Korio Studios (“Korio”) is an online platform for dance classes. The Korio Studios website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by PHM Health and Wellness Coaching Services, (referred to in these Terms of Service as “Korio” or “we” and through similar words such as “us,” “our,” etc.).
We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of October 15, 2020.
Description of Service
The Korio Service allows students to find and take dance classes that they are interested in taking, and allows teachers to find students interested in taking their classes.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
1. General Terms for Teachers. As a teacher utilizing the Service, you represent and warrant that:
1.1 Any content you submit to the Service does not and will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
1.2 You grant Korio a right to use and display Your Content (in whole or in part) for its own business purposes, including, without limitation, to allow other users of Korio to use and view Your Content, operate and improve the Services, analyze Users’ use of the Services, and develop new products and services.
1.3 You grant Korio the right to display your teacher profile which includes your name, photo, teacher writeup and any links you provide to your social media accounts. You are responsible for keeping your profile updated and can contact us regarding any changes.
1.4 You allow other users of Korio to contact you using the information in your teacher profile.
1.5 You represent and warrant to Korio that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
1.6 You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
1.7 You grant us full ownership of any video content that Korio has filmed for you. It is at our sole discretion to remove, add, or edit that video content.
1.8 Korio reserves the right to, but is under no obligation, to delete or take down content at any time and for any reason.
1.9 Exclusivity. You represent and warrant that the content you submit to Korio Studios is not also available, and will not be made available within a period of 12 months from submission, on any other platform outside Korio's website, streaming platform and social media channels, and shall not be performed live in any venue for said period. In the event that you breach this representation/warranty, Korio Studios reserves the right to block you from further using the Service.
2. Data Policy. Aside from information in your public Teacher Profile, Korio will not share your personal information with any third parties without your permission.
3. INDEMNIFICATION. You agree to indemnify and hold harmless Korio , its corporate parents, affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Korio 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 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 in asserting any available defenses. This provision does not require you to indemnify any of the Korio 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.
4. HEALTH DISCLAIMER. Teaching dance can be a strenuous physical activity. You expressly waive and release any claim that you may have at any time for injury of any kind against Korio or any person involved or associated with Korio including without limitation its directors, employees independent contractors, affiliates and representatives.
5. LIMITATION OF LIABILITY.
5.1. Disclaimer of Certain Damages . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KORIO 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2. Disclaimer of Third-Party Conduct . YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT none of THE KORIO 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.
5.3. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE KORIO PARTIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE REMEDY OR PENALTY IMPOSED BY THE REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (B) FIVE THOUSAND PESOS.
5.4. User Content and Settings. THE KORIO PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
6. 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.
7. 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.
8. VENUE. In case of litigation, should mandatory arbitration fail, the parties agree that the Courts of City of Pasig, Philippines shall have jurisdiction.
9. 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