Thank you for using our product. The Service is provided by (“provider”): [MERCHANT_NAME], registered number [COMPANY_NUMBER] with offices at [MERCHANT_ADDRESS]. By using our Services, you are agreeing to these terms.
These Terms and Conditions of Use shall be governed by, and interpreted and enforced in accordance with, the laws of [TERMS_GOVERNING_LAW] applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of [TERMS_GOVERNING_LAW], and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this Site.
The Site and the Service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the ”provider” or ”service”) are offered under the terms and use stated in this Terms of Use (these ”Terms”) together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the ”Agreement”). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of [PRODUCT_SITE_NAME] (”you” or ”your”), you agree to the Agreement. You agree the Agreement is a binding contract between you and [MERCHANT_NAME]. (”provider”, ”we”). If you do not wish to be bound to these Terms, then immediately stop using the Site and the Service.
You agree that no contract or
agreement is formed and you
have no rights to the Service, unless and until provider
has agreed to provide you the
Service. You agree that provider may amend or modify the
Agreement at any time, without
prior notice. The changes become effective immediately
upon posting such amended or
modified terms on the Site or if provider otherwise
notifies you of such amended or
modified terms. You agree that, if you use the Site
and/or the Service after provider so
posts or provides such notice of such amendments or
modifications, you have accepted the
Agreement as amended or modified. If you do not accept
and abide by such amended or
modified Agreement, you should not use the Site or the
Service.
We may refuse any application to use the
Services for any reason
whatsoever.
To be able to use our Services, you are required to
create an account with us. In
order
to create an account, we require you to provide
information about yourself: your
email
address and a password, as well as your name,
surname and IBAN or credit/debit card
details. You agree that we may send communications to your
email address for customer
service,
confirmations, newsletters, product offers and
other matters.
Provider is pleased to grant you a non-exclusive
limited
license to use the provider Services, including
accessing and viewing the Content on
a
streaming-only basis through the site, for
personal, non-commercial purposes as set
forth in these Terms. We reserve the right in our sole and absolute
discretion to make changes from time to
time and without notice in how we operate our
service. Any description of how our
service works should not be considered a
representation or obligation with respect
to
how the service will always work. We are
constantly making adjustments to our
service
and often these adjustments are not completely
captured within these Terms of Use.
The Content: You may only access and view the
Content personally and for a
non-commercial purpose in compliance with these
Terms. You may not either directly
or
through the use of any device, software,
internet site, web-based service, or other
means remove, alter, bypass, avoid, interfere
with, or circumvent any copyright,
trademark, or other proprietary notices marked
on the Content or any digital rights
management mechanism, device, or other content
protection or access control measure
associated with the Content including
geo-filtering mechanisms. You may not either
directly or through the use of any device,
software, internet site, web-based
service,
or other means copy, download, stream capture,
reproduce, duplicate, archive,
distribute, upload, publish, modify, translate,
broadcast, perform, display, sell,
transmit or retransmit the Content unless
expressly permitted by provider in
writing.
You may not incorporate the Content into, or
stream or retransmit the Content via,
any
hardware or software application or make it
available via frames or in-line links
unless
expressly permitted by provider in writing.
Furthermore, you may not create,
recreate,
distribute or advertise an index of any
significant portion of the Content unless
authorized by provider. You may not build a
business utilizing the Content, whether
or
not for profit. The Content covered by these
restrictions includes without
limitation
any text, graphics, layout, interface, logos,
photographs, audio and video
materials,
and stills. In addition, you are strictly
prohibited from creating derivative works
or
materials that otherwise are derived from or
based on in any way the Content,
including
montages, mash-ups and similar videos,
wallpaper, desktop themes, greeting cards,
and
merchandise, unless it is expressly permitted by
provider in writing. This
prohibition
applies even if you intend to give away the
derivative materials free of charge. Availability: The availability of the Content will
change from time to time, and
from
country to country. The quality of the display
of the Content may vary from computer
to
computer, and device to device, and may be
affected by a variety of factors, such as
your location, the bandwidth available through
and/or speed of your Internet
connection.
Provider makes no representations or warranties
about the quality of your instant
watching experience on your display. Geographic Limitation: You may instantly watch the
Content through the provider
service
only in geographic locations where we offer our
service and have licensed Content.
The
content that may be available to watch will vary
by geographic location. Provider
will
use technologies to verify your geographic
location.
To use the Services, any device that you want to use
it on
shall meet the minimum requirements of the Site,
i.e.: connection to the internet,
web
browser, JavaScript, Shockwave, Flash.
During the term and for Member Users, the
Service includes (a) a reasonable amount
of
assistance in the use of the Service and
reasonable diagnosing and attempting to
resolve
problems with the use or delivery of the
Service, and (b) updates and revisions to
the
Site and Services that provider elects to
provide to Member Users generally
(collectively, the “Support Services”). Support
Services are only provided during
provider’s regular business hours and exclude
weekends and provider’s holidays.
Provider
may condition the timing and delivery of Support
Services in whatever method or
manner
it chooses, which may include communication via
email or through the live chat
system
through the Site. In order to take advantage of
the Support Services, you may be
required to purchase additional or different
equipment or services from third
parties.
Provider has no obligation to provide any other
assistance, support, maintenance, or
other services or to perform any assistance by
any other method, such as at your
location. If provider, in its sole discretion,
agrees to provide any additional
services, such additional service shall be
governed by these Terms.
During your registration, you may be offered a trial for a small verification fee. If you cancel your
account within the trial period, you will only see the verification charges in your statement. If you
do not cancel your account within this time, your account will be automatically extended to the
membership plan you have selected during registration at the monthly cost advertised.
During the registration to [PRODUCT_SITE_NAME]
,
you may also get the option to instantly purchase a membership plan without a trial period. Your
account will be charged with the monthly fee immediately, with no trial period included, and the
monthly charges will continue automatically until your account is canceled.
By starting your [PRODUCT_SITE_NAME]
membership,
either by selecting a trial or making
the instant purchase of a premium account, you
are expressly agreeing that we are
authorized to charge you a monthly membership
fee at the then current rate, and any
other charges you may incur in connection with
your use of the provider service to
the
Payment Method you provided during registration
(or to a different Payment Method if
you
change your account information). You can use the following Payment Methods:
Credit/debit card or bank account.
Please note that prices and charges are subject to
change with notice. As used in
these
Terms of Use, “billing” shall indicate either a
charge or debit, as applicable,
against
your Payment Method. The membership fee will be
billed at the beginning of the
paying
portion of your membership and each month
thereafter unless and until you cancel
your
membership. We automatically bill your Payment
Method each month on the calendar day
corresponding to the commencement of your paying
membership. In some cases your
billing
date may change, for example if your Payment
Method has not successfully settled or
if
your premium membership began on the day not
contained in a given month. Visit
[PRODUCT_SITE_URL]
to see the date of your next
payment.
Membership charges are fully earned upon payment.
You acknowledge that the amount
billed
each month may vary from month to month for
reasons that may include differing
amounts
due to promotional offers and/or changing or
adding a plan, and you authorize us to
charge your Payment Method for such varying
amounts, which may be billed monthly in
one
or more charges. For certain Payment Methods,
the issuer of your Payment Method may
charge you a foreign transaction fee or related
charges. Check with your bank and
credit
card issuers for details. All the herein
mentioned prices and charges shall be
considered gross prices, and contain all the
taxes, however they do not contain any
commissions or charges you may incur in
connection with the particular chosen
Payment
Method. If you choose to use the particular
Payment Method, you declare acknowledge
and
consent to its terms and use, and you accept
making payment in this manner.
Provider,
within the limits allowed by law, is not
responsible for any inconveniences or
damages
caused by usage of the particular Payment
Method, especially delays or impossibility
to
make payment. In such case you should complain
about those services to their
provider,
in the manner provided by their terms and use.
If the Payment was not accepted
because
of any reasons attributable to provider, please
contact us via e-mail address:
support[at] [PRODUCT_SITE_URL]
. By the acceptance
of
hereby Terms of Use, you declare,
that all the payments shall be made with the
funds from a legitimate source. By the
acceptance of hereby Terms of Use, you consent
to pass your personal data (i.e.:
name,
surname, address, e-mail address and bank
account number) to the provider of any
Payment
Method you chose, for the purpose of making the
payment. Please note that if a
payment
is not successfully settled, due to expiration,
insufficient funds, or otherwise,
and
you do not cancel your account, we may suspend
your access to the premium account
services until we have successfully charged a
valid Payment Method. Internet Access Charges: You are responsible for any
costs you incur to access the
internet. Trial period: If you are eligible, and have signed up
for a trial, your Payment
Method
will be charged the trial fee indicated on the
checkout page. We may also
periodically
authorize your card in anticipation of
membership or related charges. Membership
fees
and charges are fully earned upon payment. At
any time, and for any reason, we may
provide a refund, discount, or other
consideration to some or all of our members
(“credits”). The amount and form of such
credits, and the decision to provide them,
are
at our sole and absolute discretion. The
provision of credits in one instance does
not
entitle you to credits in the future for similar
instances, nor does it obligate us
to
provide credits in the future, under any
circumstance. We may change the fees and
charges in effect, or add new fees and charges
from time to time, but we will give
you
advance notice of these changes by email. If you
want to use a different Payment
Method
or if there is a change in Payment Method, such
as your credit card validity or
expiration date, you may edit your Payment
Method information by visiting our
website
and clicking on the “Your Account” link,
available at the top of the pages of the
provider website. If your Payment Method reaches
its expiration date and you do not
edit
your Payment Method information or cancel your
account (see, “Cancellation” below),
you
authorize us to continue billing that Payment
Method and you remain responsible for
any
uncollected amounts. Credit/debit card registration
In order to increase the safety and security of
every customer who uses our
services,
[PRODUCT_SITE_NAME]
may post a verification
charge to
your credit or debit card. These
verification charges may occur within the first
30 days of the registration period,
as
well as at any point during the duration of the
service. [PRODUCT_SITE_NAME]
may request
the customer to enter this variable amount in
order to verify that he is the
legitimate
and authorized account holder. Should you have
any questions related to these
charges,
please contact us via [PRODUCT_SITE_URL]
or email
us
at:[PRODUCT_SITE_URL]
.
If you have signed up for a trial and do not
cancel your account within the trial
period, your account will automatically be
extended to a premium account. If you
have
made an instant purchase of a premium account,
your account will be charged
immediately,
and the monthly charges will continue
automatically.
Just after a successful registration you will
immediately receive a confirmation
email
containing the details of your subscription:
You may cancel your [PRODUCT_SITE_NAME]
membership
at any
time and you will continue to have access to the
[PRODUCT_SITE_NAME]
service through the
end of your monthly billing period. Please note
that you must cancel your
subscription
before it renews each Monthly Period in order to
avoid the next billing. To cancel
your
account you may go to your account settings and
choose cancel account. You may also
contact us on [PRODUCT_SITE_NAME]
.
To make sure you won’t forget about the change of
your subscription, 24 hours prior
to
the end of your trial period you will be
informed about it via email. The email will
include information about your subscription
(e.g. billing, subscription period,
range of
your subscription plan) and the link that will
allow you to cancel your subscription
if
you decide to do so. If you cancel your subscription, cancellation will
be effective at the end of the
current Monthly Period – this means that you
will have continued access to
[PRODUCT_SITE_NAME]
for the remainder of that
period,
but you will not receive a refund.
FRAUD & UNAUTHORIZED USE: [PRODUCT_SITE_NAME]
is
concerned with your security and
protects you from fraud. In the event of a
charge to your account that you do not
recognize, have not authorized, and that is not
related to yourself neither directly
nor
indirectly, [PRODUCT_SITE_NAME]
will reimburse
you
for the full amount. In case you
experience a fraudulent charge on your account,
please contact our support team:
[PRODUCT_SITE_NAME]
No-refunds: Please note that payments are
non-refundable and we do not provide
refunds
for any partial-month membership periods or
unwatched content. At any time, and for
any
reason, we may provide a refund, discount, or
other consideration to some or all of
our
members (”credits”). The amount and form of such
credits, and the decision to
provide
them, are at our sole and absolute discretion.
The provision of credits in one
instance
does not entitle you to credits in the future
for similar instances, nor does it
obligate us to provide credits in the future,
under any circumstance. After any termination, you understand and
acknowledge that we will have no further
obligation to provide the Site or Services and
all licenses and other rights granted
to
you by these Terms of Use will immediately
cease. Provider will not be liable to you
or
any third party for termination of the Site or
Services or termination of your use
of
either. Upon any termination or suspension, any
content, materials or information
(including user submissions or translated
content) that you have submitted on the
site
or that which is related to your account may no
longer be accessed by you.
Furthermore,
Provider will have no obligation to maintain any
information stored in our database
related to your account or to forward any
information to you or any third party. Any suspension, termination or cancellation will not
affect your obligations to
provider
under these Terms of Use (including, without
limitation, proprietary rights and
ownership, indemnification and limitation of
liability), which by their sense and
context are intended to survive such suspension,
termination or cancellation.
We reserve the right to terminate or restrict your
use of our
service, without notice, for any or no reason
whatsoever. You are entitled to complain about the Services. Any
complaints shall be sent to the
e-mail address: [PRODUCT_SITE_URL]
with a
short description of reasons for
the complaint. Each received complaint shall be
considered within 14 working days,
and
you shall be informed about the outcome of its
investigation.
You and other users must use the provider Services for
lawful, non-commercial, and appropriate purposes only. You agree to observe the
provider
Services, Content and embedding restrictions detailed above, and further agree that
you
will not access the Site or use the provider Services in a way that: Accordingly, you undertake that:
We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the provider Services (including the Content and the devices through which the provider Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that provider may do so in provider’s sole discretion. You also agree that provider will not be liable to you for any modification, suspension, or discontinuance of the provider Services, although provider may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if provider terminates your account or suspends or discontinues your access to provider Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
All Content is owned by the provider (or our
affiliates
and/or third party licensors (as applicable)),
unless indicated otherwise. The
materials
may not be used except as provided for in these
Terms, and any other relevant terms
and
use provided to you without our prior written
permission. You acknowledge and agree that certain Content
provided to you is the property of
third
party licensors and without prejudice to any and
all other rights and remedies
available, each such licensor has the right to
directly enforce relevant provisions
within these Terms against you.
The Site or Services may provide links to websites other than [PRODUCT_SITE_NAME] . Such links are provided for reference only, and provider neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Provider is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
Provider, the provider logo and all other provider product or service marks are trademarks of provider. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any license or right to use, alter or remove such material.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a [PRODUCT_SITE_NAME] instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. [PRODUCT_SITE_NAME] is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing [PRODUCT_SITE_NAME] videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from [PRODUCT_SITE_NAME] , you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against [PRODUCT_SITE_NAME] , or any person or entity involved with [PRODUCT_SITE_NAME] , including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
In no event shall [PRODUCT_SITE_NAME], its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of [PRODUCT_SITE_NAME] secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the [PRODUCT_SITE_NAME] is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that [PRODUCT_SITE_NAME] shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by [PRODUCT_SITE_NAME] or any of its employees. [PRODUCT_SITE_NAME] is not responsible for any third party Content on the Service or third party web page accessed from the Service, nor does [PRODUCT_SITE_NAME] warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.
No communication of any kind between
you and [PRODUCT_SITE_NAME]
or a representative of
[PRODUCT_SITE_NAME]
shall constitute a waiver of any
limitations of liability hereunder or create any
additional warranty not expressly stated in the terms of
use.
[PRODUCT_SITE_NAME] reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.
Provider will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Provider infrastructure or connectivity to the internet or failure at an provider co-location facility (each a ”Force Majeure Event”). Upon the occurrence of a Force Majeure Event, provider will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that provider may reasonably require to recover from the effects of such Force Majeure Event.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. PROVIDER AND ITS SUPPLIERS PROVIDE THE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL: MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.
By accessing and using this website, you confirm that you are at least 18 years old. If you are under 18 years of age, you are not permitted to use this website or its services. By subscribing, you warrant that you are 18 years of age or older.”
Beneficiaries: You are not a beneficiary of any
obligation
provider owes to a third party, and no other
person is a beneficiary of any
obligation
provider owes to you. Relationship: You agree that no joint venture,
partnership, employment, or agency
relationship exists between you and provider as
a result of the Agreement, or the
use of
the Site or Service. Indemnification: You agree to indemnify and hold
provider, its owners, subsidiaries,
affiliates, officers, directors, and employees,
harmless from any claim, demand, or
damage, including reasonable attorneys’ fees,
asserted by any third party due to or
arising out of your use of or conduct in the use
of the Site and/or Service. Severability: If any provision of the Agreement is
held to be invalid or
unenforceable
including, but not limited to, the warranty
disclaimers and liability limitations
set
forth above, then such provision shall be struck
and the remaining provisions shall
be
enforced.
No Waiver: Provider’s failure to act with respect to
a breach by you or others does
not
waive provider’s right to act with respect to
subsequent or similar breaches.
No Assignment: You may not assign or transfer any
right or duty under the Agreement,
including, without limitation, the Service, and
any attempt to the contrary is void.
Integration Amendment: The Agreement is the entire
understanding and agreement
between
you and provider with respect to the subject
matter hereof. When in conflict, these
Terms control over other provisions of the
Agreement. Except as specified herein, no
amendment may be made to the Agreement unless
the same is in writing and signed by
an
authorized representative of provider. Headings: The section titles in these Terms are for
convenience only and have no
legal
or contractual effect. Copies: A printed version of this agreement shall be
admissible in judicial or
administrative proceedings based upon or
relating to this agreement to the same
extent
and subject to the same conditions as other
business documents and records
originally
generated and maintained in printed form.
This agreement shall be governed by and construed in
accordance with the laws of
[TERMS_GOVERNING_LAW].
All legal disputes related to card processing
are
handled under [TERMS_GOVERNING_LAW]
law.