Terms of Service
Welcome to the Aerial Physique TV website
The Aerial Physique TV website, www.aerialphysique.tv, (hereinafter referred to as the “Website”) is designed to provide educational aerial arts instruction.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of The Terms and Conditions of Use
Agreement (hereinafter referred to as the “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is, therefore, important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aerial Physique Inc. reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on our Website is void where prohibited. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Aerial Physique Inc.. Aerial Physique Inc. reserves all rights not expressly granted in and to the Website and the Content. You may access Website and Content as available: • for your information and personal use; • as intended through the normal functionality of the Aerial Physique Inc. Service; and • for Streaming, “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Aerial Physique Inc. Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Website Videos for any purpose or in any manner other than Streaming is expressly prohibited.
The use of the online videos therein, is at your own risk.
Videos available on www.aerialphysique.tv by Aerial Physique Inc. are intended for use as a tool of reference for those who are taking aerial classes with a qualified instructor. Always practice aerial on apparatus installed by a professional rigger, rigged from an overhead anchor graded to hold 5,000 lbs or more. Be sure to place a thick crash mat underneath you. DO NOT practice without the supervision of a trained professional.
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Program, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Program. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Program or in any way or in any location. In the event that you use our Program or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
In consideration of the Program, I hereby agree to release, indemnify, and discharge Aerial Physique Inc., on behalf of myself, my spouse, my children, my parents, me heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in acrobatic and aerial arts training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Aerial Physique Inc. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity.
- Should Aerial Physique Inc. be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. Member Account, Password and Security
If you register on one of our Websites, you will be given a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Aerial Physique Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use Member’s account without prior authorization from Aerial Physique Inc.
Aerial Physique Inc. will not be liable for any loss or damage arising from your failure to comply with this Agreement.
5. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that: • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • exploits people in a sexual or violent manner; • contains nudity, violence, pornography, sexually explicit material or offensive subject matter; • solicits personal information from anyone under the age of eighteen (18); • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities Including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; • Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or • contains a virus or other harmful component. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Aerial Physique Inc. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You acknowledge, consent and agree that Aerial Physique Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Aerial Physique Inc., its Members and the public. Under no other circumstances will Aerial Physique Inc. intentionally disclose your account information to any third party.
7. Security Components
You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Aerial Physique Inc. and/or content providers who provide content to Aerial Physique Inc. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
8. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, master recordings, compositions, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Aerial Physique Inc. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Aerial Physique Inc.'s prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
9. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Aerial Physique Inc. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
10. Other Sites
11. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Copyright Policy
The Content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Aerial Physique Inc., subject to copyright and other intellectual property rights under the law. Aerial Physique Inc. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Aerial Physique Inc. reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Aerial Physique Inc. or of a third party, or otherwise violated any intellectual property laws or regulations. Aerial Physique Incpolicy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Aerial Physique Inc to delete, edit, or disable the material in question, you must provide Aerial Physique Incwith all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aerial Physique Incto locate the material; (d) information reasonably sufficient to permit Aerial Physique Inc to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Aerial Physique Inc either by e-mail, or by U.S. mail to our designated agent for notification of infringement.
14. Member Disputes
You are solely responsible for your interactions with other Members. Aerial Physique Inc reserves the right, but has no obligation, to monitor or litigate disputes between you and other Members.
15. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your Free Trial membership at any time, for any reason, by following the instructions on the Website. Aerial Physique Inc reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Aerial Physique Inc. believes that you have breached any of the terms of this Agreement, furnished Aerial Physique Inc. with false or misleading information, or interfered with use of the Website or the Service by others.
a. No Sharing
Members of Aerial Physique TV may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Aerial Physique Inc. as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
b. Fraudulent Use
Aerial Physique Inc. reserves the right to cancel any membership it believes has been compromised or is being used fraudulently, at our own discretion.
c. Free Trial
Members may only use a promotional 7-day free trial period once. After the free trial Members will be automatically enrolled into the subscription package they originally selected when they initially signed up to use the Website. Aerial Physique Inc. reserves the right to terminate any account that is using or trying to use more than 1 free trial period. If membership is terminated due to a violation of this Agreement, Aerial Physique Inc. will not reimburse Member for the remainder of paid month. Nor will reimbursements be made for membership cancellations prior to monthly renewal date. d. Billing Memberships are billed monthly. All memberships are renewed automatically until cancelled. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
17. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AERIAL PHYSIQUE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AERIAL PHYSIQUE INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AERIAL PHYSIQUE INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AERIAL PHYSIQUE INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. Limitation on Liability
IN NO EVENT SHALL AERIAL PHYSIQUE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AERIAL PHYSIQUE INC. SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
19. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Aerial Physique Inc., its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
21. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online stores located on our various Websites. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such additional terms.
22. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aerial Physique Inc. without restriction.
24. Integration Clause
25. Waiver and Severability of Terms
The failure of Aerial Physique Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
26. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Aerial Physique Inc. that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Aerial Physique Inc. Website shall be deemed a passive website that does not give rise to personal jurisdiction over Aerial Physique Inc., either specific or general, in jurisdictions other than California.
28. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Aerial Physique Inc. reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Aerial Physique Inc. has a NO REFUND POLICY for unused or late canceled subscriptions.