Terms Of Service
Terms of Services (“Terms”)
Please read carefully.
1. Description of Services
These Terms are applicable to all users (“user(s)”, “you”) of the www.lottiemurphypilates.com, www.lottiemurphy.com, www.youtube.com/LottieMurphy websites and its content, classes, products and services (individually and collectively the “Services”) operated by Lottie Murphy Pilates Ltd(“us”, “we”, “Lottie Murphy Pilates”).
The Services are solely for users 18 years of age or older.
These Terms govern your use of our Services, including all functionalities, features, streaming content, audio, visual, written media, PDF, website links and user interfaces, and all content and software associated with the Services as provided by us.
These Terms, including all documents referenced herein, represent the entire understanding between us and you regarding your use of the Services and supersede any prior statements or representations.
2. Acceptance and Changes to Terms
We may update these Terms from time to time and if you are a registered user of our Services, we will attempt to inform you of any material changes by email. Otherwise, please check back frequently on this page for any changes as those will apply to you from the time these are posted.
When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may be used only for lawful purposes which is limited to streaming and viewing the Services products, images, content and videos. We specifically prohibit any other use of the Services.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
5. User Information
If you register for the Services, you will be asked to provide certain information including your name, a valid email address and payment details. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
We reserve the right to offer our or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your username and password.
7. Use of Services
We grant you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view the Services content.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of its account information when applicable.
8. Access to Services – Subscriptions & Quality
The Services allow you to access digital content on a monthly subscription basis. The basis on which digital content is available on the Services is indicated on the product detail page for which you may purchase the digital content. You agree to pay all fees and charges associated with your account on a timely basis.
We make no guarantees as to the resolution and quality of the digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
9. Payments & Billing
The digital content available under specific payment plans, subscription, membership, will change from time to time at our sole discretion. We make no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the payment method you designate. You can update or change this information at any time by logging into your account, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
We reserve the right to remove your account and restrict your access to our Services for any reason. If you paid a monthly subscription fee, we will issue you with a refund for the month during which we remove your account or restrict access to our Services, if you have not had a reasonable period to enjoy our Services during this month.
10. Intellectual Property
Lottie Murphy Pilates and any other of our trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Lottie Murphy Pilates, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of Lottie Murphy Pilates and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United Kingdom and other countries.
You agree that Lottie Murphy Pilates owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United Kingdom and other countries.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose save as described under these Terms.
11. Health & Safety Disclaimer
To take part in pilates you must be in good physical health. If you’ve been told on health or medical grounds that you should not take part in physical activity and sport, then you won’t be able to join in with our classes live or on demand.
To take part in any classes in a safe way, you must make sure that the area you use is suitable.
The area must be:
• a flat surface
• clear of any obstacles
• spacious enough for the type of activity
By using the Services – whether live or pre-recorded instructional videos – you agree that it is your responsibility to be aware of your own capabilities and do what you are comfortable with. Medical advice should be sought if you have any doubt. We do not take responsibility for injuries or damages you may suffer by using any of our Services save if caused by our negligence.
It is inadvisable to do pilates between weeks 8 to 14 of pregnancy, unless by special arrangement with your teacher. It is also wise to wait six weeks after the birth before resuming exercise. Lottie Murphy Pilates Services are not specifically tailored for pre or post natal pilates or specific conditions unless specified.
12. Social Networking
Users may have the option to share the Services via Instagram, Twitter, Facebook or other social networking services. Users undertake this option at their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking services. Lottie Murphy Pilates may share content you have shared in regards to the Services.
13. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE SERVICES PROVE DEFECTIVE, WE ARE NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES.
WE ARE NOT RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND OUR CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID FOR THE SERVICES.
14. Limitation of Liability
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
Nothing in these Terms shall limit our liability for death or personal injury caused by our negligence or for any liability that cannot be excluded by law.
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS. WE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
By using the Services you consent to receiving electronic communications from us. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
17. Applicable Law/Dispute Procedures
Use of the Services is governed by English law, and you agree to submit any claim or dispute arising in relation to, out of, or in connection with the Services (and any use you make of any of them or the Services and/or opportunities offered through them) to the exclusive jurisdiction of the English courts.
18. Contact Us
If you have any questions concerning the Services or any of the policies set forth in these Terms, please contact us at email@example.com