This is a legally binding agreement between Moviing and You.
• By accepting these Terms You confirm that You are at least 13 years of age. Moviing is not intended for anyone under the age of 13.
Welcome to the Service. It was created by Moviing as a platform for personal communication, knowledge sharing and entertainment.
We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service whether as a creator of Content (defined below) or as a viewer. We require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene.
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]
Ownership of The Service
The term “Content” refers to any information, data, communication, video, text, graphics, photos, sounds, music, audiovisual 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 favor 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.
You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, 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.
Users that sign up to Moviing have access to limited recoreded 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.
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://Moviing.com/dashboard/ iOS: http://support.apple.com/kb/HT4098 Android: https://support.google.com/googleplay/answer/2476088
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.
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
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.
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.