This is an agreement between you and Studio SWEAT onDemand (“we”, “us”, or “our”) that governs your use of the Studio SWEAT onDemand website, including all features, functionalities, and content thereof. Please read these terms and conditions of use and all rules and policies related to the Studio SWEAT onDemand video service (the “Service”) including, but not limited to, any product-specific rules or usage provisions specified on any product detail page, in any link from a product detail page, or on any help or other informational page (collectively, the “Agreement”). You accept and agree to the terms of this Agreement by clicking “I agree” at the end of these terms and conditions.
1. REGISTERED USERS
You must register in accordance with instructions that you will find on this website to obtain access to and Digital Content. There is no cost to become a registered user of the Service. If you elect to become a registered user, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any Registered User Data that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to, or seek to, assign, transfer or sublicense your rights as a registered user, as any such action is strictly prohibited.
2. THE SERVICE
The Service offers digitized versions of video content (“Digital Content”) and other services to registered users under certain terms and conditions as set forth in this Agreement. The Service allows registered users to access and view Digital Content by streaming or downloading a copy of specified Digital Content upon payment for All Access Pass or other specified fees. The Service also allows registered users to access and view certain Digital Content which may be made available by us for viewing without charge.
A. RELEASE OF LIABILITY AND ASSUMPTION OF RISK
In consideration of being allowed to use the Service, you agree that it is your responsibility to consult with a physician prior to and regarding your use of the Service. The risk of injury from the activities depicted in the Digital Content is significant, including the potential for serious injury, permanent paralysis, and/or death. You knowingly and freely assume all such risks, both known and unknown, even if arising from our negligence or the negligence of others, and assume full responsibility for your participation. You represent that you are sufficiently physically fit to use any Digital Content which you choose to use. You, for yourself and on behalf of your heirs, assigns, personal representatives, and next of kin, hereby release and hold harmless Service, its directors, officers, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, and advertisers (“Releasees”), with respect to any and all injury, disability, death, and/or loss or damage to personal property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
B. COMPATIBLE DEVICES
In order to be able to stream or download Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
C. AVAILABILITY OF DIGITAL CONTENT
The specific Digital Content available and amount of Digital Content available will generally change over time. We make no guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available during any particular time period. From time to time, we may add or remove Digital Content from the Service. Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and we will not be liable to you if Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Digital Content on a Compatible Device authorized for such download so that you can view that Digital Content if it becomes unavailable for further download or streaming from the Service.
D. LICENSE TO DIGITAL CONTENT
Subject to your payment of the applicable fee and your compliance with all other terms and conditions we specify for use of Digital Content or the Service, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access, view, use and display the Digital Content for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a health club or gym), even if no fee is charged for viewing the Digital Content. You may not retrieve the Digital Content to create or compile, directly or indirectly, a collection, compilation, database, or directory, or publish any of the Digital Content online, without written permission from us. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (I) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (II.) remove any proprietary notices or labels on the Digital Content; (III.) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (IV.) use the Service or Digital Content for any commercial or illegal purpose.
E. PERSONAL USE ONLY
You may only purchase Digital Content for your personal use unless Studio SWEAT onDemand enters into a separate written agreement with you for commercial use. Sharing the Digital Content with anyone is prohibited. It is your responsibility to keep your password private and secure. If you believe your password may have been obtained by someone other than you, or that there has been any unauthorized use of your account, you must notify us immediately. If we determine that you are abusing your All Access Pass by sharing your account information with others, we reserve the right to cancel your All Access Pass and terminate your account.
F. DOWNLOADING AND RISK OF LOSS
If you are unable to complete a download after having reviewed our online help resources, please contact our customer service department. Once you purchase Digital Content for download and we make the Digital Content available to you, you are responsible for completing the download and for all risk of loss of the Digital Content after download, including any loss due to a computer or hard drive crash.
When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
H. RESERVATION OF RIGHTS
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and/or Digital Content are reserved and retained by us, and we do not transfer any right, title or interest in the Service and/or Digital Content. You do not acquire any ownership rights in Digital Content as a result of streaming or downloading Digital Content.
I. ALL SALES FINAL
All Digital Content sales are final. No full or partial refunds will be issued for any payments that have already been processed.
J. CANCELLATION OF ALL ACCESS PASS
You may cancel your All Access Pass at any time for any reason. After your All Access Pass is cancelled no further payments will be initiated by us. However, no full or partial refunds will be issued for payments processed prior to cancellation.
If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate, and we may, in our discretion, immediately revoke your access to the Service without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and we shall have the right to automatically discontinue your access to Digital Content from the Service.
L. MODIFICATION OF SERVICE
We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time, and we will not be liable to you should we exercise such rights, even if your use of Digital Content is impacted by the change.
M. THIRD-PARTY BENEFICIARIES
Content providers providing Digital Content that you purchase or view on the Service are intended third-party beneficiaries under this Agreement.
3. PRIVACY AND COMMUNICATIONS PREFERENCES
By using our service, you consent to receive certain communications from us. For example, Studio SWEAT onDemand may send you newsletters about new Studio SWEAT onDemand features, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply use your account name and password to unsubscribe or click on the unsubscribe link in our email communications. In addition, by using our service, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., change in password or payment method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Studio SWEAT onDemand and you receive them as part of our Agreement. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. We do not collect personally identifiable information about you unless you provide it voluntarily. Personally identifiable information may include the following: name, e-mail address, mailing address, or telephone number.
4. PARENTAL OR GUARDIAN PERMISSION
Some of the content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website or any content therefrom. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing any Digital Content.
This Agreement applies only to this website, and not to the websites of any other person, firm or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability or content of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
6. THIRD PARTY PRODUCTS AND SERVICES
You may order services, merchandise or other products through our website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs, injuries and/or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
7. DISCLAIMERS OF WARRANTIES
The products, offerings, content and materials on our website are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. Neither we nor any of our licensors, licensees, service providers or suppliers warrant that the Service or any function contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of our website is done at your sole risk and you will be solely responsible for any damage to yourself or your computer system or loss of data that results from the streaming or download of any such product, offering, content or material. Neither we nor any of our licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise.
8. EXPLICIT CONTENT
You understand that by using our website, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use our website at your sole risk, and we shall have no liability to you for content that may be found to be offensive, indecent or objectionable.
We reserve the right to make changes to this Agreement at any time. Any such changes will be posted on our website. Your continued use of the website following any such changes will constitute your acceptance of such changes. If you do not agree with the new terms and conditions your only recourse is to discontinue use of our website and/or cancel your All Access Pass as set forth herein.
10. LIMITATION OF LIABILITY
You expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use our website; (b) the use of any content or other material on our website or any website or websites linked to our websites, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our website; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website; or (f) any other matter relating to our website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing or purchasing any content from our website. If you are dissatisfied with any portion of our website, or with any of the terms of this Agreement, your sole and exclusive remedy is the discontinuation of your use of this website.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents, suppliers, providers, models, or entertainers and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this website or our products, services or offerings, or your violation of this Agreement.
12. INTELLECTUAL PROPERTY
All content included on our website, or delivered to registered users through our website, including, but not limited to Digital Content, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, and data compilations are the property of Studio SWEAT onDemand or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content or other materials provided by Studio SWEAT onDemand on our website, or in connection with the Service, are the exclusive property of Studio SWEAT onDemand and its licensors and are protected by the copyright and trade secret laws in the territories in which Studio SWEAT onDemand operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Studio SWEAT onDemand or its licensors. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Studio SWEAT onDemand, not to insert any code or product or manipulate the content of Studio SWEAT onDemand in any way, and not to use any data mining, data gathering or extraction method.
Studio SWEAT onDemand is a trademark of Studio Sweat, LLC, a California limited liability company. The Studio SWEAT onDemand logo and StudioSWEATonDemand.com are trademarks or service marks of Studio Sweat, LLC. The Studio SWEAT onDemand website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Studio Sweat, LLC. The trademarks, service marks and trade dress of Studio Sweat, LLC may not be used or reproduced without prior written approval from Studio Sweat, LLC and may not be used in connection with any product or service that is not affiliated with Studio Sweat, LLC, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Studio Sweat, LLC, or in any manner that disparages or discredits Studio Sweat, LLC. Other trademarks that appear on the Studio SWEAT onDemand website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsors of Studio SWEAT onDemand. Any images of persons or personalities contained on the Studio SWEAT onDemand website are not an indication or endorsement of Studio SWEAT onDemand or any particular product or our service unless otherwise indicated.
The provisions of this Agreement are severable, and if any such provisions are determined to be invalid or unenforceable, that invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement. You agree that this Agreement is to remain effective as if the invalid or unenforceable provisions had not been included in it.
14. GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the website shall be filed only in the state or federal courts located in San Diego County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.