Supplemental Terms for Mindbody Virtual Wellness Platform

Last Updated Date: August 25, 2020

These Virtual Wellness Platform terms (“VWP Terms”), together with the overhead agreement which refers to this supplement as being applicable between the Parties (the “Mindbody Terms of Service”), govern your use of the Virtual Wellness Platform. Capitalized terms used in these VWP Terms but not otherwise defined herein will have the meaning given to them in the Mindbody Terms of Service.

1. Content.

  • a. The content on the VWP includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Mindbody or a third-party (collectively, the "Content”).
  • b. Content is the responsibility of the person or entity that provides it to the VWP. Mindbody is under no obligation to host or serve Content, or to continue to host or serve Content.
  • c. If you see any Content you believe does not comply with these VWP Terms, the Mindbody Terms of Service, or the law, you can report it to us by following the process detailed in the Mindbody Intellectual Property Policy.
  • d. You must not submit to the VWP any Content that does not comply with these VWP Terms, the Mindbody Terms of Service, or the law. For example, the Content you submit must not include third-party intellectual property (e.g. copyrighted music) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the VWP, including, but not limited to, your indemnification obligations in the Mindbody Terms of Service. Mindbody may use automated systems that analyze your Content to help detect infringement and/or abuse.

2. License.

  • a. Your License. You retain ownership rights in the Content you provide as described herein.

  • b. License to Mindbody. By utilizing the VWP, you grant to Mindbody a worldwide, non-exclusive, perpetual (unless deleted by you during the Subscription Term), irrevocable, unlimited, royalty-free, sublicensable and transferable license to the Content, including to reproduce, distribute, prepare derivative works, display and perform it in connection with the VWP and Mindbody’s (and its successors' and Affiliates') business through all media now known or hereinafter developed, including for the purpose of promoting and redistributing part or all of the VWP.

3. Intellectual Property Rights.