BE MOVEMENT STUDIO™ TERMS AND CONDITIONS
Last Updated: 05/23/2018
The Terms and Conditions (“Terms”) describe how Be Movement Studio (“Company,” “we,” and “our”) regulates your use of this website https://www.bemovementstudio.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
3. THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
4. PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
Trademarks and Copyrights
The material and content is the proprietary information of Be Movement Studio or the third party that provided the content. Be Movement Studio or the third party retains all rights, title, and interest in the content. Accordingly, content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the owning party. Furthermore, you are prohibited from using any of the marks or logos appearing throughout the site or on communications without the express written permission from Be Movement Studio.
This site and its content are protected by U.S. and/or foreign copyright laws, and belong to the company or its partners, affiliates, contributors or third parties. The copyrights for the content are owned by the company or other copyright owners who have authorized their use on this site. You may download and reprint content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other content on the site.
5. THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
6. DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
In no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product or service. Each client/student is responsible for their own decisions, including but not limited to, healing, medical well-being, successful implementation of trainings, and financial gain. Be Movement Studio products, services, and training is considered alternative and does not replace traditional medical care or psychiatric counseling.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, (hereinafter known as the “Indemnified Parties”) for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
8. TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at: firstname.lastname@example.org We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
10. CONTACT INFORMATION
We welcome your comments or questions about this Terms. You may contact us in writing at email@example.com or 25 W. Telegraph Street # Washington, UT 84780
The governing law of the Terms shall be the substantive laws of the country and state where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
Be Movement Studio will, at our discretion, allow for the return of certain products/services. Defective product may be returned within 30 days of the purchase date. Services will vary depending on the type of service purchased. One time payments made for energy healing/coaching services are non-refundable. E-courses or ongoing payment refunds will be provided within 14 days of the purchase price. The customer will lose access to a product, program, support sites, updates, etc. once the refund is issued. The customer needs to request the refund in writing, within 14 days and verify that the request has been received. All sales will be final following the 14 day window and no refunds will be issued.
You agree to use this site for lawful purposes and not to take any action that may compromise the security of the site, render the site inaccessible or otherwise cause damage to the site or content thereof. You agree not to add, subtract from, or modify content, or access any content that is not intended for you. Furthermore, you agree not to use this site for any commercial purpose without our express written consent. This includes, but is not limited to, any type of co-branding or using content for commercial or personal gain.
You agree to use this site for lawful purposes and not to take any action that may compromise the security of the site, render the site inaccessible or otherwise cause damage to the site or content thereof. You agree not to add, subtract from, or modify content, or access any content that is not intended for you. Furthermore, you agree not to use this site for any commercial purpose without our express written consent.
You hereby grant to Be Movement Studio the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this our sites. Including, but not limited to, client and/or student testimonials. By making a submission to us, you guarantee that you have the legal right to post the content in the and that it will not violate any law or the rights of any person or entity.
Be Movement Studio will not intentionally post any material for download that may be harmful to electronic devices. However, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may contain destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
Digital products will be accessible at set weekly days and will vary depending on the product purchased. If a technical glitch occurs, a member of our support team will respond within a reasonable time of 48 hours. We will do our best to correct the technical issue as quickly as possible once it has been identified. By purchasing digital products, you understand that technical glitches may occur, and that they are not grounds for refunds.
Be Movement Studio makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. We do not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected.
Information you Provide
In relationship to part of our site in which students and/or clients may have the ability to post such as FB groups, you agree to the following:
- You may not post, send, submit, publish, or transmit in connection with this site any material that:
- advocates illegal activity or discusses an intent to commit an illegal act or is in violation of any law; is vulgar, obscene, pornographic, or indecent;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; solicits funds, advertisers or sponsors;
- Include programs which contain viruses, worms and/or Trojan horses or other computer code or programs designed to interrupt, destroy, or limit the functionality of our site.
Products and services that are mentioned or linked to our sites or blogs may be products that Be Movement Studio has a financial interest in promoting or has received some other non-financial compensation for.