Muvyu Terms of Use

Welcome to Muvyu. Muvyu.com (the "Site") is provided by Muvyu LTD. ("We", "Us" or "Muvyu"). Before you get started, it's important for you to understand your responsibilities as either an Teacher or a Student - and for you to understand that you are entering into an agreement with Muvyu which is designed to protect Muvyu and outline the relationship among Teachers, Students and Muvyu.

THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion of the registration process you affirmatively accepted agree to be bound by these Terms and Conditions ("Terms"), but you also are deemed to have accepted them (and any changes that have been published on this page) by accessing or using the Site (the "Service"). It is your responsibility to check this page from time to time to review any changes to these Terms. If you are not prepared to agree to all these Terms (including changes published on this page) then you must cease accessing the Service and must delete any materials that you have downloaded or copied from the Site or through the Service.

Outline of Terms

These Terms are divided into separate sections to make them easier to read, but every section applies to every user, regardless of what the heading says.

Description of Service

The Service includes (1) Muvyu classes, (2) Muvyu teacher profiles and class schedules, and (3) Muvyu reporting, marketing and administrative tools (for Teachers). Muvyu will collect payments charged by Teachers and will disburse funds in accordance with these terms. See Payments and Disbursements, below. Students have only a limited right to a refund, if any. See Refunds, below.
Muvyu Accounts

Both Students and Teachers must create a Muvyu Account in order to access the Service. You may only create a Muvyu Account if:
1. You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;
2. You provide your legal full name, valid email address, zip code, and any other information requested during the signup process.
It's up to you to protect the security of your account and your password. Muvyu will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of Muvyu or others due to such unauthorized use.

When you set up a Muvyu Account, you will be given the opportunity to set a variety of features, as well as banking or credit card information and certain communication/privacy preferences. Please see our Privacy Policy for further discussion of such information.
Obligations of Teachers and Students
1. All Users
  
  All users agree that they may not:
  1. use their account to breach security of another account or attempt to gain unauthorized access to another network or server, and that not all areas of the site may be available to them or other authorized users of the site.
  2. interfere with anyone else's use and enjoyment of the site or other similar services.
  3. download any Content unless you see a "download" or similar link displayed by Muvyu on the Service for that Content.
  4. copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, without the prior written consent of Muvyu or the respective licensors of the Content.
  5. Users who violate systems or network security may incur criminal or civil liability.
  All Users acknowledge that through their use of the site, they may have the opportunities to engage in commercial transactions with other users and vendors. Each User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
2. Teachers
  1. Listing Conditions
    
    By listing a class on Muvyu,
    1. you assume full responsibility for any materials that you upload, stream or otherwise display through Muvyu.
    2. you understand that such materials will be publicly available to be viewed and used by any Student.
    3. you agree to honor any registrations through Muvyu.com at the price and time listed in the Service.
    4. you agree not to circumvent Muvyu's payment system including, for example, by asking your Students to make payments directly to you for classes offered through Muvyu or related materials.
  2. Requirements To Receive Disbursements
    
    Muvyu will collect all fees from your students, and will pay those amounts, less any fees charged by Muvyu, to you in accordance with Muvyu's Payment Policies. Teachers earn 93% per student for all classes.
  3. Limitations on Content
    
    You also acknowledge and agree that you have to indemnify us in the event that we are sued or otherwise suffer damages as a result of your activities.
    
    Without limiting the generality of the previous sentence, you specifically agree that you may not:
    1. Upload, stream or otherwise display any materials or other content (including text, video, images and sounds, "Content") that:
      1. Is copyrighted, trademarked, or proprietary unless you have the express permission of the owner;
      2. Violates the privacy or other personal rights (such as the right of publicity) of any person.
      3. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
      4. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      5. Infringes on any patent, trademark, trade secret, copyright, or other proprietary right of any party;
      6. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      7. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
    2. Use Muvyu for any unlawful purposes or so as to cause harm to any person.
    3. Use Muvyu to impersonate any person or entity, including any of our employees or representatives.
  4. Pricing, Promotions, and Affiliate Advertising
    
    Muvyu may engage in promotional activities, affiliate partnerships, and advertising on your behalf to help attract new audiences and repeat customers to your classes. By accepting this agreement, you give Muvyu permission to engage in these activities.
3. Students
  
  You should be aware that we do not endorse or assume any liability for any Content uploaded, streamed or displayed by or on behalf of Teachers or other Students. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site.
  
  Muvyu has no responsibility to you for any injuries or damages that you suffer in connection with the use of the Service, and you specifically release us from any claims you may have and agree to indemnify us if we suffer a loss in connection with your use of the Service. Our only responsibility is a limited obligation to pay refunds in certain specific situations. You must take precautions to protect yourself.
  1. Payments and Fees
    1. Muvyu is free to join. There are no membership fees for signing up.
    2. A valid credit card or bank account is required for paid classes.
    3. A full payment is required to register for paid classes on Muvyu.
    4. Teachers set the prices for their classes, so costs may vary from teacher to teacher.
    5. Teachers may occasionally offer demo classes for free which does not require payment.
  2. Classes, Modifications, and Amendments
    1. You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book and pay for a Service on Muvyu.
    2. The Classes offered on Muvyu are offered directly by the Teacher. Muvyu is not responsible or liable for any information on its Service listings or profiles.
    3. All Classes offered on Muvyu are valid only for the specified date. Muvyu is not responsible for any changes or cancellations made to classes by the Teacher.
    4. Muvyu reserves the right to cancel or change any booked Service at any time, for any reason.
    5. Muvyu does not supervise classes venues and are not involved in any way with the actions of any individuals at these Classes. As a result, we have no control over the identity or actions of the individuals who are present at these Classes, and we request that our users exercise caution and good judgment when attending Classes.
    6. Muvyu reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
  3. Refund Policy
    
    When a student signs-up for a class, Muvyu charges their credit card or bank account at the time of sign-up to hold their spot for the class. Students may cancel a class until 24 hours before the class starts and receive a full refund. Cancellations made under 24 hours will not be refunded.
  4. Other Important Points
    
    You should also be aware of the following:
    1. Physical exercise can be a dangerous activity. There are inherent risks in any physical activity, including yoga, fitness training or other similar activities that may be offered by Teachers. Muvyu reminds its members, and viewers to exercise and train safely within the boundaries of their own capabilities.
    2. When using the Service, you may be exposed to Content from a variety of sources, and that Muvyu is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Muvyu with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Muvyu, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
    3. Content available through the Service often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Muvyu spokesperson speaking in his/her official capacity.
    4. The Content available through the Service belongs to either Muvyu or one or more Teachers, and it is a violation of their intellectual property rights for you to record the audio or video available through the Service. You hereby agree that you will not make any such recordings, or otherwise copy, redistribute, publish or exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Muvyu and the relevant Teacher.
Rights of Muvyu / Limitation of Liability
1. Grant of License
  
  By submitting Content (whether instructional content submitted by an Teacher, or commentary, communications, or suggestions submitted by either Teachers or Students) to Muvyu, you grant Muvyu a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Muvyu's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For clarity, you retain all of your ownership rights in your Content, subject only to the licenses set forth in these terms.
  
  Each Teacher also hereby grants each Student a non-exclusive worldwide royalty free license to access his/her Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted in video Content terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Muvyu may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
  
  In addition, each Student also hereby grants Muvyu and the relevant Teacher a non-exclusive worldwide royalty free license to record, use, reproduce, distribute, display and perform any audio, video or textual contributions you make through the Service (including any recording of a Class and the Students therein), and agrees that no additional consideration shall be required for such use. The above licenses granted by you are perpetual and irrevocable.
2. Right to Remove or Refuse Content
  
  Muvyu and its agents have the right at their sole discretion to remove or refuse any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. All Students and Teachers hereby consent to such removal and waive any claim against us arising out of such removal of content.
  
  You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
3. Muvyu Makes No Representations or Warranties
  
  Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. Muvyu and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  
  ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN ADDITION, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
  
  THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
  
  THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
  
  You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
  
  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability
  
  IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
  
  FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
  
  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Indemnification
  
  Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Miscellaneous

You agree that: (i) the Service shall be deemed solely based in Hong Kong S.A.R.; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Muvyu, either specific or general, in jurisdictions other than Hong Kong S.A.R. These Terms of Service shall be governed by the internal substantive laws of the Hong Kong S.A.R., without respect to its conflict of laws principles. Any claim or dispute between you and Muvyu that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong S.A.R. These Terms of Service, together with the Privacy Policy at muvyu.com/privacy and any other legal notices published by Muvyu on the Service, shall constitute the entire agreement between you and Muvyu concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Muvyu's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Muvyu reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MUVYU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Muvyu Terms of Use

Outline of Terms

Description of Service

Muvyu Accounts

Obligations of Teachers and Students

All Users

Teachers

Listing Conditions

Requirements To Receive Disbursements

Limitations on Content

Pricing, Promotions, and Affiliate Advertising

Students

Payments and Fees

Classes, Modifications, and Amendments

Refund Policy

Other Important Points

Rights of Muvyu / Limitation of Liability

Grant of License

Right to Remove or Refuse Content

Muvyu Makes No Representations or Warranties

Limitation of Liability

Indemnification

Miscellaneous