other intellectual property rights in it and in the Services, are the sole property of MyFitnessPal and/or its licensors. Unauthorized use of its trademarks, trade dress, copyrighted materials or other intellectual property or goodwill is prohibited. Except as otherwise specified in the Terms, no licenses, express or implied, are granted under its patents, copyrights, trademarks, trade secrets or other intellectual property rights, and all such rights are reserved.
Supporting quotations
MyFitnessPal Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) therein and in the Services are the sole property of MyFitnessPal and/or its licensors.
Except as otherwise specified herein, no licenses, express or implied, are granted by MyFitnessPal to you under any patent, copyright, trademark, trade secret, or other intellectual property right of MyFitnessPal and all such rights are reserved and retained by MyFitnessPal.
Qualifications & exceptions
No licenses are granted other than as otherwise specified in the Terms (for example the personal license to use the Services).
Content & IP Rights · Permission or license
Your license to use the Services is personal, limited and revocable
Subject to your compliance with the MyFitnessPal Terms, MyFitnessPal grants you a limited, revocable, personal, non-transferable and non-exclusive license to access and use the Services and MyFitnessPal Content for your own personal, noncommercial purposes. The license depends on you not copying, modifying, creating derivative works from, reverse engineering, selling, assigning, sublicensing, granting a security interest in, transferring or otherwise commercially exploiting any right in the MyFitnessPal Content or Services. If open source or third-party code is incorporated in the App, the applicable open source or third-party license covers that code.
Supporting quotations
Subject to your compliance with the MyFitnessPal Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and MyFitnessPal Content for your own personal, noncommercial purposes
provided that you do not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the MyFitnessPal Content or Services.
If any open source or third-party code is incorporated in the App, such open source or third-party code is covered by the applicable open source or third-party license, if any, authorizing use of such code.
Qualifications & exceptions
License is conditional on compliance with the MyFitnessPal Terms.
Purpose is limited to your own personal, noncommercial use.
Open source or third-party code in the App is governed by its own license, if any.
Content & IP Rights · Permission or license
You give MyFitnessPal and its users a broad, perpetual license to your User-Generated Content
When you provide User-Generated Content to MyFitnessPal through the Services, you grant MyFitnessPal and its users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide license to use, host, store, cache, copy, reproduce, publish, display, perform, distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of and otherwise process that content, in all media and distribution methods now known or later developed, in connection with any and all Services. Because User-Generated Content includes anything you make available in connection with the Services, whether privately or publicly posted, this license is not limited to public posts. The license runs to MyFitnessPal and 'our users', not only to MyFitnessPal.
Supporting quotations
When you provide User-Generated Content to MyFitnessPal through the Services, you grant us and our users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, copy, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of, and otherwise process, in all media and distribution methods now known or later developed, such User-Generated Content in connection with any and all Services.
Qualifications & exceptions
Covers use 'in connection with any and all Services'.
Perpetual and irrevocable as stated; no end date or termination for deletion is given in this passage.
Granted to MyFitnessPal and its users, with the right to sublicense.
Not stated here
The passage does not say whether the license ends when you delete content or your account; other sections of the Terms say removed content may remain viewable or copied.
Content & IP Rights · Restriction or exception
No credit or payment for use of your User-Generated Content
You acknowledge and agree that MyFitnessPal can arrange the posting of User-Generated Content in any way it desires, that it has no obligation to give you credit when using your User-Generated Content, and that you are not entitled to compensation or other payment in connection with its use.
Supporting quotations
You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
Content & IP Rights · Company commitment
Use of your User-Generated Content must be consistent with the Privacy Policy
Despite the broad license, MyFitnessPal says it will not make use of any of your User-Generated Content in a manner that is inconsistent with its Privacy Policy. This is a commitment that ties the license to the separate Privacy Policy, whose text is not part of this document, so the card cannot say what that policy permits or forbids.
Supporting quotations
Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.
Qualifications & exceptions
The commitment applies 'notwithstanding the above', that is, it qualifies the license you grant.
Not stated here
The Privacy Policy text is not supplied in this saved document, so what 'consistent with our Privacy Policy' allows or prevents is not described here.
MyFitnessPal can review, edit, store or remove User-Generated Content for any reason
MyFitnessPal reserves the right, without any obligation, at any time and for any reason to monitor, review, prescreen, edit, redact, otherwise modify, reorganize or recategorize User-Generated Content from the Services, and to archive or otherwise store any User-Generated Content. It also reserves the right to remove, modify or restrict your access to User-Generated Content for any reason and at any time, including content it believes violates the Terms, the Community Guidelines or its policies. User-Generated Content includes anything you or another user makes available in connection with the Services, privately or publicly posted.
Supporting quotations
We reserve the right, but do not have the obligation, to, at any time and for any reason: monitor, review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content from the Services; and archive or otherwise store any User-Generated Content.
We also reserve the right to remove, modify, or restrict your access to User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.
“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.
Qualifications & exceptions
The rights are reserved but MyFitnessPal has no obligation to exercise them.
Covers User-Generated Content privately made available as well as publicly posted.
Content & IP Rights · Restriction or exception
You warrant you own or may share your content and that it infringes no one's rights
You agree to respect others' intellectual property rights. By providing User-Generated Content you represent and warrant that you are its creator and owner, or that you otherwise have all legal rights, permissions and consents needed to provide it as contemplated by the Terms and to grant MyFitnessPal the license described. You also warrant that your User-Generated Content and all other information you provide to MyFitnessPal does not infringe, misappropriate or otherwise violate any third party's intellectual property rights, privacy rights or other proprietary rights.
Supporting quotations
You agree that you will respect the intellectual property rights of others.
By providing User-Generated Content, you represent and warrant that you are the creator and owner of the User-Generated Content or that you otherwise have all the legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms and to grant MyFitnessPal the foregoing license.
You also represent and warrant that your User-Generated Content and all other information provided to us does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary rights of any third party.
Qualifications & exceptions
The no-violation warranty covers your User-Generated Content and all other information provided to MyFitnessPal.
Content & IP Rights · Permission or license
Feedback you give is treated as User-Generated Content under the same license
Feedback, comments, ideas, proposals and suggestions for improving the Services that you choose to provide are called Feedback. Feedback is considered User-Generated Content and is subject to the terms above, so the license you give MyFitnessPal for User-Generated Content (perpetual, irrevocable, sublicensable, worldwide, including commercial exploitation) covers it.
Supporting quotations
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”) you choose to provide. Feedback is considered User-Generated Content and is subject to the terms above.
you grant us and our users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license
No modifying, selling or copying MyFitnessPal Content
Except as expressly permitted by applicable law or specifically authorized by MyFitnessPal, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or any MyFitnessPal Content, in whole or in part. You may not download, copy or save MyFitnessPal Content except as expressly permitted by the functionality of certain Services. MyFitnessPal Content is all Content that is not User-Generated Content.
Supporting quotations
Except as expressly permitted by applicable law or specifically authorized by MyFitnessPal, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or any MyFitnessPal Content, in whole or in part. You may not download, copy, or save MyFitnessPal Content, except as expressly permitted by the functionality of certain Services.
“MyFitnessPal Content” means all Content that is not User-Generated Content.
Qualifications & exceptions
Exceptions: expressly permitted by applicable law, specifically authorized by MyFitnessPal, or permitted by the functionality of certain Services (for downloading, copying or saving).
Content & IP Rights · Restriction or exception
Personal, non-commercial use only; no collecting Content for competitive analysis or product development
Except for certain products and services provided through MyFitnessPal-branded tools for website owners (for example APIs), called the Commercial Tools, the Services are intended only for personal, non-commercial use. You may not collect, harvest or use Content, data or information made available through the Services for purposes MyFitnessPal has not explicitly authorized, including commercial exploitation, competitive analysis or research and development of your own products or services. You also may not use the Services, other than the Commercial Tools, to sell a product or service, drive traffic to your own or a third-party website for commercial reasons (such as advertising sales), or otherwise try to earn revenue. Commercial use other than through the Commercial Tools requires a separate agreement with MyFitnessPal in advance, and using the Commercial Tools means you also accept the Terms and any additional terms for those services.
Supporting quotations
The Services, with the exception of certain products and services provided through MyFitnessPal branded tools for website owners (e.g., APIs) (collectively, the “Commercial Tools”), are intended only for your personal, non-commercial use.
You may not collect, harvest, or use any Content, data, or information made available via the Services for any purposes not explicitly authorized by us, including but not limited to commercial exploitation, competitive analysis, or research and development of your own products or services.
You shall not use the Services (other than certain Commercial Tools) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue.
If you seek to make commercial use of the Services other than through the Commercial Tools, you must enter into a separate agreement with us to do so in advance. By using any of the Commercial Tools, you acknowledge and agree to the MyFitnessPal Terms and any additional terms and conditions applicable to those select Services.
Qualifications & exceptions
Commercial Tools (such as APIs for website owners) are the stated exception.
Other commercial use requires a separate agreement in advance.
Use of Commercial Tools is subject to the Terms and any additional terms for those services.
Not stated here
The additional terms for the Commercial Tools are not part of this text.