Terms of Service:
muvly is a online service platform that allows third party fitness instructors and trainers to offer a range of fitness and recreational classes. through the muvly platform you can access these third party products and services. muvly itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes services or facilities accessible through the site.
These terms have been adapted from the WordPress Terms of Service that they kindly made available under a Creative Commons Sharealike license. As such, you’re more than welcome to steal it and repurpose it for your own use as long as you credit Automattic.
Please read this agreement carefully before accessing or using the website. by accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. if you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. if these terms and conditions are considered an offer by muvly, acceptance is expressly limited to these terms. the website is available only to individuals who are at least 13 years old.
- Your muvly.co.uk Account and Site.
If you create a page or profile on the Website, you are responsible for maintaining the security of your page and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the page/profile. You must not describe or assign keywords to your page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and muvly may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause muvly liability. You must immediately notify muvly of any unauthorized uses of your page, your account or any other breaches of security. muvly will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.
If you operate a page, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by muvly or otherwise.
By submitting content to muvly for inclusion on your website, you grant muvly a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your page. if you delete content, muvly will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, muvly has the right (though not the obligation) to, in muvly’s sole discretion (i) refuse or remove any content that, in muvly’s reasonable opinion, violates any muvly policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in muvly’s sole discretion. muvly will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Subscriptions
If you require to take payment for any booking or service through your muvly page a fee will be deducted at point of sale. Optional ‘Power-up’ paid features are available on the Website. By selecting a ‘Power-up’ service you agree to pay muvly the monthly or annual subscription fees indicated for that service. Payments will be charged on the day that you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Power-up service fees are not refundable. You can cancel your subscription to Power-ups with 30-day written notice.
4. Responsibility of Website Visitors.
muvly has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, muvly does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. muvly disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which muvly.co.uk links, and that link to muvly.co.uk. muvly does not have any control over those non-muvly websites and webpages, and is not responsible for their contents or their use. By linking to a non-muvly website or webpage, muvly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. muvly disclaims any responsibility for any harm resulting from your use of non-muvly websites and webpages.
6. Intellectual Property.
This Agreement does not transfer from muvly to you any muvly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with muvly. muvly, muvly.co.uk, the muvly.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with muvly.co.uk, or the Website are trademarks or registered trademarks of muvly or muvly’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any muvly or third-party trademarks.
muvly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. muvly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
muvly may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your muvly.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by muvly if you materially breach this Agreement and fail to cure such breach within thirty (30) days from muvly’s notice to you thereof; provided that, muvly can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
The Website is provided “as is”. muvly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither muvly nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability.
In no event will muvly, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to muvly under this agreement during the twelve (12) month period prior to the cause of action. muvly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10.General Representation and Warranty.
You agree to indemnify and hold harmless muvly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
classes, activities and any other products and services offered via the site are offered and provided by third parties (and the descriptions of the forgoing posted on the site are provided by such third parties), not muvly. you agree that attendance at or use of any such classes, activities, or other products and services is solely at your own risk. in no event shall muvly be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kin, whether based in contract, tort or otherwise, which arises out of or is any service, product or appointment made through the site, or the performance or non-performance of any provider in connection with the services. muvly provides access to independent instructors and trainers’ classes. muvly is not otherwise connected to, nor is an agent of any provider with which a user has made a booking. without limiting anything herein, muvly disclaims all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any class, activities, or other services offered by instructors and trainer via the site.
cancelation fees and refunds for services provided for clients are set at the discretion of the instructor or provider of the class, activity or recreational session you book. these terms will be defined by the instructor, or activity provider on their muvly page.