In order to access some features of the Service, and to be able to Submit (as that term is defined below) Content as a broadcaster, You will have to create a Moviing account (the “Moviing Account”). You can alter such information by updating Your Facebook®, account) and You also may alter Your Moviing Account information by logging into the Service and accessing Your dashboard.
You agree not to share Your Moviing Account password or let others have access to Your Account and You will not attempt to transfer Your Moviing Account to anyone else. You are responsible for the activity that happens on or through Your account, so we urge You to keep Your account password secure and to always log-off when leaving Your computer or mobile device unattended. Although Moviing will not be liable for losses caused by any unauthorized use of Your Moviing Account, You may be liable for the losses of Moviing or others due to unauthorized use. We strongly recommend that You notify us immediately of unauthorized use of Your Moviing Account or of any related security breach by contacting us at [email protected].
You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretences;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service’s authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Moviing;
m. access, tamper with, or use non-public areas of the Service, Moviing’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Moviing’s providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Moviing employees and other users;
o. create a new account with Moviing, without Moviing’s express written consent, if Moviing previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service’s functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws, regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact other Moviing Users for sexual or other inappropriate purposes, or using the Service in violation of Moviing’s or any third party’s intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
Contests and giveaways
Moviing may provide contests on the Service. The rules, regulations, and procedures governing such contests (“Contest Rules”) will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
Ownership of The Service
The Service may contain links to third party services that are not owned or controlled by Moviing. Moviing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, Moviing will not and cannot censor or edit the content of any third party service. You expressly release Moviing from any and all liability both known and unknown arising from Your use of any third party service.
The term “Content” refers to any information, data, communication, video, text, graphics, photos, sounds, music, audio-visual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, “Submit”) to the Service, or view or access on the Service.
All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties, will remain with You, subject to the licenses You make hereunder. Moviing does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favour of Moviing and anyone acting with the authorization of Moviing.
Moviing assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a broadcast initiated by You, even if you are not the creator of that Content.
As with other Content, Moviing assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (“Sponsored Products and Services”). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
Acceptable Use Policy
You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libellous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
Moviing Service and any Additional Content are purchased via Moviing website or via Apple’s iTunes store or Android’s Google Play store. When you purchase the membership, you are also subject to the iTunes or Google Play terms of service.
a. Paid membership
Users that sign up to Moviing have access to limited recorded classes for an unlimited time. To access the premium features of Moviing, including (but not limited to) a live option to allow the instructor to see you via the web camera and provide personalised instruction (live classes) and full video library, you will have to pay via an auto-renewing membership plan from Moviing website, Apple’s iTunes store or Android’s Google Play store. In Finland you have also an option to buy a fixed term subscription with supported sport vouchers (we may change the support for sport vouchers at our discretion). Note that if you start with a free trial of premium features, the subscription is automatically charged at the end of the free trial period unless cancelled beforehand.
b. Renewals and cancellations
Your subscription is automatically renewed at the end of the subscription period (except if a fixed term subscription). You can modify or cancel your subscription at any time from within the application (if purchased online) or by signing in to your iTunes or Google Play account on your computer or iOS or Android device and changing the settings. If you cancel the subscription you can access the service normally until the end of the billing period, we will not refund the remaining the time. For more details: Online: You may cancel automatic renewal at any time before that date from within the Moviing web site through your Manage subscription page: https://www.moviing.com/dashboard
Any purchases made are final and non-refundable, but if you feel that the service provided has not been as described please contact our Customer Service team at [email protected]. Note that if your payment is managed by Apple via iTunes we are not able to process refunds ourselves and you will need to contact Apple customer service for refunds.
d. Pricing changes
We reserve the right to change our pricing plans at our own discretion. In this case we will try to inform you before any changes so you can modify or cancel your membership before the changes are made. We accept no responsibility for any losses you may incur by failing to change your membership plan after we have informed you of any changes to the pricing plan.
Please note that we may offer limited time promotional prices at our discretion. Those may be also personal offers and not available to everyone. The promotional prices are not available within Apple’s iTunes store or Android’s Google Play store but only via Moviing website. Furthermore, promotional prices usually represent a one-time discount which is only valid for one purchase, not for any recurring payments. When your Moviing subscription renews itself after your chosen period has ended, the original price will therefore be charged to your account.
Partner Revenue Share Payments
a. General Subscription Revenue Payments
i. General Subscription Revenue Pool. Moviing shall establish and maintain a general subscription revenue share pool (the “Monthly General Subscription Revenue Pool”) consisting of twenty percent (50%) of the Qualifying General Subscription Revenue (as defined below) over a particular calendar Month (a “Month”). Each Fitness Provider working with Moviing (each, a “Client”), shall be allocated a portion of the Monthly General Subscription Revenue Pool (such portion allocable to the Fitness Provider, the “Monthly General Subscription Payment”) determined by the following calculation and definitions:
Calculation: Monthly General Subscription Payment = A*B/C Definitions: A = Qualifying General Subscription Revenue B = Number of Qualifying Minutes allocated the Fitness Provider C = Number of Qualifying Minutes allocated to all Clients Qualifying General Subscription Revenue = revenue actually received by Moviing from the Moviing Subscribers for the streaming of Fitness Classes featuring the Sessions from Fitness Provider and Sessions from all other clients of Moviing (but specifically excluding any Referred Subscribers Revenue or revenue for premium content), less transaction fees, charge backs, bad debt, taxes, commissions, referral fees, technology fees (for example, a fee imposed by Apple for purchases within an iOS app) and licensing fees applicable to the generation of such revenue (in each case as allocated to the general subscription services by the method(s) chosen by Moviing in its sole discretion). Revenue resulting from ancillary fees, such as fitness tracking fees, fitness/health/wellness advice fees, referred subscribers and premium Content, are excluded from the definition of Qualifying General Subscription Revenue. Qualifying Minutes = the aggregate Recorded Session Minutes and Live Session Minutes allocated to a Client over the Month. Recorded Session Factor = the factor set by Moviing for a particular time period in its sole discretion and communicated to Clients as the “Recorded Session Factor” in effect for such period and applied to each minute of Recorded Sessions viewed during such period.
Recorded Session Minutes = the aggregate number of minutes of Recorded Sessions provided by any Client and viewed by a Moviing Subscriber on the Moviing Platform over the Month, with the applicable Recorded Session Factor applied to each minute viewed based on the Recorded Session Factor in effect when that minute was viewed.
a. Referred Subscribers Revenue Payments. Moviing shall pay the Fitness Provider a percentage discussed in advance of all Referred Subscribers Revenue (as defined below) generated during each Month from Sessions provided by the Fitness Provider under Moviing’s referred subscriber policy (each, a “Monthly Referred Subscriber Payment”). “Referred Subscribers Revenue” means all revenue actually received by Moviing from the Moviing Subscribers that subsribed with a Coupon (Promo Code) belonging to the Fitness Provider for the streaming of Fitness Classes featuring the Sessions from Fitness Provider under the Moviing referred subscriber policy in place from time to time, less transaction fees, charge backs, bad debt, taxes, commissions, referral fees, technology fees (for example, a fee imposed by Apple for purchases within an iOS app) and licensing fees applicable to the generation of such revenue (in each case as allocated to the referred subscriber services by the method(s) chosen by Moviing in its sole discretion). Qualifying General Subscription Revenue and revenue resulting from ancillary fees, such as fitness tracking fees, fitness/health/wellness advice fees and premium Content, shall be excluded from the definition of Referred Subscribers Revenue.
b. Other Revenue Payments. Moviing may establish additional classifications of content to be made available on the Moviing Platform, together with protocols for gyms to provide content therefor and Monthly revenue sharing payments associated therewith (collectively, a “Monthly Other Content Payment”).
c. Moviing Subscriber Pricing. The Fitness Provider acknowledges that Moviing will determine its pricing policies with the Moviing Subscribers in its sole and absolute discretion (for example, Moviing may offer free trial periods to the Moviing Subscribers).
2. Timing of Payments. Moviing shall pay the Fitness Provider its Monthly General Subscription Payment, Monthly Referred Subscriber Payment and any Monthly Other Content Payment related to a particular Month in arrears within forty-five (45) days after the last day of such Month; provided, however, that if the aggregate payments to the Fitness Provider for a particular Month is less than Ten Dollars ($100.00) (the “Minimum Payment Threshold”), then such payment shall be made after the end of the first subsequent Month after which the Minimum Payment threshold is exceeded for all amounts owning to the Fitness Provider hereunder. Moviing may, in its sole discretion, reduce the frequency of calculating and paying any amounts under this Article by providing at least fourteen (14) days’ prior notice thereof to the Fitness Provider.
Right to Shut Down, Deny or Limit Access, Remove Content
Moviing has the right, but not the obligation, to screen, refuse to post, remove or edit the Content (including any Sponsored Content), at any time and for any or no reason at all, in our sole discretion. Moviing takes steps to monitor Content and keep the Site, App, and Service safe, but Moviing cannot guarantee their safety.
Feedback from You
While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Moviing, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, Moviing may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
To provide such submissions or feedback, please email [email protected].
Warranties and Disclaimers
Please also note that the Service is controlled and offered by Moviing in the United Kingdom. The laws of other countries may differ regarding the access and use of the Service. Moviing makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
Fitness Class Participation Waiver
a. You acknowledge that participation in fitness classes via the Service involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes via the Service, you acknowledge that Moviing has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
b. In becoming a Moviing Member with the intent of using the Service, you affirm that either (i) all of the following statements are true: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise; or (ii) your physician has specifically approved of your use of the Service. If applicable, you further affirm that (i) you are not pregnant, breastfeeding or lactating; or (ii) your physician has specifically approved your use of the Service. Moviing reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
c. By using the Service, you: (i) acknowledge and agree that you are voluntarily participating in fitness classes provided via the Service; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness classes, performing any exercises, or using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless Moviing and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness classes provided via the Service.
Professional Advice and Medical Disclaimer THE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE SERVICE. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. NOTHING STATED OR POSTED OR OTHERWISE AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND MOVIING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS ON THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
Third Party Disputes
MOVIING IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER MOVIING MEMBER OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE MOVIING (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Liabilities and indemnities
Moviing may assign this Agreement to its successors, licensees, and affiliates. However, because the subject matter hereof is personal to You and Your Content, you may not assign this Agreement to any person or entity without Moviing’s prior written consent.