Important: Please read this Beta Program Term and Conditions (“Beta Program Terms and Conditions”) carefully as it sets out the terms and conditions you must agree to in order to participate in the “Beta Test Program.” We recommend that you also read our Privacy Policy which can be found by clicking here. If after reading all of the Terms and Conditions set out below, you agree to be bound by them then click the “accept” button.

Terms and Conditions:

1. Participant Feedback. You agree to provide reasonable feedback to 30Ninjas LLC, about your experiences using content and features (such as web-based applications and interactive forums) and generally about the usability of the 30Ninjas.com Beta Site. All of your feedback shall be the property of 30Ninjas LLC and may be used by 30Ninjas LLC for any purpose it sees fit.

2. Beta Site. So you can participate in the Beta Test Program, 30Ninjas LLC shall provide you with access to the beta-version of the 30Ninjas.com Web site including but not limited to use of web-based applications, interactive forums and content accessible through such site (collectively, the “30Ninjas.com Beta Site”).

(a) You agree and understand this is not a final released version of the 30Ninjas.com Web site and that all the offerings on the 30Ninjas.com Beta Site are beta test versions for the purpose of testing and may contain anomalies or generate incorrect results;

(b) You agree that there is NO formal customer or technical support for the offerings on the 30Ninjas.com Beta Site;

(c) There is no guarantee of a specific release date or time for the final version of the 30Ninjas.com Web site;

(d) 30Ninjas LLC cannot guarantee the continuous operation of the 30Ninjas.com Beta Site. 30Ninjas LLC shall not be liable for any delay or failure of the 30Ninjas.com Beta Site to perform or to perform correctly; and

(e) upon or at any time or from time to time prior to the completion of the Beta Test Program, all data, information, user profile information, and other Submissions (as defined below) may be deleted, removed or lost from or not maintained by 30Ninjas LLC, whether intentionally or not, and upon or in the event thereof, 30Ninjas LLC shall have no liability or obligation to you whatsoever.

Because this is a Beta Test Program, please be advised that we may suspend or terminate your account and your ability to use the 30Ninjas.com Beta Site or any portion thereof at any time for any reason whatsoever.

3. Ownership of 30Ninjas.com Beta Site. You understand that 30Ninjas LLC or its suppliers shall own all of the 30Ninjas.com Beta Site, including without limitation all intellectual property rights therein. You may not sell, lease, license, loan or otherwise transfer or dispose of your access (including the user id and/or password) to any portion of the 30Ninjas.com Beta Site, except that you may share you access with any family member who is over 13 years of age including any teen child and such teen child’s parent or guardian.

4. Confidential Nature of 30Ninjas.com Beta Site. You acknowledge and agree that:

(a) the 30Ninjas.com Beta Site are the confidential information of 30Ninjas LLC;

(b) the 30Ninjas.com Beta Site are pre-release materials and not intended for public release; and

(c) disclosure of any part of the 30Ninjas.com Beta Site to any third party (other than a family member), including but not limited to any trade or consumer press, news agency or any competitor of 30Ninjas LLC, will cause significant and irreparable harm to 30Ninjas LLC, the extent of which may be difficult to ascertain.

5. Participant’s Warrants and Representations. You warrant, represent and agree that you:

(a) are over 13 years of age and, if you are under 18 years of age, you have obtained the consent of your parent or guardian to participate in this Beta Test Program and use the 30Ninjas.com Beta Site;

(b) will not impersonate any person or entity, nor falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) understand that all the offerings on the 30Ninjas.com Beta Site are intended to be for educational purposes only, and that for specific medical advice, diagnoses, and treatment, you should consult your doctor or other medical professional;

(d) will be respectful of others, and will not (i) post any comments or other communications which may be defamatory, abusive, invasive of another person’s right of privacy, offensive, threatening, and/or harassing of another, or (ii) disrupt, interfere with, or inhibit any other user from using and enjoying the 30Ninjas.com Beta Site, or (iii) is bigoted, hateful, or racially or otherwise offensive, or (iv) is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or (v) otherwise harms or can reasonably be expected to harm minors or any other person or entity in any way;

(e) acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test Program or use of any of the 30Ninjas.com Beta Site;

(f) will not participate in any interactive forum in a manner that (i) does not generally pertain to the designated topic or theme of the relevant forum or (ii) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or (iii) engages in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);

(g) will not market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless expressly allowed to do so by 30Ninjas LLC;

(h) you may not give any public exhibitions or displays using the 30Ninjas.com Beta Site, or use the 30Ninjas.com Beta Site in any manner such that it will mislead another user into believing that they are interacting directly with 30Ninjas LLC;

(i) will use the offerings made available to you through the 30Ninjas.com Beta Site only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Beta Test Program; and

(k) will not misappropriate any of the intellectual property of 30Ninjas LLC or any other party.

We cannot and do not assure that other users are or will be complying with the foregoing “rules of conduct” or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

6. Acknowledgment of Data Collection. You may be requested to provide certain data, including but not limited to personal data, about yourself in order to participate in the Beta Test Program or to use certain of the offerings on the 30Ninjas.com Beta Site. You are free to provide or not provide such requested data or other information, although failure to provide all or any of the requested data or other information may result in termination of your participation in the Beta Test Program and/or a failure or incorrect results in respect of any such offering on the 30Ninjas.com Beta Site. Please refer to our Privacy Policy by clicking for more information about how your personal information will be treated and handled. 30Ninjas LLC cannot guarantee the security of any information you disclose through any of the offerings on the 30Ninjas.com Beta Site; you make such disclosures at your own risk. At the completion of the Beta Test Program, all data and/or other information provided by you may be deleted and not retained by 30Ninjas LLC.

7. Submissions. The word “Submissions” means text, messages, ideas, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the 30Ninjas.com Beta Site. Submissions includes those data, information and/or other materials:

(a) that 30Ninjas LLC expressly requests or enables you to provide via any feature or activity on the 30Ninjas.com Beta Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in contests and promotions); and

(b) that you Distribute on or through the 30Ninjas.com Beta Site for which you do not seek Consideration (such as in in interactive forums).

30Ninjas LLC and all of its licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose any and all Submissions, and 30Ninjas LLC shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, Distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on 30Ninjas.com Beta Sites and other third party sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. You hereby appoint 30Ninjas LLC as your agent with full power to enter into and execute any document and/or do any act 30Ninjas LLC may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by 30Ninjas LLC, you agree not to enforce any such rights as to 30Ninjas LLC or its licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You agree not to Distribute any Submission that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child pornography, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or Distribute any Submission that you do not have a right to Distribute under any applicable law or contractual or fiduciary relationship, or Distribute any Submission that infringes any intellectual property right of any party, or Distribute any Submission that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

Some of the offerings on the 30Ninjas.com Beta Site include interactive features through which Submissions that include personal and/or other information provided by you and/or another participant can be made public to the Internet and shared with users of all ages. You acknowledge that offerings and features offered in the 30Ninjas.com Beta Site are for public and not private communications, and you have no expectation of privacy with regard to any public forum or any Submission. Please be advised that the “member name” you select or create for your user account may be used to identify or credit you as the source of any Submission made by you in perpetuity, even if and after you terminate, delete or remove your user account and registration.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any interactive forum on the 30Ninjas.com Beta Site is at your own risk. For example, 30Ninjas LLC is not responsible for, and 30Ninjas LLC does not endorse, the opinions, advice or recommendations posted or sent by users in any interactive forum, and 30Ninjas LLC specifically disclaims any and all liability in connection therewith.

Notwithstanding anything to the contrary, we owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

8. Claims of Copyright Infringement. 30Ninjas LLC respects the intellectual property of others, and requires that its users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, and if you violate the foregoing, your participation in the Beta Test Program may be terminated.

If you believe your work has been copied and posted on or through the 30Ninjas.com Beta Site in a way that constitutes copyright infringement, please send 30Ninjas LLC’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the 30Ninjas.com Beta Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. 30Ninjas LLC’s Copyright Agent for notification of claimed infringement can be reached as follows:

Mail: Copyright Notification
285 West Broadway, Suite 300
New York City, NY 10013

30Ninjas LLC’s Copyright Agent for notification of claimed infringement can also be reached electronically by: copyrightnotification@30ninjas.com.

9. NO WARRANTIES. THE 30NINJAS.COM BETA SITE, AND ALL APPLICATIONS, INTERACTIVE FORUMS AND CONTENT THEREON, IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, 30NINJAS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, 30NINJAS LLC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE 30NINJAS.COM BETA SITE OR ANY PARTICULAR APPLICATIONS, INTERACTIVE FORUMS OR CONTENTS PROVIDED UNDER THE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF 30NINJAS LLC. FOR ALL USER IDS AND/OR PASSWORDS, AND ALL COMMENTS, CONTRIBUTIONS, COMMUNICATIONS AND/OR OTHER MATERIALS USED OR PROVIDED BY YOU IN CONNECTION WITH OR IN ORDER TO PARTICIPATE IN THE BETA TEST PROGRAM, 30NINJAS LLC MAY EITHER DELIVER A SELF EXPIRING VERSION OF THE SAME AND/OR MAY DISCONTINUE HOSTING OR MAINTAINING THE SAME AT ANY TIME. YOU AGREE THAT 30NINJAS LLC HAS NO LIABILITY FOR SUCH DISCONTINUANCE AND/OR FAILURE TO MAINTAIN. MOREOVER, WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OFFERINGS. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

10. LIMITATION OF LIABILITY AND REMEDIES. You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the entire liability of 30Ninjas LLC and any of its directors, officers, employees, agents, representatives, investors and/or affiliates under any provision of these Beta Program Terms and Conditions and your exclusive remedy for all of the foregoing shall be limited to one hundred dollars (US$100). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event shall 30Ninjas LLC any of its directors, officers, employees, agents, representatives, investors and/or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever.

11. Indemnification. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the 30Ninjas.com Beta Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Term/Termination. These Beta Program Terms and Conditions will be effective from the time you click the “accept” button or commence use of the 30Ninjas.com Beta Site until terminated. You may terminate your account at any time by providing 30Ninjas LLC written notification of your termination by sending an email to . Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of these Beta Program Terms and Conditions or if you fail to provide reasonable feedback in a timely manner. 30Ninjas LLC also reserves the right to terminate your account or the Beta Test Program at any time with or without cause. Any and all provisions of these Beta Program Terms and Conditions and the Privacy Policy that are intended by their nature to survive termination hereof shall survive, including without limitation any and all rights granted to 30Ninjas LLC hereunder in respect of any Submissions.

13. Governing Law and Venue. You agree that the laws of the State of New York shall govern, without regard to conflicts of law principles, with respect to these Beta Program Terms and Conditions, the Privacy Policy, your participation in the Beta Test Program and your use of the Ftsmi.com Beta Site.

14. Acceptance. If you do not agree to be bound by the terms and conditions of these Beta Program Terms and Conditions, do not continue any further. By clicking the “accept” button below or continuing to use the 30Ninjas.com Beta Site, you are once again representing that:

(a) you are over 13 years of age or older and if you are under 18 years of age, you have received the consent of your parent or guardian;

(b) you wish to participate in the Beta Test Program;

(c) you have read this entire Beta Program Terms and Conditions and the Privacy Policy; and

(d) you specifically agree to be bound by all of the above listed terms and conditions and the terms of the Privacy Policy.