Last updated: February 12, 2021
Summary: By using MOVIMUNDI you agree to these terms. We also use some terms repeatedly and this section defines them.
Welcome to MOVIMUNDI, an IYOGA LLC product. MOVIMUNDI, together with its associated app, are referred to in these terms as the “Platform”, “MOVIMUNDI“, “we” or “us”. “You” or “your” means you as the user of the Platform (a “User”). You can book, pay for, view and attend classes as a “Student”. You can also create, schedule, stream and host paid classes as a “Teacher” or for the Teachers in your Studio as “Studio Manager”. Classes offered by Teacher(s) may be for individuals or groups and are real time “Live Classes” (each singularly a “Class” and collectively “Classes”).
Your account with MOVIMUNDI
Summary: You must be at least 13 years old to register for an account. If you are under 18 and looking to be a Teacher or book a paid class, please get parental permission. You are responsible for your account.
In order to access the Platform or create an account with MOVIMUNDI, you must be at least 13 years old. If you want to become a Studio Manager or Teacher, or view/join a Class as a Student, you must be at least 18 years old or have your parent or guardian’s express permission. Please be sure your parent or legal guardian has reviewed and discussed these T&Cs with you. You are responsible for providing us with accurate information when creating an account with us on our Platform.
You are also responsible for the security of your account and anything that occurs when someone has signed into your account. Please contact us at firstname.lastname@example.org if you believe your account has been compromised.
Classes on MOVIMUNDI are optimized for the MOVIMUNDI app which is available on Apple’s App Store and Google Play on mobile smartphones and tablets. To get MOVIMUNDI anytime, you can also attend Classes on laptops and PC browsers.
The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access or use the relevant areas or features of the Platform. If there is a conflict between these Terms and the terms or policies applicable to a specific area or feature of the Platform, the latter terms or policies will take precedence unless stated otherwise.
Summary: Do not violate our policies, be abusive towards others, do anything illegal, or engage in any behavior that endangers the security of our Platform and Users.
We do not tolerate objectionable content or abusive Users on the Platform. As a participant in Classes (whether Teacher or Student), you are part of MOVIMUNDI’s community. We hope that you will contribute to and benefit from MOVIMUNDI’s community, and we have created these Community Guidelines to shape and guide the community as it grows.
Above all, we want MOVIMUNDI to be a place where our Users feel safe and supported. With that in mind, please don’t do anything that is the following:
- deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, including self-harm;
- racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- defamatory of any person, obscene, offensive, pornographic, hateful (including promotion of hate speech or violence) or inflammatory;
- provides any medical, financial or other licensed advice, whether or not you have a license;
- uses the Platform for any unsolicited advertising material or spam;
- distributes or otherwise abuses any private information of any third party (including Teachers with access to Student information using it for any purposes unrelated to MOVIMUNDI or doxing);
- makes available any material or content of any type, including videos live streamed on MOVIMUNDI, to Users which does or may infringe any copyright, trademark or other intellectual property, proprietary, or privacy rights of any other person;
- uses the Platform or encourages someone to use the Platform for terrorist activity, money laundering, fraud, gambling or another criminal offense; or
- copies or stores any significant portion of User Content (as defined below) for personal use, unless allowed by MOVIMUNDI.
This list is not exhaustive but gives a good idea of how we want our community to run. Additionally, your access to and use of the Platform is subject to these Terms and all applicable laws and regulations in the jurisdiction where you are accessing the Platform.
We rely on you to report content that you find inappropriate or objectionable. Reporting content is anonymous, so other Users can’t tell who initiated the report request. These Terms apply to Classes and any other content on MOVIMUNDI.
You can report any other User or their content. Reported Users and content are reviewed by the MOVIMUNDI team.
If we, in our sole discretion, determine that the Account and/or User Content (as defined below) are in violation of our policies, we will take action (ranging from a warning to permanently suspending the account and/or ending the Class/deleting/removing any associated content). The User whose content is acted upon will receive an email from us when we take action on the reported account and/or videos, so that they can contact us with any relevant information that they think we have not considered. However, the final decision is always subject to our sole discretion.
MOVIMUNDI also reserves the right to remove or disable access to content or an Account. In most situations, we strive to work with Users to resolve any potential issues or violations and allow the User to continue to use MOVIMUNDI. Terminating an Account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.
Summary: A Studio is an entity managed by Studio Manager. One or more Teachers in the Studio offer Classes to Students. Studio Account is created during Studio Onboarding on MOVIMUNDI. Below are details of Onboarding and payments.
MOVIMUNDI allows Teachers and Studio Managers to schedule and stream Live Classes at a scheduled time. MOVIMUNDI also works with Braintree, a well-established payments processor, to allow Studios to receive fees for their Classes.
As a Studio you will need to apply for a Braintree Merchant Account. Braintree is the payments platform integrated with MOVIMUNDI and all transactions are processed by Braintree.
You will fill out the New Studio Form which will ask you about studio contact data, Braintree Merchant ID, as well as details like pass types and prices at your studio. You will also decide the class types and levels you offer and any other details to customize your studio profile on MOVIMUNDI. After we receive the New Studio Form, the MOVIMUNDI onboarding officer will set up the studio with you.
Students will pay for Classes in the Studio through Braintree, once you set up a Braintree account for your Studio and link a United States bank account to it. Your Studio’s Braintree Account will be linked with the Studio’s profile on MOVIMUNDI during Onboarding process. When you create your Studio on MOVIMUNDI, please provide accurate information and promptly update your details and any other information you provide to us to keep it current and complete. When setting up an account with Braintree, Braintree will require additional information, including, in some cases, your full Social Security number, or your official ID, or your Studio’s EIN.
A Studio can be either paid by a Student for an individual Class when booked by the Student (a “Drop-in Class”) or through a Punch-pass for a designated number of Credits. One Credit lets the Student to book one Class. The Term of the Validity for the Credits is decided by the Studio Owner during the onboarding of the Studio onto MOVIMUNDI.
Punch-passes represents defined number of Credits and allows a Student to take pass-specific number of paid Classes during the pass validity period.
If a Studio account is deactivated by MOVIMUNDI (this is rare), all active Credits will be canceled and Students will be given refunds for the remained classes, if any.
All transactions are processed on an Studio’s individual Braintree account and the Studio Owner has full transparency about the transactions and can decide about the withdrawal or transfer to Studio’s bank account.
MOVIMUNDI may block or hold payments for violations of our policies or for compliance reasons. When payments are delayed or blocked, we try our best to communicate the reason to you promptly. If you have questions about a blocked payment, please contact us at email@example.com.
MOVIMUNDI is not responsible for any taxes you may incur by using the Platform other than as expressly stated. Studios and Teachers are responsible for reporting, filing and paying their own taxes for income derived from the Platform. We do not withhold any taxes from funds earned on MOVIMUNDI, nor do we give advice on filing taxes.
We don’t allow any Classes or content that violate the Terms. If MOVIMUNDI cancels a Teacher’s Class for violation of the Terms, Students will be given Credits for the Class, and the Studio will not be paid for these Credits.
In addition to the Usage Restrictions/Community Guidelines above, there are limits to what is allowed in the Classes:
- You cannot organize or advertise a multi-level marketing scheme, or direct sales business through the Platform;
- You cannot organize or promote a raffle through the Platform;
- You cannot promote or sell anything relating to consumables, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform;
- You cannot offer any financial advice, medical advice, or any other licensed advice;
- We do not allow nudity on the Platform or in any Classes;
- Classes that include anything illegal (child abuse, human or animal abuse etc.) are not allowed.
This list is not exhaustive and might change in the future as technologies evolve. If you have doubts about aspects of your Class, please contact us.
We proactively look at some Classes, Class descriptions and profile pages on MOVIMUNDI to make sure Studios follow our Terms. We also investigate reports of potential violations. These investigations may take a while to resolve. In most situations, we will work with Studios to resolve any potential violations and allow the Studio to continue to use MOVIMUNDI. Terminating a Studio account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.
Your Account cannot be sold or transferred for use by another Studio.
Studio Manager Accounts
Summary: A Studio Manager manages the staff by assigning Teacher role to the Users who shall teach Classes in the Studio. Studio Manager creates Classes for the Teachers in the managed Studio. Below are details of payments.
The Studio Manager role is assigned by MOVIMUNDI Admin during Studio Onboarding process.
The Studio Manager will assign to Users the Teacher role for the Studio.
The Studio Manager can perform all Class related actions as described below in the ‘Teacher Accounts’ section, but the Studio Manager can perform these actions on all Classes in the Studio, while the Teacher can access only own Classes.
The User with Studio Manager privilege can also have the Teacher role.
Summary: A Teacher creates and live streams Classes. Below are details and additional guidelines for Classes held by Teachers.
MOVIMUNDI allows Teachers and Studio Managers to schedule and stream Live Classes at a scheduled time. Teachers can interact with Students during Classes when they are streaming.
If you want to become a Teacher and create and/or post Classes (or become a Student and attend and/or view Classes), simply create an account with us (and accept the Terms) using your email address (your “Account”), and join your Studio in the MOVIMUNDI app. Your Studio’s Studio Manager will assign Teacher role to your Account. This will allow Students to access and attend your Classes and allow you to share your expertise with the world.
You are responsible (to us and to others) for the activity that occurs under your Account. It is important that you keep your Account password confidential. If you know or suspect that any third party knows your password or has accessed your Account, promptly notify us at firstname.lastname@example.org
Creating a Class
Studio Managers and Teachers can create a Class ten minutes or more in the future. The maximum number of Students in the Class is defined by the Type of Class. The Types are defined during Studio Onboarding on MOVIMUNDI. Teacher will be able to see all Students attending the Class, if they choose to switch their cameras on.
Teachers can start a Class by clicking “Start Class” within 15 minutes from the Class’s scheduled start time.
Studio Manager or Teacher can cancel a scheduled class until 15 min before the start of the Class. Class cannot be cancelled if there are already signed up Students.
Editing the Start Time of a Class
A Studio Manager or Teacher can edit the date/time of a Class until 15 minutes before the start of the Class. The date and time of Classes with already signed-up Students cannot be edited.
A Studio Manager can edit the Teacher for a Class until 15 minutes before the start.
Summary: A Student is someone who joins a Class held by a Teacher in a Studio on our Platform. Below are details on payments, refunds, credits, and taxes, among other information for Students.
When you first start the MOVIMUNDI app you will be asked to create an account (and accept the Terms) with MOVIMUNDI. You won’t be asked to add your payment details at that point of time. Only when you will want to book your first class on MOVIMUNDI, then you will be asked to add this information. It will be never visible to any other User on MOVIMUNDI, including Studio Managers and Teachers.
Joining a Studio
When you join a Studio as a Student, your name, email address and MOVIMUNDI profile information are shared with the Studio Manager of that Studio. When you leave the Studio, the Studio Manager will lose access to your data.
Information on Classes
When you sign up for a Class as a Student, your name, email address and MOVIMUNDI profile information are shared with that Teacher.
The maximal number of Students in a Class is decided by the Studio Owner. When you join a Class and enter the live streaming your Camera will be always ON, and your Mic will be muted. You can decide to switch the Camera off if you do not want to be seen, however we strongly encourage you to keep the Camera ON and benefit from individual attention of the Teacher.
In the Class if you choose to stay in Interactive mode (Audio and video enabled) you can interact with both Teachers and other Interactive Students through audio, and your video can be seen by all Students and Teachers if you desire.
Payments and Subscriptions
Students are responsible for paying the published Studio Class Fees in order to attend any paid Classes, as well as any applicable taxes. Class Fees must be paid through the Platform via the Platform’s Payment Processing Service.
You can choose to purchase a Single Class when you book the class, or you can pre-load your Account with Credits by purchasing a punch-pass for a defined number of Credits. The Credits expire after the Validity Period set by the Studio. You can control the Credits and their Expiry Dates on your Account.
If a Student registers for a Class, they have the option to cancel their registration up until 1 hour prior to the start time of the Class with no penalty. If a Student successfully cancels their registration, the Credit used for this Class will be returned to Student’s Account, and can be used for any other Class in the Studio. Our default policy is to issue Credits to Users for cancellations.
Students can join live Classes 15 minutes before the Class starts until any time before the end of the Class. If a Student fails to show up for a Class (a “no-show”), the Credit paid by that Student will be forfeited to the Studio. There will be no Credits awarded in these situations.
Credits & Refunds
We hope you like every Class on MOVIMUNDI. However, if you are unsatisfied with a given Class and let us know about it, MOVIMUNDI will investigate in a timely manner. If the complaint is deemed warranted, we will work with the Studio on your Credit return. MOVIMUNDI reserves the right to approve or deny User refund requests at its sole discretion. If a Student violates these Terms and is removed from a Class before it ends, they will not receive Credits for the unfinished Class. These situations will be handled on a case-by-case basis. We unfortunately cannot be responsible or liable for your loss of internet access or connection and will not give Credits or refunds in these cases.
Taxes and Fees
Depending on your location, you may be subject to relevant taxes in your jurisdiction on top of your total Class charge or Subscription fee. Some banks may also charge you an additional transaction fee for your Class charge. MOVIMUNDI does not control these charges. Please contact your bank for more information.
Other Information on Accounts and Classes
Summary: Information that is relevant for all accounts, including how to delete your account, pricing changes, and other information.
If you want your Account deleted, you will use the Delete function in your profile on the MOVIMUNDI app. Once your Account is deleted, you can’t retrieve any of the Content you added, and your MOVIMUNDI profile will be removed from the Platform.
By creating an account with MOVIMUNDI, or using our Platform, you are not creating an agency, partnership, joint venture, employment, contractor or franchisee relationship with us. You can’t represent yourself as working for MOVIMUNDI and we do not owe you health insurance, pension contributions, etc. Also, by registering for a Class through MOVIMUNDI, no confidential, fiduciary, contractually implied, or other relationship is created with us other than the one created by these Terms.
If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you must be an authorized representative of the business or entity, (c) you agree to these T&Cs on the entity’s behalf, (d) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your Account by others affiliated with your entity, and (e) you and your entity are not on any trade or economic sanctions lists, such as designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).
Descriptions of Classes are provided by the Studio Managers and Teachers. We don’t make any representations about the accuracy of the descriptions and make no warranties whatsoever with regards to the content on the Platform. The Studio Manager and Teacher are solely responsible for the Classes and content being provided as well as the quality of those items. Classes are recorded by default; both the audio and video of the Teacher are recorded, and the audio and video of Students (when their microphone and camera are enabled and turned on) are recorded.
You should not attempt to log in to MOVIMUNDI from multiple devices at once.
Content – Grant of Licenses – MOVIMUNDI Content
Summary: Studio and Teacher can use the MOVIMUNDI logo and other copyrights and trademarks to promote their Classes, but not for anything else without MOVIMUNDI’s permission.
All Platform creations, the “look and feel” of the Platform, and all related intellectual property rights (the “MOVIMUNDI Content”), are either owned or licensed by MOVIMUNDI and are protected by copyright, trademark and trade secret laws. Use of MOVIMUNDI Content or materials on the Platform for any purpose not expressly permitted by these T&Cs is prohibited. We grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to use the MOVIMUNDI logo and other copyrights and trademarks to promote your Classes. MOVIMUNDI Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever unless we give you written permission.
You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk.
We make no representations, warranties or guarantees, whether express or implied, that any MOVIMUNDI Content (or User Content) is accurate, complete or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content posted by you and other Users on the Platform (including User Content).
Studios own the content they (their Studio Managers and Teachers) create on MOVIMUNDI (“Studio Content”). Classes are recorded by default; both the audio and video of the Teacher are recorded (Teacher Content), and both the audio and video of Students (when their microphone and camera is enabled and turned on) are recorded (Class Content). Optionally, the Studio can access the recordings. Studio may then upload Teacher Content onto third-party websites (and such content can be monetized by the Studio), provided that Studios upload the Teacher Content in the format provided and use it otherwise in accordance with these Terms. MOVIMUNDI makes no promises that Studios will be successful in making money from Teacher Content outside of the Platform. However, we do ask that if and when Studios use the Teacher Content off the Platform, they use their common sense as misuse of Teacher Content outside of the Platform could result in privileges to use the Platform being revoked.
Users of the Platform may be permitted to upload as part of Class content through the Platform including any text or photographs (“User Content” and collectively with the MOVIMUNDI Content and Teacher Content, the “Content”).
You or the owner of your User Content still keep full ownership of the User Content sent to us, but by submitting User Content via the Platform, or embedding it on MOVIMUNDI through a third party hosting site, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other Users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. MOVIMUNDI reserves the right to feature your profile or likeness on its website or for promotional purposes.
Any User Content will be considered non-confidential and non-proprietary. Students may not use any part of a Class or any User Content created by Studio Managers or Teachers in any way not authorized by the Studio.
You further grant us a non-exclusive, fully transferable, perpetual royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
By posting User Content on the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with any portion of your User Content.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy
We reserve the right to cut, crop, edit or refuse to publish your content at our sole discretion. We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these T&Cs, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to you. As a Studio, please keep your recorded Classes or User Content if you wish to have permanent access to them.
We make no representations about the accuracy, integrity, appropriateness or quality of any Content and accordingly accept no liability for any Content.
If you wish to complain about information and materials uploaded by other Users, please contact us at: email@example.com.
The rights granted by you for streaming live Content terminate by closing your account, except if (i) MOVIMUNDI used it for promotional purposes, and (ii) for a reasonable time it takes to remove from backup and other systems.
Summary: If you submit ideas to us, we don’t have to compensate you for them if we use them.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to MOVIMUNDI or its employees, you acknowledge and agree that MOVIMUNDI shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
Payment Processing Services
Summary: We use Braintree as our payment processor. By agreeing to these Terms, you agree to Braintree’s terms below (including in the links).
Payment processing services on MOVIMUNDI are currently provided by Braintree (“Braintree Payment Services”). Braintree Payment Services are subject to the Braintree Payment Services Agreement. By agreeing to these Terms, or by continuing to use the Platform including your account on MOVIMUNDI, you agree to be bound by the Braintree Payment Services Agreement, as the same may be modified from time to time by Braintree. As a condition of MOVIMUNDI enabling payment processing services through Braintree, you agree to provide MOVIMUNDI accurate and complete information about you and your business, as well as your Braintree Merchant ID, and you authorize MOVIMUNDI to use it for activities related to your use of the payment processing services provided by Braintree.
Summary: If we are sued because of your use of or conduct on MOVIMUNDI, you have to pay for it.
You agree to defend, indemnify, and hold harmless MOVIMUNDI, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account of these T&Cs or arising out of a breach of your obligations, representations and warranties under these T&Cs.
Summary: We do our best to make sure MOVIMUNDI works as it should, but sometimes things happen.
MOVIMUNDI is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service Studios.
Limitation of Liability
Summary: If you lose money from using MOVIMUNDI, any payment to you is limited to the amount of money we have earned through your use of MOVIMUNDI.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of MOVIMUNDI. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of MOVIMUNDI. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
Arbitration and Dispute Resolution
Summary: If you have an issue please contact us – if a dispute does arise, you are limited in how you can resolve it. You waive your right to trial by jury and your right to participate in a class action proceeding.
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of the Platform, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
For Teachers and Students who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.
This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with MOVIMUNDI.
Summary: You are aware of the risks of exercising and participating in, or instructing, Classes. Please check with a healthcare professional to ensure you are healthy enough to be in a Class. These classes are not medical advice. You hold MOVIMUNDI harmless for any issue that may arise from your use of MOVIMUNDI or participation in Classes. We are also not responsible for Classes held outside of our Platform.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY REGISTER FOR, ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING MOVIMUNDI (AS EITHER A STUDENT OR A TEACHER), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING MOVIMUNDI (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN, INSTRUCTING, OR USING A CLASS) AND TO DETERMINE IF AND HOW USING MOVIMUNDI IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL. THE USE OF ANY CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH MOVIMUNDI IS SOLELY AT YOUR OWN RISK.
MOVIMUNDI MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS AS TO OUR WEBSITE’S ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH MOVIMUNDI‘S WEBSITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS MOVIMUNDI, ITS AFFILIATED ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND OR/USE OF ANY CLASS (INCLUDING THOSE HELD OUTSIDE OF MOVIMUNDI), INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
Summary: Any disputes with us must be resolved in the Seattle, Washington under Washington law.
These T&Cs and all other MOVIMUNDI policies are governed by the laws of the state of Washington, excluding its conflict of law’s provisions. If a lawsuit does arise, both you and MOVIMUNDI agree that all claims and disputes regarding the T&Cs or the use of the Platform will be litigated exclusively in the United States, state of Washington, and the venue for any such action shall be Seattle, Washington.
Summary: Everything else!
- Entire Agreement, Severability. These Terms and any referenced policies in the Terms are the entire agreement between you and us and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
- Links. You may link to our home page, in a fair and legal manner and in a way that does not damage or take advantage of our reputation. Do not establish a link that suggests any form of association, approval or endorsement on our part where none exists. Do not establish a link to our Platform in any website that you don’t own. The website in which you are linking must comply in all respects with the content standards set out at “Community Guidelines” above. We reserve the right to withdraw linking permission without notice.
- California Consumer Rights Notice. Under California Civil Code Section 1789.3, California Users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml. Users of the Platform who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by emailing us at firstname.lastname@example.org. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
- Changes to the T&Cs. We amend these T&Cs and other policies from time to time. We will use commercially reasonable efforts to notify you of any material changes to these T&Cs, such as through a notice on our Platform; however, you should read these T&Cs regardless. We will also update the “Last Updated” date at the top of these T&Cs when they are updated. If you continue to use the Platform after the date of the new T&Cs, this means that you accept the new T&Cs.
You can reach us at email@example.com