Terms & Conditions

Service Description

The Service is a fitness, wellness and social network and video platform. 
 

Eligibility

You must be at least 18 years of age or older, or the age of majority as determined by the laws of your province or territory of residency, and have full legal capacity to assume the obligations set forth in these Terms and to use the Service. The Service is not intended for those under the age of 18. You represent and warrant that any profile information you submit is true and accurate and that you are of the age of majority as determined by the laws of your province or territory of residency, and are fully able and competent to enter into and abide by these Terms.
 

 Account

In order to use the Service, you must create an account. When registering you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your Account and your use of the Service, and provide you with partial refunds, as applicable, for any unused portion of Fees you may have paid for a Paid Subscription (as defined below), if any, as set forth below.

You are solely responsible for all activities that occur through your Account – with or without your permission. To protect your Account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your Account or any other breach of security by sending an email to info@breathemovementstudio.com. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT. Any personal information you provide us will NOT be shared with any other party.

 

User Content

In connection with registration for an Account, users may upload photos or other materials or information to their profile (“User Content”). You agree that you will not upload User Content to your profile unless you have created that content yourself, or you have permission from the copyright owner to do so.

Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

For any User Content that you upload to the Service, you acknowledge that you are doing so on your own free will knowing that the platform is an open forum for members to see. You should not put any information on here that you are not comfortable sharing. You grant us and our affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and the business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Alo in these Terms. You may modify or remove your User Content via your Account or by terminating your Account, but we may, in accordance with the Privacy Policy and applicable laws, retain in its systems and use non-personally identifiable data that is derived from your User Content.

You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services inappropriate to the main goal of health, wellness, self care, injury prevention and the general well being of all participants; or (vi) in our sole and absolute judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, our affiliates, or users to harm or liability of any nature.

Although we have no obligation to screen, edit, or monitor any User Content, we reserves the right, and have absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We will do our best to keep this from happening by cancelling, deleting, and restricting these members but take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

Licensed Content

Contents on the Service, including User Content and certain content offered through the Service which is available to you solely in connection with a Paid Subscription, has been licensed to breathe movement studio inc. in accordance with various agreements between breathe and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by all applicable intellectual property laws.

The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors. Keep this in mind when being given or accepting advice on the member platform. 
 

Assumption of Risk

Consumer protection laws in some jurisdictions, do not allow for service providers to limit their liability with respect to the consequences of their own acts or the acts of their representatives. If these laws apply to you, the exclusions or limitations in the following sections may not apply. In all other jurisdictions, and to the fullest extent permitted by applicable law:

You understand that the Service is intended to be used in connection with athletic and fitness activities. You expressly acknowledge that engaging in athletic or fitness activities as part of your usage of the Service carries certain inherent and significant risks of property damage, bodily injury or death and that, to the extent permitted by applicable law, you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of breathe or by the action, inaction or negligence of others. You also expressly agree that breathe does not assume responsibility for the inspection, supervision, preparation, or conduct of any fitness activity, contest, group interaction, gathering, or event that utilizes the Service.

Please consult your physician before using the Service in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Service or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the Service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Service.