Terms and Conditions
FITNESSKRIYA TERMS OF USE
FITNESSKRIYA, a brand and its website hosted at www.fitnesskriya.com are owned by M/s WOWMELIVE LLC, USA. These Terms of Use ("Terms") are a binding agreement between you and WOWMELIVE LLC, which operates its business under than name and style of FITNESSKRIYA including its domain, fitnesskriya.com ("FITNESSKRIYA", "We", or "Us"), regarding your use and access to the Service (as defined herein). The Service(s), including, but not limited to all features, functionality and offerings through the website, www.fitnesskriya.com (“Website”), such as subscription plans (“Services”), is/are offered subject to your acceptance, without modification, exclusion or exception, all terms and conditions set forth herein. Any personal data or information which We collect about you is governed by our Privacy Policy (“Privacy Policy”), available at https://www.fitnesskriya.com/privacy-policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy, incorporated by reference into these Terms and together form and are hereinafter referred to as this “Agreement.”
YOU HEREBY IRREVOCABLY ACKNOWLEDGE AND AGREE UNCONDITIONALLY THAT BY ACCESSING THIS WEBSITE OR USING THE SERVICES OFFERED BY FITNESSKRIYA, OR BY PURCHASING ANY PRODUCTS FROM OR THROUGH THE WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. FURTHER, YOU AGREE AND CONSENT THAT FITNESSKRIYA MAY, IN FUTURE, DISPLAY ADDITIONAL TERMS, APPLICABLE, INCLUDING, BUT NOT LIMITED TO FEATURES AND OFFERINGS. ALL SUCH ADDITIONAL TERMS ARE INCORPORATED INTO AND MADE A PART OF THESE TERMS/AGREEMENT. IF YOU VIOLATE ANY OF THESE TERMS, FITNESSKRIYA MAY TERMINATE YOUR RIGHT TO USE THE SERVICES AS WELL AS EXERCISE ANY OTHER AVAILABLE REMEDIES OR RIGHTS. SERVICES OF FITNESSKRIYA ARE ONLY OFFERED TO INDIVIDUALS THAT HAVE COMPLETED 18 YEARS OF AGE AND LEGALLY AN ADULT/MAJOR, AS PER THE LAW AND JURISDICTION IN THE UNITED STATES OF AMERICA.
ACCORDINGLY, BY REGISTERING, CLICKING “ACCEPT”, “CONTINUE”, “SUBMIT”, “PROCEED” “I AGREE” OR SIMILAR BUTTON OR LINK ON OUR WEBSITE, BY ACCESSING, USING, PURCHASING ANY PLAN (AS DEFINED BELOW) OR PARTICIPATING IN THE SERVICE(S) OR ANY PORTION THEREOF, YOU:
(A) ACKNOWLEDGE HAVING READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING THE FITNESSKRIYA PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”);
(B) AGREE THAT FITNESSKRIYA RESERVES THE RIGHT TO MODIFY, ADD OR DELETE TERMS, APPLICABLE, BUT NOT LIMITED TO FEATURES OF THE SERVICES WHEN YOU ACCESS OR USE SUCH FEATURES, IN FUTURE AND WITHOUT PRIOR NOTICE TO THE USER;
(C) AGREE THAT ANY SUBSEQUENT USE BY THE USER OF THE SERVICES FOLLOWING CHANGES TO TERMS OF SERVICE SHALL CONSTITUTE ACCEPTANCE OF ALL SUCH CHANGES;
(D) AFFIRM THAT YOU ARE MORE THAN 18 YEARS OF AGE AND ARE FULLY ABLE, ELIGIBLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THE TERMS OF USE.
IF YOU ARE ACCESSING THE SERVICES OF FITNESSKRIYA ON BEHALF OF AN ENTITY/COMPANY/ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACT AND ACCEPT THESE TERMS ON BEHALF OF SUCH AN ENTITY/COMPANY/ORGANIZATION AND THAT THE SAME WOULD BE BINDING UNCONDITIONALLY TO THE ENTITY/COMPANY/ORGANIZATION THAT YOU REPRESENT.
THE SERVICE THAT WE OFFER:
FITNESSKRIYA operates an online fitness training service through its website, www.fitnesskriya.com that connects qualified professional personal trainers, meditation teachers, yoga trainers (“Teachers”) with users who enjoy attending, practicing and participating in such fitness training programs, for personalized ONE-TO-ONE instruction and training (“Trainings”).
“User” means the natural person or entity who avails or desires to avail Service(s) offered by FITNESSKRIYA, through its Website and has agreed to be bound by this Agreement, including, without limitation and as may be dictated by context, (i) User who has registered and purchased a subscription plan, (ii) Trial User (iii) Enterprise that purchases or otherwise registers for access to the Service (an “Enterprise Purchaser”) on behalf of or for the benefit of that enterprise’s employees or representatives (each, an “Employee User”) (iv) Employee User, who has been provided accesses the Service by the an Enterprise Purchaser.
“You” means the natural person or an entity that has agreed to be bound by this Agreement, including, without limitation and as may be dictated by context, (i) All User(s), including all Trial, Enterprise and Employee User (ii) Teachers.
Individual Trainers create online profiles which feature information about them, including but not limited to their introduction, core competencies and skills, along with workout or yoga photos and an introduction video of themselves, as applicable to the scope of their training. These services, available, include but not limited to a subscription basis, are offered and updated from time-to-time on relevant pages / screens at www.fitnesskriya.com. The scope of your access to the Service and any associated Trainings are determined or otherwise limited by the offering and terms of the selected plan that YOU/USER electronically through the Website or, if you are an Employee User, by the Pricing Plan purchased by the applicable Enterprise Purchaser (as defined below). Certain Services / Offerings may also be provided via third party vendors or hosting partners (such as Daily, Zoom or such other audio/video conferencing platforms, as FITNESSKRIYA may decide to use from time to time).
Some of the Services may, but not necessarily allow a User to access offline / archived digital content, as provided and governed by our Privacy Policy on a non-refundable “Pay Per View” basis, subscription basis, rent, or purchase, as offered in the relevant pages / screens of the website at www.fitnesskriya.com. All such offline / archived digital content purchased upon payment are non-exclusive, non-transferrable, non-sub licensable, limited right and license for personal viewing only by the User. FITNESSKRIYA holds no responsibility, guarantee or liability, whatsoever regarding the resolution and quality of streaming / uploading / downloading digital content.
It is expressly known and understood that:
● FITNESSKRIYA does not own or operate any physical fitness training establishment like a gym, yoga training center or fitness center;
● Teachers are independent freelancers of FITNESSKRIYA;
● FITNESSKRIYA does not itself prepare or deliver training services, and has no responsibility or liability for the acts or omissions of any training program or session conducted by the Teachers, whosoever and whatsoever;
● FITNESSKRIYA will not assess or guarantee the suitability, legality or ability of any workout, practice, training or any other services provided by the Teachers.
If you are a Teacher, you acknowledge having entered into a separate Services Agreement or similar agreement with FITNESSKRIYA governing your engagement by FITNESSKRIYA as a Teacher/Trainer (the “Teacher Agreement”) and that you shall continue to be bound by and shall comply with all terms and conditions of your Teacher Agreement in addition to all applicable terms and conditions of this Agreement.
ACCESS TO SERVICE(S) THAT WE OFFER:
User(s) registering for the Services must be at least eighteen (18) years of age. When a User(s) access the Services, they are solely responsible for compliance with the laws and regulations of their jurisdiction. Subject to your compliance with these Terms, FITNESSKRIYA hereby grants the User, a personal, limited, non-exclusive, non-transferable, revocable license, solely for personal, non-commercial use, to access the Service through the Website on your mobile smartphone device, laptop computer, desktop computer, tablet or such other device that enables you to connect to the internet and access the Website. By using the Service, you represent and warrant that:
● You will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
● You will not access the Service for any illegal or unauthorized purpose;
● You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
● You are not listed on any U.S. government list of prohibited or restricted parties.
FITNESSKRIYA may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including cases and instances if FITNESSKRIYA determines that you have violated any term or condition of these Terms (or, if you are a Teacher, any term or condition of your Teacher Agreement) or, if you are a User and if you fail to pay any amount payable by you hereunder when due. We may modify, terminate, or replace the Website, and/or the Service from time to time in our sole discretion and without prior notice.
The Service(s) is accessible through the website, www.fitnesskriya.com, accessible through any device such as laptop computer, desktop computer, tablet or such other device that enables you to connect to the internet and access the Website. You can use either your cellular service or a WiFi or other internet connection. You acknowledge that you may be charged by your Cellular or WiFi service provider for data services or other applicable third party charges. You agree that You are solely responsible for your use of the Service on your Device (laptop computer, desktop computer, tablet or such other device that enables you to connect to the internet and access the Website), to adhere to terms and conditions, and for all costs arising from or relating to the foregoing as per such the Cellular or WiFi service provider’s terms and policies.
RESTRICTED ACCESS FOR MINORS:
The Service is not intended to be used by any minor individual under the age of 18 years. If a User still permits any minor (i.e. any individual under the age of 18 years) to access or use the Service or participate in any Training, either in connection with his/her own access, use, and/or participation in the Service or any Training, or by granting the access and use of your account to such minor, such User represents, warrants, and covenant thats: (i) The User are the legal guardian of such minor, or otherwise have obtained the consent and approval of such minor’s legal guardian to provide the minor with access to and use of the Service and to permit such minor to participate in the Trainings; (ii) The User shall ensure the safety of such minor while participating in any Training and such minor’s compliance with these Terms at all times during his or her use of the Service; (iii) The User has informed such minor of the terms and conditions of these Terms, and he or she has agreed to access and use the Service, and participate in any Trainings, in strict compliance with the same; (iv) The User shall be solely responsible and liable for such minor’s access to and use of the Service and participation in the Trainings, including, but not limited to any injury or damage to the minor or any other person as a result of such use and/or participation; and (v) The User all waivers, releases, acknowledgments, and assumptions of risk made by you, as a User under these Terms, including as set forth in the “Assumption of Risk; Waiver and Release of Liability” section above, are made both for yourself and on behalf of the applicable minor. FITNESSKRIYA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITIES ARISING OUT OF USAGE OF THE WEBSITE OR THE SERVICE BY ANY MINOR.
REGISTERING FOR THE SERVICE(S):
In order to access or use the Service and to participate in Trainings as a User or as a Teacher, you are required to register with us and create a User account (“Account”). Accordingly, you must submit the required information through the account registration page on the Website, which may include but not limited to (i) A working email address; (ii) Your first and last name; and (iii) A password. We may also ask that you provide additional information so that We can provide you a more customized experience when using the Service, such as, but not limited to your past experience with meditation, personal training or yoga, any medical or physical conditions (such as any chronic/non-chronic health issues, history of surgeries, etc.) that might impact your ability to practice yoga, your fitness goals. All personal information collected by FITNESSKRIYA through this registration process will be protected and used in accordance with our Privacy Policy.
The User shall be responsible for maintaining the confidentiality of his/her information as it relates to the Services and for all activities conducted through the Account, regardless of who conducts those activities, including the username/User ID, password and other credentials associated with your Account. If the User wishes to have someone else use his/her device (laptop computer, desktop computer, tablet or such other device that enables you to connect to the internet and access the Website), it is important that the User always logs out so no other individual will have access to his/her content. THE USER AGREES TO IMMEDIATELY NOTIFY THE COMPANY OF ANY UNAUTHORIZED USE OF HIS/HER USERNAME AND PASSWORD. FITNESSKRIYA HEREBY DISCLAIMS ANY AND ALL LIABILITIES ARISING OUT OF ANY CLAIMS FOR UNAUTHORIZED USAGE OF THE WEBSITE OR THE SERVICE AND IT IS EXPRESSLY KNOWN AND UNDERSTOOD THAT THE USER WILL BE EXCLUSIVELY RESPONSIBLE FOR ANY CONSEQUENCES, WHATSOEVER, WHETHER CONTAINED IN THESE TERMS OR BEYOND.
TRAINING(S):
If you are a User and have registered an Account with us, you can select from the list of Teachers that provide Training and other services via the Service. Notwithstanding the foregoing, your use of the Service and your access to Trainings is subject to the terms or restrictions of your applicable Plan or any free offering or promotion offered by FITNESSKRIYA, including, without limitation, as may relate to the type and frequency of Trainings available to you.
WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU/USER MAY EXPERIENCE DURING YOUR TRAINING, AND YOU/USER ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE AT RELEVANT PAGES OF THE WEBSITE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT EVERYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU/USER MAINTAIN THE RESULTS YOU/USER EXPERIENCE.
ASSUMPTION OF RISK; WAIVER AND RELEASE OF LIABILITY:
You understand that FITNESSKRIYA does not own or operate any physical fitness training establishment like a gym or fitness center. The Services that you, as a User purchase or subscribe are operated and delivered by applicable third-party providers, the Teacher. Although FITNESSKRIYA endeavors to host experienced and qualified Teachers, having expertise in their subject, capable of imparting high-quality training, FITNESSKRIYA is not responsible for the final quality of the service provided by the Teachers. You as a User hereby acknowledge and agree that you understand the nature of Services; that you are capable, in good health, and in proper physical condition to participate therein and avail such Service(s). It is expressly understood that each User is solely responsible to decide whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs and whether or not to purchase/subscribe to the same. You, as a User, understand and affirm that (A) Services provided by FITNESSKRIYA, particularly personal training and yoga may involve vigorous physical exercise and activities that involve an inherent risk of injury; (B) Strenuous physical activity, including where practiced in connection with a Training, tend to increase the risk of various potential injuries, including, but not limited to (i) minor injuries such as scratches, bruises, and sprains; (ii) moderate such as muscle-pull, skeletal injuries due to fall; (iii) major injuries such as joint or back injuries, heart attacks, seizures and concussions; and (iv) catastrophic injuries including, but not limited to paralysis and death. YOU/USER UNDERSTAND AND ACKNOWLEDGE THAT THE DESCRIPTION OF THE RISKS IS NOT COMPLETE AND THAT PARTICIPATING IN THESE ACTIVITIES MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU/USER ACKNOWLEDGE THAT EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY BE MINOR, MODERATE, MAJOR OR CATASTROPHIC, AND THAT YOU/USER ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, YOU/USER, AND YOURSELF ON BEHALF OF YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS AND, IF YOUR ARE AN ENTERPRISE PURCHASER, ON BEHALF OF YOUR EMPLOYEE USERS HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, DISCHARGE ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE AND AGREE NOT TO SUE, OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES, INCLUDING, BUT NOT LIMITED TO FITNESSKRIYA, ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AND AFFILIATE(S), AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, AND ALL TEACHERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS.
Before starting any yoga or other exercise program through the Service, all User(s) should seek the advice of a physician if such a program is right for the User. FITNESSKRIYA is not a medical organization and its teachers or staff cannot give the User any medical advice or diagnosis and therefore, nothing contained in this Service should be construed as any form of medical advice or diagnosis. The User understands that it is his/her responsibility to judge his/ her physical and mental capabilities for such activities.
Do not participate in any Training if you, as a User, if have any physical or medical condition that would prevent you from participating in the Training or that might pose a risk of injury to you. If you experience faintness, dizziness, pain or shortness of breath at any time while participating in any Training, you should stop immediately.
You, as a User must share details relating to your level of fitness and any medical conditions or physical limitations that may impact your ability to participate in any Training, with your Teacher. If FITNESSKRIYA or any Teacher determines, in its sole discretion and subjective opinion, that your participation in any Training or other use of the Service may pose a risk of physical harm to you, We reserve the right to deny access to the Training or Service.
Accordingly, you as a User hereby:
(I) Assume full responsibility for any and all injuries or damage SUFFERED BY YOU OR ANY THIRD PARTY AND which are sustained, aggravated or caused IN CONNECTION WITH YOUR USE OF OR PARTICIPATION in the SERVICE OR ANY TRAINING;
(II) Release and agree to indemnify and hold harmless FITNESSKRIYA, including, but not limited to its direct and indirect parents, subsidiaries, and affiliate(s), and each of their respective officers, directors, members, employees, representatives and agents, and all Teachers, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities, TO THE FULLEST EXTENT PERMITTED BY LAW, arising out of or in any way related to your participation in the Training or use of the Service;
(III) Represent and warrant that you (a) understand that participating in the Training and Service involves strenuous physical activity, and that you are in good health and able to engage in such activity, (b) have no medical or physical condition that may prevent you from properly using THE SERVICE OR PARTICIPATING IN ANY TRAINING, or that would put you or anyone else in physical or medical danger, (c) have not been instructed by a physician to not participate in physical exercise or in the type or intensity of activity contemplated by the Training and Service, AND THAT YOUR PHYSICIAN HAS SPECIFICALLY APPROVED OF YOUR PARTICIPATION IN THE TRAINING AND SERVICE, and (d) are physically and mentally capable of participating in the Training and using the Service as contemplated hereunder, and (e) are availing the services of FITNESSKRIYA and its teachers by your own free will, choice and freedom, and without any pressure or any influence whatsoever.
FITNESSKRIYA DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION. DURING YOUR PARTICIPATION IN TRAININGS OR OTHERWISE AS A USER, GENERAL HEALTH AND FITNESS INFORMATION, DESIGNED FOR INFORMATION PURPOSES ONLY MAYBE SHARED WITH YOU. NOTHING STATED OR POSTED ON THE WEBSITE, STATED BY ANY TEACHER, OR OTHERWISE AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL CARE. YOU/USER SHOULD NOT RELY ON ANY INFORMATION AVAILABLE VIA THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU/USER SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU/USER MAY HAVE READ ON THE SITE OR RECEIVE VIA THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
You, as a User acknowledge and confirm having read, fully understand and agree to the terms of this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by FITNESSKRIYA, including, but not limited to its Directors, Members, Teachers, trainers, independent contractors, freelancers, employees, agents, contractors, affiliates and representatives. YOU, AS A USER UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THE SAME, UNDERSTAND THAT THIS RELEASE IS IRREVOCABLE, CANNOT BE MODIFIED ORALLY, AND YOU/USER ARE FULLY AWARE OF THIS WAIVER AND RELEASE OF LIABILITY'S LEGAL CONSEQUENCES AS A FULL RELEASE OF LIABILITY. You, as a User understand, intend and confirm that your submission of this Waiver and Release of Liability shall also release of all liability to the maximum extent allowed by law to any specific Section of the Civil Code prevailing in the State of your residence within the United States of America (example, If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”).
RECORDINGS:
The Service is interactive, in that it enables User to connect in real-time to Teachers and for Teachers to connect with User to provide the Training Sessions. These Sessions may be recorded for the limited purposes set forth herein. You understand and acknowledge, on your own behalf and, if You are an Enterprise Purchaser, on behalf of your Employee Users expressly consent to audio recording in connection with the Sessions that You participate in through the Service, and to the use and disclosure of such Session Recordings as detailed herein.
ONLY AUDIO recordings of User and both, audio and video recordings of the Teacher for all one-to-one Sessions, in accordance with the company’s Privacy Policy, are stored in digital form. If you are a User, you hereby grant to FITNESSKRIYA, its Teachers, employees and other personnel a perpetual, irrevocable, fully paid-up, royalty-free, worldwide right and license to access, store, view, disclose, and otherwise use the Session Recordings of any Private Session in which you participate.
Copies of all recordings are stored for a period of 2 (two) years from the date of the session.
SUBMISSIONS:
USER SUBMISSIONS:
The Service permits you, as a User to communicate with others, to participate in Session Recordings and to submit feedback, information, data, video, text, messages, or other content or materials in connection with the Service (collectively, "User Submissions"). You are responsible for your User Submissions, including its accuracy, legality, reliability, and appropriateness.
By posting User Submissions on or through the Services, you represent and warrant that:
● You own the User Submissions and have the right to use the same and the right to grant us the rights and license as provided in these Terms;
● The creation, distribution, transmission, public display, posting or performance, and the accessing, downloading, or copying of your User Submissions do not and will not infringe the proprietary rights, including, but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
● The posting of User Submissions on or through the Services does not violate any law or regulation;
● The User Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
● The User Submissions are not defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, sexually explicit, pornographic, obscene, or invasive of another's privacy;
● The User Submissions do not contain any false, inaccurate, or misleading statements or information;
● The User Submissions do not contain any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
Without limiting the generality of the foregoing, you shall not upload, input, or post any User Submissions without authorization, that does or may violate these Terms or applicable laws. FITNESSKRIYA reserves the right, at any time, without prior notice and without limiting any and all other rights We may have, at law or in equity, to (a) modify, refuse, or remove the User Submission(s); (b) revoke the applicable User’s right to use the Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, but not limited to blocking specific IP addresses or deactivating the applicable User’s registration. By posting User Submission(s) using the Services, you grant FITNESSKRIYA the irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide right and license to use, copy, public perform, modify, reformat, translate, excerpt, display, reproduce, transmit and distribute User Submissions for any purpose on and in connection with the Services, including, but not limited to any promotion and other businesses with which We have a commercial relationship.
CONTENT AND SUBMISSIONS FROM OTHER USERS:
Some of our Services and Offerings provide access to content that belongs to other FITNESSKRIYA users, including Teachers and Users. You are not authorized to use this content without that person or organization’s permission, or as otherwise allowed by Law. Further, FITNESSKRIYA is not responsible for and does not control the Content/Submissions from any participant, User or Teacher, including, but not limited to accuracy, completeness, genuineness of the same. YOU UNDERSTAND AND ACKNOWLEDGE THAT FITNESSKRIYA DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR DOES FITNESSKRIYA ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY PARTICIPANT CONTENT. FITNESSKRIYA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, THE CONDUCT OF ANY USER OR TEACHER FOR ANY PARTICIPANT CONTENT. YOU AGREE AND ACKNOWLEDGE THAT FITNESSKRIYA WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MY RESULT FROM YOUR INTERACTION WITH OTHER USERS OR TEACHER(S) ACCESSING OR USING THIS WEBSITE OR SERVICE(S).
LICENSE:
Under the terms of this Agreement, you acknowledge and grant the legal permissions (known as a "License") to use and distribute your User Submissions, in all or such formats as, including, but not limited to text, photos or videos, which may be protected by intellectual property laws such, as copyright or trademarks. You hereby affirm and grant non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content, consistent with our Privacy Policy. This means, for example, that if you share a photo on FITNESSKRIYA, you give us permission to store, copy and share it with others. We may, at our sole discretion, use or permit others to use your User Submissions for such purposes as We deem appropriate, including, but not limited to, commercial purposes, incorporating such User Submissions, or any modification thereof, in whole or part, into any technology, product or service. Notwithstanding anything contained herein, you retain full ownership of your User Submissions and nothing in these Terms takes away your ownership rights to such content. This licence shall end when your content is deleted from our systems and excludes Session Recordings, which shall be used only as specified in the Records section of this Agreement.
FITNESSKRIYA OBLIGATIONS:
At FITNESSKRIYA, We require all of our Users and Teachers to comply with the Terms. While We are not obligated to, monitor, track or scrutinize any communications, data, information, materials, or content, including User Submissions and Participant contents transmitted through or posted to the Website, or the Service, We reserve the right to monitor and review the same for violations, at any time or frequency. FITNESSKRIYA may, at its option and in its sole discretion, remove or delete from the Website, or the Service any data, information, materials, or content (including any User Submissions, Participant Content, or User Messaging) that it determines violates these Terms. Ultimately, We cannot guarantee that all Users will comply with these Terms at all times, and if you, as a User believe that any Content submitted to our Services violates the Terms, or if you know or suspect someone is misusing your User Content. We have the right, but not the obligation, to review and take action or remove any User Content that you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User Content from a variety of sources, and We are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User Content.
RESTRICTIONS:
You, as a User agree to use the Service solely and exclusively for your personal, non-commercial use (except where you are an Enterprise Purchaser purchasing the Service for the benefit of your Employee Users), in accordance with all documentation relating to the Service made available by FITNESSKRIYA (as the same may be updated from time to time), and in accordance with all applicable law. By accepting these Terms, you agree and warrant that as a User, you shall not:
A) Download, record (including screen recording) to distribute any text, video, audio, graphic matter or materials in whole or in part thereof, made available through the Services to any person, whosoever and for any reason whatsoever;
B) Copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute/circulate any content made available to you through the Service, in whole or in part thereof, including, but not limited to, User’s content, User Submissions or Session Recordings for public or commercial purposes;
C) Copy, reproduce, frame, mirror, retransmit, disseminate, broadcast, circulate, or otherwise display/distribute any text, video, audio, graphic matter or materials in whole or in part thereof, on any other server, Website or online/offline/digital platforms whatsoever;
D) Alter, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through the Service, including, but not limited to, Participant Content or Session Recordings;
E) Use any trade name, trademark, or brand name of FITNESSKRIYA in metatags, keywords and/or hidden text;
F) Tamper with or attempt to develop or use any workaround for, any security measures provided or used by the Service;
G) Scrape or access the Service via any bot, web crawler or non-human user;
H) Misrepresent your identity, including, but not limited to creating or attempting to create multiple Accounts for a single User, misdeclaration of age/gender/address, and so on;
I) Stalk or harass any other User, Teacher, Individual or Acquaintance that you may have known while availing the Service;
J) Attempt to gain unauthorized access or tamper with the Service or any related systems, software or networks;
K) Access the Service or relevant pages / screens at www.fitnesskriya.com with an intention to build a competitive product or service, or copy any features, functions or graphics of the Service;
L) Upload, transmit or render any viruses or malicious code, whatsoever.
You shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only and compliance with these Terms.
YOUR CONDUCT:
All Users of the Service, including all Teachers are expected and committed to uphold the highest standards of respect and appropriateness while using the Service, during Sessions and in all communications.
Without limiting other obligations hereunder, as a User when accessing or using the Service (including, but not limited to during any Training), either as a User or as a Teacher, herby affirm and declare unconditionally that you would not engage yourself in:
● Abuse/Endangerment/Bullying/Teasing/Strolling anyone, intentionally or recklessly causing harm to any person or creating a condition that endangers the health and safety of others, whosoever that you might have known during or through the Services of WOWMELIVE;
● Sexual Misconduct or Abuse, which may include but not limited to attempted or actual unwanted sexual activity and attention, or other unwanted sexual advances;
● Behavior that is sufficiently severe or pervasive so as to threaten an individual or substantially interfere with the individual’s privacy, or any other for of harassment;
● Disorderly, disruptive, lewd or indecent conduct, including but is not limited to being visibly or noticeably intoxicated, creating unreasonable noise, yelling, shouting; or creating a physically hazardous or physically offensive condition, using degrading language;
● Behavior that discriminates against other individuals because of such individual’s race, color, religion, sex, handicap, age, national origin, sexual orientation.
The User is prohibited from violating or attempting to violate the security of the Services, including, but not limited to (a) accessing data not intended for such User or logging into a server or account which the User is 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 service to any user, host or network, including, but not limited to such attempts being made via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mail-blasting" 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. Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
PAYMENTS:
FITNESSKRIYA uses a third-party payment service, such as, but not limited to STRIPE to process your credit card. By submitting your credit card information, You as a User grant us the right to store and process your information with the third-party payment service, which may change from time to time. You, as a User hereby agree, affirm and indemnify FITNESSKRIYA for any failures on part of the third party to adequately protect such information, for which, FITNESSKRIYA including, but not limited to officers, directors, members, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees). All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service. You acknowledge that We may change the third-party payment processors and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
FITNESSKRIYA affirms that the credit card submitted for any new Subscription Plan, qualifying for a Free Trial, as further explained, will not be charged until 7 (seven) days, commencing from the date of the such Trial, or upon commencement of the 1st (first) training session (2nd session, including the free trial), whichever is earlier. The selected Service will automatically get activated or renewed after seven (07) days of the Trial or upon commencement of the 1st(first) training session (2nd session, including the free trial), at its then-current or renewal price and credit card will be charged with no further action from you or recourse to you, until canceled, as governed by our Cancelation Policy.
FREE TRIALS:
Your access to the Service pursuant to a Subscription Plan as a User, may but not necessarily be preceded by one (01) free trial (a “Trial”). Such Trial Services would be available to a User only after the start date of any Service(s), once having submitted credit card information and selected the Service plan. You are within your rights, liberty and sole discretion to cancel the Subscription plan or the automatic renewal of the associated Service within seven (07) days of the Free Trial by visiting your account and turning off the auto-renewal feature, or by contacting customer service. If you choose to cancel the Service or not to renew or purchase the Service following the Free Trial, any content or data you have entered will be lost and shall not be recoverable and The User’s ability to schedule and participate in Trainings will cease.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO DETERMINE YOUR ELIGIBILITY FOR SUCH AND ANY FREE TRIAL SESSION/CLASS.
SUBSCRIPTION, PAYMENT AND OTHER FEES:
As consideration for WOWMELIVE’s provision of the Service hereunder, if you are a Usr, you shall pay to FITNESSKRIYA all subscription and other fees applicable to your (or, if you are an Enterprise Purchaser, your Employee Users’) access to and use of the Service (including, but not limited to, your booking or participation in any Training) as set forth herein. Except where you access the Service as part of a Trial, you must have a current valid credit card acceptable to FITNESSKRIYA (“Payment Instrument”) in order to access or make purchases through the Service. By providing a Payment Instrument to FITNESSKRIYA, you as a User, expressly authorize FITNESSKRIYA to charge those subscription and other fees (including sales and other taxes) applicable to your subscription Plan or other use of the Service at the applicable frequency and at the then-current rate to such Payment Instrument. Subscription and other fees applicable to your use of the Service shall be as posted at https://www.fitnesskriya.com/pricing as of the payment due date. All fees are inclusive of applicable taxes charged on providing the Service. FITNESSKRIYA will bill all applicable subscription fees and other amounts in advance and to the Payment Instrument that you provide during registration as a User (or to a different Payment Instrument if you change your Payment Instrument information in your Account or provide us with a different Payment Instrument in connection with a purchase). To the maximum extent permitted by applicable laws, FITNESSKRIYA may change Purchase fees at any time. Reasonable notice of any such pricing changes shall be provided by, means including, but not limited to posting the new prices on or through the Website, Notification under User accounts and/or by sending an e-mail notification, or in other prominent way. You, as a User are within your rights to cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service, in case the revised charges/costs are not acceptable. FITNESSKRIYA affirms that any future change in fees will not affect Sessions that have already been paid for and booked.
ALL FEES HEREUNDER ARE FULLY EARNED UPON PAYMENT AND, EXCEPT AS SPECIFICALLY SET FORTH IN THE CANCELATIONS SECTION BELOW, ARE NON-REFUNDABLE IN FULL OR PART THEREOF.
RENEWALS:
If you, as a User purchase a subscription Plan, your subscription Plan will automatically renew for additional subscription terms of the same length upon expiration of your initial subscription term unless and until you cancel your subscription Plan or We terminate it. IT IS YOUR RESPONSIBILITY AS A USER TO KEEP TRACK OF THE VALIDITY, EXPIRY AND RENEWAL OF YOUR PLAN AND IN CASE YOU DO NOT WISH TO CONTINUE SUBSCRIBING TO THE SERVICES, YOU MUST CANCEL YOUR SUBSCRIPTION PLAN BEFORE IT RENEWS AUTOMATICALLY IN ORDER TO AVOID BILLING OF SUBSCRIPTION FEES FOR THE RENEWAL SUBSCRIPTION PERIOD TO YOUR PAYMENT INSTRUMENT.
CANCELLATIONS:
You, as a user may cancel your Subscription Plan at any time by emailing FITNESSKRIYA at contact@fitnesskriya.com and including the phrase “CANCEL MY ACCOUNT” in the subject line; provided, however, that any such cancellation shall not become effective until the expiration of your then-current subscription term. For more information on our cancellation policy, please see our Frequently Asked Questions page/section/screen at https://www.fitnesskriya.com. If you cancel your subscription Plan, you will continue to have access to the Service (including those Trainings for which you have paid or are otherwise entitled to access through your subscription Plan) in accordance with the terms of your applicable Plan for the remainder of the then-current subscription term. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, FITNESSKRIYA DOES NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO THE SERVICE OR ANY SUBSCRIPTION PLAN, INCLUDING FOR ANY INDIVIDUAL TRAININGS.
SESSION RESCHEDULE:
Notwithstanding the foregoing, you as a User may choose to reschedule an existing appointment with your Teacher without penalty, up to 2-times during a 4-week billing cycle through the Website or by emailing FITNESSKRIYA at contact@fitnesskriya.com and including the phrase, “RESCHEDULE MY APPOINTMENT” in the subject line, 12-hours prior to the scheduled appointment. Such rescheduling request will be subject to acceptance by the Teacher. For more information on making changes to the schedules against your subscription Plan, please see our Frequently Asked Questions page/section/screen at https://www.fitnesskriya.com.
MEMBERSHIP OR SUBSCRIPTION PAUSE:
Notwithstanding the foregoing, you as a User may choose to pause your subscription Plan without penalty through by emailing FITNESSKRIYA at contact@fitnesskriya.com and including the phrase “PAUSE MY ACCOUNT” in the subject line. If you pause your subscription Plan, your subscription Plan will be extended by the number of days the pause was in effect. You may pause your subscription Plan up to 3 times for a duration of 7 (seven) days at a time, within a 12-month period; provided, however, that the cumulative days that your subscription Plan is paused may not exceed 60 days per 12-month period. Your current 4-week billing cycle will be extended by the number of days the pause is in effect.
For more information on canceling, making changes or pausing your subscription Plan, please see our Frequently Asked Questions page/section/screen at https://www.fitnesskriya.com.
ELECTRONIC COMMUNICATIONS:
All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. These electronic communications are part of your relationship with us. You agree that We may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that We provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by by REGISTERING, CLICKING “ACCEPT”, “CONTINUE”, “SUBMIT”, “PROCEED” “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
OUR USE OF YOUR PERSONAL INFORMATION:
Users including Teacher(s) will be required to share certain personal information with FITNESSKRIYA including, but not limited to their name, phone number, email address, photos, videos, other audio/imagery files in order to avail the Service(s). You acknowledge and agree that information collected by FITNESSKRIYA is subject to our Privacy Policy. By accessing, using, or otherwise participating in the Service, consent to all actions We take with respect to r information in compliance and consistent with our Privacy Policy.
INTELLECTUAL PROPERTY:
FITNESSKRIYA INTELLECTUAL PROPERTY:
All materials contained on, in, or available through the Services, including, but not limited to all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. Unless expressly granted herein, all rights in and to the Content is reserved to us and our third-party contributors. It is expressly understood and agreed that all software and other technologies embodied in or used to provide any of the foregoing, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of WOWMELIVE. FITNESSKRIYA expressly reserves all rights, in all of the foregoing, and except as expressly permitted by these Terms, any use including, but not limited to, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
Additionally, “WorkOutWithMeLive” and all associated logos are trademarks that belong to FITNESSKRIYA and protected as its Intellectual Property.
COMMENTS, FEEDBACK AND SUGGESTIONS:
To the extent you provide FITNESSKRIYA with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Website, or the Service (collectively, “Feedback”), you hereby assign and agree to assign to FITNESSKRIYA all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that FITNESSKRIYA will be free to use such Feedback in any manner, including by implementing such Feedback in the Website, the Service, and/or WOWMELIVE’s other technologies, products and services, without compensation or other obligation to you.
DATA USE:
Without limiting any of WOWMELIVE’s other rights hereunder, FITNESSKRIYA shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, but not limited to, usage information, that FITNESSKRIYA learns, acquires or obtains in connection with these Terms, within the scope of its regular business operations, including, without limitation, (i) developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing or improving FITNESSKRIYA software and other products and services, and (iii) marketing, distributing, or otherwise making FITNESSKRIYA products and services available to its customers.
THIRD PARTY APPLICATIONS:
The Service may contain links to or otherwise utilize or allow you to access third party applications and services (“Third Party Services”) that are not owned or controlled by WOWMELIVE. When you access third party websites or Third Party Services, you do so at your own risk. FITNESSKRIYA encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or Third Party Service (“Third Party Terms”) that you visit or from which you access any product or service. FITNESSKRIYA has no control over, and assumes no responsibility for, the content, accuracy, Third Party Terms, or practices of any third-party website or Third Party Service. Your access to and use of such third-party Service is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, but not limited to any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice. You release Us from any liability arising from your use of such websites or Third Party Service.
DISCLAIMER OF WARRANTIES:
THE WEBSITE, AND THE SERVICE (INCLUDING ANY TRAININGS) ARE PROVIDED TO YOU/USER(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED STATUTORY, OR OTHERWISE. ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, TITLE, ACCURACY, RELIABILITY, SERVICE AND NON-INFRINGEMENT ARE SPECIFICALLY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER FITNESSKRIYA NOR ANY PERSON ASSOCIATED WITH FITNESSKRIYA MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO, BUT NOT LIMITED TO THE APPROPRIATENESS, SAFETY, EFFECTIVENESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE SERVICE(S) OR ANY TRAINING, OR THAT THE SERVICE(S) WOULD RESULT IN ANY SPECIFIC HEALTH BENEFITS.
NEITHER FITNESSKRIYA NOR ANY PERSON ASSOCIATED WITH FITNESSKRIYA MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO MEETING YOUR REQUIREMENTS OF THE OFFERED SERVICES, INCLUDING, BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, FLAWLESSNESS, COMPLETENESS, SECURITY, QUALITY, OR AVAILABILITY OF THE WEBSITE OR ANY OTHER FORM OF RESOURCE TO ACCESS THE SERVICE(S). YOU/USER(S) AGREE AND ASSUME ALL RISK AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, SECURITY, QUALITY, AVAILABILITY, PERFORMANCE OF THE SERVICES, THAT DEFECTS WILL BE CORRECTED, THE WEBSITE, OR THE SERVICE (INCLUDING ANY TRAINING) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, WITHOUT LIMITATION. YOU/USER(S) AGREE AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME, UNCONDITIONALLY AND WITHOUT ANY PRIOR NOTICE OR INTIMATION, WHICH WILL BE AT THE SOLE DISCRETION OF WOWMELIVE. YOU/USER(S)AGREE AND ACKNOWLEDGE THAT FITNESSKRIYA WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR, BUT NOT LIMITED TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND SERVICE(S), ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WOWMELIVE.COM.
YOU/USER(S)AGREE AND ACKNOWLEDGE THAT FITNESSKRIYA IS NOT A PROVIDER OF MEDICAL SERVICES AND THAT NOTHING PROVIDED TO OR MADE AVAILABLE TO THE USER(S) THROUGH THE SERVICE, INCLUDING ANY TRAINING OR TEACHER DIRECTION OR INSTRUCTION, SHALL CONSTITUTE MEDICAL ADVICE. YOU/USER(S) UNDERSTAND AND AGREE UNCONDITIONALLY THAT YOUR AVAILING/YOUR USAGE OF THE SERVICE(S) OFFERED BY FITNESSKRIYA AND YOUR PARTICIPATION IN THE SERVICE(S) INCLUDING YOUR ACTIVITIES AND INTERACTION WITH THE TEACHER(S)/OTHER USERS THROUGH THE WEBSITE ARE SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FITNESSKRIYA INCLUDING, BUT NOT LIMITED TO ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, TEACHERS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICE (INCLUDING ANY TRAINING), INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, REGARDLESS OF ITS CAUSE (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, FITNESSKRIYA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT, YOU/USER(S) EXPRESSLY, UNCONDITIONALLY AND IRREVOCABLY AGREE THAT WOWMELIVE’S AGGREGATE LIABILITY TO YOU/USER(S) OR ANY THIRD PARTY WILL BE LIMITED TO A MAXIMUM AMOUNT, CALCULATED AS THE SUM TOTAL OF AMOUNT(S) IF ANY, PAID BY THE USER TO FITNESSKRIYA DURING THE PRECEEDING PERIOD OF SIX (6) CALENDAR MONTHS PRIOR TO THE EVENT DATE OF SUCH THE CLAIM.
INDEMNITY:
You, as a User agree to indemnify, defend, and hold FITNESSKRIYA including, but not limited to its officers, directors, members, employees, agents, licensors, and service providers and their heirs harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from (a) User access to and use of the Service or the Website or User’s participation in any Training; (b) breach of these Terms or of any applicable law, rule, or regulation; (c) your negligence or misconduct; (d) any User Submission posted or uploaded to, or otherwise made available through the Service; and (e) if you are an Enterprise Purchaser, any act, omission, or User Submission posted or uploaded by, any Employee User. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. WOWMWLIVE will make reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification, upon becoming aware of it.
DIGITAL MILLENIUM COPYRIGHT ACT:
FITNESSKRIYA is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
● Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notice should be sent to: contact@fitnesskriya.com. You acknowledge that for FITNESSKRIYA to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
LOCAL LAW; EXPORT CONTROLS:
We control and operate the Service from our headquarters in the United States of America and some or all of the Service may not be appropriate or available for use in other locations. You are solely responsible for following applicable local laws, if you (or, if you are an Enterprise Purchaser, any of your Employee Users) use the Service outside the United States of America. FITNESSKRIYA does not represent or warrant that the Website or Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER:
BY AGREEING TO THE TERMS, YOU/USER AGREE THAT YOU/USER ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU/USER MAY HAVE AGAINST FITNESSKRIYA ON AN INDIVIDUAL BASIS IN ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS AS SET FORTH. THIS WILL PRECLUDE YOU/USER FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST WOWMELIVEFITNESSKRIYA, INCLUDING, BUT NOT LIMITED TO ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AND AFFILIATE(S), AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, AND ALL TEACHERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS WILL ALSO PRECLUDE YOU/USER FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST WOWMELIVEFITNESSKRIYA, INCLUDING, BUT NOT LIMITED TO ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AND AFFILIATE(S), AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, AND ALL TEACHERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BY SOMEONE ELSE.
You, as a User and FITNESSKRIYA agree that any dispute, claim, or controversy between you and FITNESSKRIYA arising in connection with or relating in any way to this Agreement or the Service will be determined by binding individual (not class) arbitration. You, as a User and FITNESSKRIYA further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in Court wherein there is no Judge or Jury in arbitration, and Court review of an arbitration award is limited. You, as a User acknowledge and agree that you and FITNESSKRIYA are each waiving the right to a trial by Jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Either you or FITNESSKRIYA may initiate arbitration proceedings by sending a written communication to the other party. For purposes of this Section, if a notice has to be sent to
FITNESSKRIYA, it had to be emailed to contact@fitnesskriya.com.
You agree that the arbitration proceedings will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. You and FITNESSKRIYA agree that the arbitrator, and not any Federal, State, or local Court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, you agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all State laws to the fullest extent permitted by law. Judgment on the arbitration award may be entered in the respective Court of Delaware, having competent jurisdiction to do so.
ANY CAUSE OF ACTION, GREVIENCE OR CLAIM WHATSOEVER, ARISING OUT OF OR CONCERNING THESE TERMS OR SERVICE(S) MUST BE REPORTED AND COMMENCE WITHIN 06 (SIX) MONTHS AFTER THE CAUSE OF ACTION OR CLAIM OR GREVIENCE OCCURS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM OR GREVIENCE SHALL BE BARRED, PERMANENTLY.
GENERAL
SERVICE AVAILABILITY
You agree and acknowledge that the Website and/or the Service may be temporarily unavailable due to development, maintenance or other activities. FITNESSKRIYA will make reasonable efforts to provide notify you of any such unavailability in advance, but shall not be held liable to you or any other party for any planned or unplanned unavailability or downtime.
FORCE MAJEURE:
FITNESSKRIYA shall not be responsible for any cessation, interruption or delay in the performance of its service(s) and obligations hereunder due to reasons or factors beyond control and unforeseen, such as, but not limited to earthquake, flood, fire, storm, pandemic, State imposed lockdown restrictions, natural disaster, act of God, war, terrorism and armed conflict.
CHANGES TO THE AGREEMENT:
FITNESSKRIYA may update or amend these Terms and pricing/subscription plans as and when required, which would be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Services through the Website, following such posting constitutes your consent to be bound by any amended Terms. If you do not agree with any modification or change to this Agreement, you must cease all use of the Website and the Service.
ASSIGNMENT:
You may not assign or transfer any rights to any other person without WOWMELIVE’s prior written consent. FITNESSKRIYA may transfer, assign, sublicense or pledge in any manner whatsoever, any of Our rights and obligations under these Terms to, including, but not limited to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without any prior notice or User’s consent.
GOVERNING LAW AND VENUE:
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Delaware. Any dispute between the parties that is not subject to arbitration, as stated in these Terms or cannot be heard in small claims court will be subject to trials in the State or Federal courts located in Delaware, USA.
NOTICES:
Except as otherwise set forth herein, any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to FITNESSKRIYA must be sent to contact@fitnesskriya.com. Notices to you will be sent to any email address associated with your Account.
SEVERABILITY AND WAIVER:
If any provision of these Terms of Use is found invalid un-enforceable, or in conflict with the law, by a Court of competent jurisdiction, such part, portion or provision shall be replaced or amended suitably with a provision which, to the extent possible, accomplishes the original purpose of that part or provision. You agree that the Court should try to give effect to the intentions as reflected in such provision(s) and that the other provisions of these shall in full force and effect.
ENTIRE AGREEMENT:
These Terms, together with the Privacy Policy and, if you are a Teacher, your Teacher Agreement, constitute the sole and entire agreement between you and FITNESSKRIYA with respect to the subject matter hereof, and supersede and extinguish all prior and contemporaneous, agreements, representations, understandings, negotiations and discussions between the parties, whether oral or written, regarding such subject matter. Without limiting the generality of the foregoing, the following Sections shall survive any termination of these Terms: “ASSUMPTION OF RISK; WAIVER AND RELEASE OF LIABILITY”; “SUBMISSIONS”; “CONTENT AND SUBMISSIONS FROM OTHER USERS”; “RESTRICTIONS”; “INTELLECTUAL PROPERTY”; “THIRD PARTY APPLICATIONS”; “DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “INDEMNITY”; “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER”; and “GENERAL”.
FITNESSKRIYA MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.
YOU ARE NOT AUTHORIZED TO USE THE SERVICES, IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING ANY MODIFICATIONS OF THE SAME AND YOU MUST NOT ACCESS, USE, OR PARTICIPATE IN THE SERVICE, OR PURCHASE ANY SERVICE OR PLAN (AS DEFINED ABOVE).
CONTACT US:
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at contact@fitnesskriya.com.