IMPORTANT –THESE TERMS OF USE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND TURN’D UP FITNESS, (“TURN’D UP FITNESS” OR “WE”) OWNER OF TURN’D UP FITNESS, OTHER RELATED WEBSITES, SUBDOMAINS AND THE TURN’D UP MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”), AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE (THE “CONTENT”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY USING THE SITE OR ACCESSING ITS CONTENT, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH GOVERN YOUR USE OF THE SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE WITH ANY TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device. Any distribution, publishing or exploitation of the Site, or any Content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Turn’d Up Fitness or the applicable rights holder. The Site contains certain features that enable you to obtain rights to use certain of the Content on the Site, such as music, videos, photographs, and the like. In such situations, your rights to use such Content are strictly limited to the rights expressly granted by Turn’d Up Fitness in such situations. You may not otherwise copy, reproduce, distribute, publicly display, sell, create derivative works from, decompile, reverse engineer, disassemble, or otherwise exploit any Content, code, data or materials on the Site including, but not limited to, any music, videos, or photographs. If you make other use of the Site, or the Content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Turn’d Up Fitness will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The use and accessibility of certain portions of the Site are only available to members of our Turn’d Up Fitness® Instructor Network who receive materials through the Turn’d Up Fitness platform or any other platform made available to them. These portions of the Site, which include, but are not limited to, the TURN’D UP FITNESS™ platform, are only accessible to Members who are eligible and remain in good standing. In the event a person cancels or fails to renew his/her TURN’D UP FITNESS™ Membership, or, if such membership lapses or is terminated for any reason, access to these portions of the Site will be immediately disabled and any content contained therein (including, for example, access to music and choreography videos) will no longer be accessible to that person.
By using the Site, you will be deemed to have irrevocably agreed to the Terms. Some portions of the Site may be subject to additional terms that will be available for your review prior to accessing these portions of the Site. Such additional terms, which are incorporated herein, will not change or replace these Terms, unless otherwise expressly stated.
Turn’d Up Fitness reserves the right to modify, alter, update, or remove portions of the Terms at any time without notice, so please check the Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. Turn’d Up Fitness’s failure to enforce these Terms at any time for any reason shall not be construed as a waiver of its right to enforce them at a later time.
1. How to Contact Us
This Site is controlled and operated by Turn’d Up Fitness. Please forward any comments or complaints about the Site or any Content to [email protected] .
2. Community Conduct
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource or Content contained on the Site.
You agree not to (a) sell any non-Turn’d Up Fitness products; (b) send spam or promote any non-Turn’d Up Fitness event, materials, companies, or products; (c) transmit negative/harmful messages about any person, facility, or company; (d) link to any inappropriate websites or videos; (e) mention any copying of music or videos, which would be in violation of copyright laws; (f) take any action intended to threaten, intimidate or harass any other user of the Site, or which is abusive, objectionable, harmful, illegal, hateful or sexually, racially or ethnically discriminatory; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (h) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (i) conduct commercial activities and/or sales of any kind without our prior written consent; (j) promote an illegal or unauthorized copy of another person’s copyrighted work, provide information to circumvent manufacture-installed copy-protect devices, or provide pirated music or links to pirated music files; or (k) impersonate any person or entity or attempt to gain unauthorized access to Turn’d Up Fitness’s or any other person’s computers, software, or data.
Turn’d Up Fitness will remove from the Site any messages Turn’d Up Fitness deems as inappropriate. Turn’d Up Fitness reserves the right to make all final decisions as to what is considered proper and improper.
Turn’d Up Fitness® reserves the right, without notice, to prohibit use of the Site by any user who, in our sole discretion, violates the Terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues. Turn’d Up Fitness has no obligation to monitor the Site or the Content and are not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.
Turn’d Up Fitness reserves the right to investigate suspected violations of the Terms, including gathering information from the user or users involved and the complaining party. You hereby authorize Turn’d Up Fitness and its agents to cooperate with (a) law enforcement authorities in the investigation of suspected criminal violations; and (b) system administrators at Internet Service Providers or other network or computing facilities, or other third parties, in order to enforce the Terms. Such cooperation may include the disclosure of personally identifying information. BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS TURN’D UP FITNESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF TURN’D UP FITNESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.
Users of all ages are welcome to browse the Site however, you may only establish an account if you are at least 16 years of age. In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
3. Privacy
Please see our Privacy Policy which is hereby incorporated into the Terms.
4. DISCLAIMERS AND WARRANTIES
Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TURN’D UP FITNESS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEITHER TURN’D UP FITNESS NOR THE SITE PROVIDES MEDICAL ADVICE. THE SITE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
TURN’D UP FITNESS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE, INCLUDING IN ANY MATERIALS. RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE, THE MATERIALS, OR ANY TURN’D UP FITNESS EMPLOYEES OR OTHERS APPEARING ON THE SITE OR IN ANY MATERIALS IS SOLELY AT YOUR OWN RISK.
Turn’d Up Fitness does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.
5. TURN’D UP FITNESS’S USE OF CONTENT
You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, such as Instagram, Twitter, Facebook and Pinterest, that are associated with hashtags related to Turn’d Up Fitness, (“Submissions”). Such Submissions may be used on the Site and/or on other Turn’d Up Fitness marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.
All Submissions are treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you grant, and represent and warrant that you have the right to grant, Turn’d Up Fitness, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights therein and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Pinterest and Google’s terms of use.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Turn’d Up Fitness, our vendors, and third parties such as Instagram, Twitter Inc., Facebook, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Turn’d Up Fitness reserves the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Turn’d Up Fitness, and we do not endorse any such opinions, statements, or materials.
You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site (“Feedback”) shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback for any reason.
Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.
6. LINKS TO THIRD PARTY WEBSITES
The Site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the Site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.
7. Indemnity
You agree to indemnify, defend, and hold harmless Turn’d Up Fitness Fitness, its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable legal fees) that arise directly or indirectly out of or from: (a) your breach of these Terms or of any representation or warranty made by you in these Terms; (b) any Submissions you make; and/or (c) your activities in connection with the Site or Content.
8. APPLICABLE LAWS AND JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Turn’d Up Fitness controls the Site (excluding third party linked sites) from our corporate offices in Wales, UK. We make no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of the UK, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”). You also agree to submit to the exclusive personal jurisdiction and venue of Cardiff, UK or of any federal court located in UK for resolution of any and all Disputes related to the Site or Content.
You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.
In the event we incur legal fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.
9. COPYRIGHTS AND TRADEMARKS
The Site and Content are the property of Turn’d Up Fitness Fitness, and its licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Turn’d Up Fitness Fitness, on the Site or elsewhere are reserved to Turn’d Up Fitness Fitness, and its licensors.
The Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.
If you believe any Content infringes your copyright, please provide Turn’d Up Fitness with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and/or video content you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Counter notification, as permitted by applicable law and may be sent to Turn’d Up Fitness’s email: [email protected].
10. TERM AND TERMINATION
These Terms and your right to use the Site will take effect at the moment you install, download, access, or use the Site or Materials and is effective until terminated as set forth below. These Terms will terminate automatically if you fail to comply with any of the terms and conditions described herein. Turn’d Up Fitness also reserves the right to terminate these Terms (including any registered account) at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of these terms, or in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Turn’d Up Fitness shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms. Turn’d Up Fitness shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of these Terms in accordance with this Section. You may also terminate this Agreement at any time by ceasing to use the Site. But, all applicable provisions of these Terms will survive termination, as outlined below. Any licenses from Turn’d Up Fitness and any right to use the Site shall immediately cease upon termination of these Terms. The provisions concerning Feedback, Turn’d Up Fitness’s ownership rights, the user content license grant, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms for any reason.
11. MOBILE SERVICES
The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Turn’d Up Fitness, and access certain other features (collectively, “Mobile Services”). By using the Mobile Services, you agree that Turn’d Up Fitness may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Turn’d Up Fitness. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Turn’d Up Fitness intends to send to you are not sent to another person who acquires your former mobile telephone number. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
Privacy Notice – Please see Turn’d Up Fitness’s Privacy Policy.
I understand that I must pay prior to the start of the class and must join the class promptly at the start time. I further understand that the class is live and I cannot rewind it or view it once it ends. I acknowledge and agree that all issues concerning the class (e.g., if I miss the class or if my instructor is late, etc.), must be addressed directly with my instructor and that Turn’d Up Fitness Fitness (“Turn’d Up Fitness”) is not responsible for any such issues. I further acknowledge and agree that payments will go directly to my instructor’s specified payment option, that Turn’d Up Fitness is not responsible for any payment issues, refund requests or chargebacks, and that all payment issues, refund requests or any other questions must be addressed with my instructor or the payment provider. I also acknowledge and agree that my participation in the Turn’d Up Fitness® class is at my own risk and that, by virtue of participating, I waive any claims that I (or my family) have or may have for any accident, injury or loss resulting from, or associated with, my participation in the class.
