Effective Date: August 20, 2020
IF YOU SUBSCRIBE TO THE SERVICES (DEFINED BELOW) FOR A TERM (THE “INITIAL TERM”), THEN THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT KORIO STUDIOS’ THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 7.3 BELOW.
By accessing or using koriostudios.com, or any other website with an authorized link to this Agreement (“Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
1. USE OF THE SERVICES. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to the terms of this Agreement, Korio Studios grants you a limited license to use the Services solely for your personal non-commercial purposes; provided further, however, that you remain responsible for your compliance (or failure to comply with) the terms of this Agreement. Any future release, update or other addition to the Services shall be subject to the terms of this Agreement. Korio Studios and its licensors, suppliers and service providers reserve all rights not granted in this Agreement.
2.1. Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website (an “Account”). To register an Account, you must have purchased, or otherwise have access to, a subscription to the Services.
2.2. Registration Eligibility. You must be at least 18 years old to register an Account with the Services. Minors under the age of 18 years old who can safely use the Services may participate in certain aspects of the Services, provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the applicable age of legal majority), you agree to be fully responsible for the acts and omissions of, including, without limitation, any content, information or other materials submitted by, on behalf of, or relating to, such user in connection with the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.
2.3. Registration Data . When registering your Account, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Korio Studios immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been prohibited from using any of the Services. You further agree that you will not maintain more than one Account for the same Korio Studios Service at any given time. Korio Studios reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Korio Studios.
3.1. Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags and/or other materials (collectively, “Content”) is the sole responsibility of the party from which such Content originated. Korio Studios does not make any representation relating to the Content that you use and you assume all risk in such use of Content.
3.2. No Obligation to Pre-Screen Content. You acknowledge that Korio Studios has no obligation to pre-screen Content (including, but not limited to, User Content, although Korio Studios reserves the right in its sole discretion to pre-screen, refuse or remove any Content.
3.3. Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Korio Studios’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of Korio Studios. You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from the Services.
3.4. Investigations. Korio Studios may, but is not obligated to, monitor or review Services, Content and Use at any time. Without limiting the foregoing, Korio Studios shall have the right, in its sole discretion, to remove any Content for any reason (or no reason), including if such Content violates the terms of this Agreement or any applicable law. Although Korio Studios does not generally monitor user activity occurring in connection with the Services or Content, if Korio Studios becomes aware of any possible violations by you of any provision of this Agreement, Korio Studios reserves the right to investigate such violations, and Korio Studios may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Content, in whole or in part, without prior notice to you.
4.1. Services. Except with respect to User Content, Korio Studios and its suppliers own all rights, title and interest in the Services.
4.2. Trademarks. Korio Studios’ stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of Korio Studios and may not be used without our written permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
4.3. Feedback. You agree that, with respect to any submission you might make to Korio Studios of any ideas, suggestions, documents, and/or proposals (“ Feedback ”), Korio Studios has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit any Feedback. You hereby grant to Korio Studios the right to use any Feedback in any way at any time without any additional approval or compensation.
5. INTERACTIONS WITH OTHER USERS.
5.1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Korio Studios reserves the right, but has no obligation, to intercede in such disputes. You agree that Korio Studios will not be responsible for any liability incurred as the result of such interactions.
5.2. Content Provided by Other Users . The Services may contain User Content provided by other users. Korio Studios is not responsible for and does not control User Content. Korio Studios has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
6. THIRD-PARTY SERVICES.
6.1. Links. The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Services. Korio Studios does not control and is not responsible for Third-Party Services. Korio Studios provides links to these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such Third-Party Services. Your use of all Third-Party Services is at your own risk.
7. FEES AND PURCHASE TERMS.
7.1. Payment . You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Korio Studios with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to this Agreement to determine your rights and liabilities. By providing Korio Studios with your credit card number and associated payment information, you agree that Korio Studios is authorized to immediately invoice your Account for all fees and charges due and payable to Korio Studios hereunder and that no additional notice or consent is required. You agree to immediately notify Korio Studios of any change in your billing address or the credit card account used for payment hereunder. Korio Studios reserves the right at any time to change its prices and billing methods, either immediately upon posting on Services or by e-mail delivery to you.
7.2. Service Subscription Fees . You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription. Except as set forth in this Agreement, all fees for the Services are non-refundable.
7.3. Automatic Renewal. If you subscribe to the Services, your subscription will continue indefinitely until terminated in accordance with this Agreement. After each month, quarter or year of your subscription (as applicable, depending on the term of the subscription option you have chosen) until you cancel, your subscription will automatically renew for an additional month, quarter or year, as applicable, at Korio Studios’ then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription by emailing Korio Studios at firstname.lastname@example.org. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Korio Studios to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Korio Studios does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Korio Studios may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
7.4. Free Trials and Other Promotions. Korio Studios may, at its sole discretion, decide to offer free trial subscriptions or other promotional offers. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription after you have cancelled Services prior to the end of the free trial or other promotion, please contact Korio Studios.
7.5. Refunds . Except as set forth in any separate refund policy posted on the Services, all fees are non-refundable.
8. INDEMNIFICATION. You agree to indemnify and hold harmless Korio Studios, its corporate parents, affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “ Korio Studios Parties ”) from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) any injuries that you may sustain as a result of the use of the Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Korio Studios reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Korio Studios in asserting any available defenses. This provision does not require you to indemnify any of the Korio Studios Parties for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
9.1 Health Disclaimer. Many of our instructional videos feature vigorous dance movements, which can be a strenuous physical activity. By using our website you represent that you understand such movements, if done incorrectly or by someone with poor physical or mental health, may result in injury, whether physical or mental and that you assume such risks when using the services.
All instructions given by our choreographers/instructors are optional. You are not required to perform any movements you are not comfortable with, or feel that might be outside of your range of abilities.
You expressly waive and release any claim that you may have at any time for injury of any kind against Korio Studios or any person involved or associated with Korio Studios including without limitation its directors, instructors, choreographers, employees independent contractors, affiliates and representatives.
9.2. Safe Environment Disclaimer. ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE. IN USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING THE SERVICES. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, THE SERVICES, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR DANCE SPACE.
10. LIMITATION OF LIABILITY.
10.1. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KORIO STUDIOS PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT KORIO STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. Disclaimer of Third-Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT none of THE KORIO STUDIOS PARTIES shall be LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES.
10.3. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE KORIO STUDIOS PARTIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO KORIO STUDIOS BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100) OR ITS PESO EQUIVALENT.
10.4. User Content and Settings. THE KORIO STUDIOS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11. TERMINATION. This Agreement will remain in full force and effect until terminated as set forth herein. You may terminate your Account, your access to the Services, and this Agreement at any time, for any reason by emailing email@example.com.
12. INTERNATIONAL USERS. The Services are controlled and offered by Korio Studios from its facilities in the Philippines. Korio Studios makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. Korio Studios reserves the right to limit the availability of the Website and/or Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion.
13. ARBITRATION. Matters concerning disputes, controversies or differences between the parties arising out of this Agreement which are not resolved by them to their mutual satisfaction shall be submitted to the Philippine Institute of Arbitrators. Expenses and other fees for arbitration shall be shouldered by the party held liable therefore by the Board or, in the absence of such determination, equally between the parties. Venue shall be at the City of Pasig in the Philippines.
14. VENUE. In case of litigation, should mandatory arbitration fail, the parties agree that the Courts of City of Pasig, Philippines shall have jurisdiction.
15. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us at firstname.lastname@example.org