11. Your Content Content that you post using our Services is your content, and includes (but is not limited to) anything you post using our Services such as usernames, profile pictures, photos, descriptions, reviews or comments (“Your Content”). We do not make any claim to Your Content. Your Content must comply with the Content Standards in paragraph 14 below. • A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You warrant that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Site. You agree to indemnify us for any loss or damage suffered by us as a result of your breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.. • B. Permission to Use Your Content. By posting, submitting or transmitting Your Content on or via our Site, you grant us a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content and use it to deliver our Services to you. • C. Rights You Grant to us. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, fully transferable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to operate and promote the Site, in any formats and through any channels, including across any third-party website or advertising medium. Your Content will be considered non-confidential and nonproprietary and we have the right to use, copy, distribute and disclose it to third parties. • D. Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from our Site. If content that you own or have rights to (including Your Content) has been posted to the Site without your permission and you want it removed, please contact us at [email protected] If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens. • E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms (including the Content Standards set out in paragraph 15 below). You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Site. 12. Viruses We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. 13. Linking to our Site You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website to which you are linking must comply in all respects with the Content Standards paragraph set out below (Content Standards). If you wish to make any use of content on our Site other than that set out above, please contact us at [email protected] 14. Prohibited uses You may use our Site only for lawful purposes. You may not use our Site: • In any way that breaches any applicable local, national or international law or regulation. • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. • For the purpose of harming or attempting to harm minors in any way. • To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph (Content Standards). • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: • Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms. • Not to access without authority, interfere with, damage or disrupt: o any part of our Site; o any equipment or network on which our Site is stored; o any software used in the provision of our Site; or o any equipment or network or software owned or used by any third party. 15. Content standards These content standards apply to any and all material which you upload or contribute to our Site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must: • Be accurate (where they state facts). • Be genuinely held (where they state opinions). • Comply with applicable law in the UK and in any country from which they are posted. Contributions must not: • Contain any material which is defamatory of any person. • Contain any material which is obscene, offensive, hateful or inflammatory. • Promote sexually explicit material. • Promote violence. • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. • Infringe any copyright, database right or trademark of any other person. • Be likely to deceive any person. • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. • Promote any illegal activity. • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. • Be likely to harass, upset, embarrass, alarm or annoy any other person. • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. • Give the impression that they emanate from us, if this is not the case. • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any posts, comments or other content posted by users. Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way. 16. Suspension and termination We will determine, in our discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate, including any of the following actions: • Immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account) • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site. • Issue of a warning to you. • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. • Further legal action against you. • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. You agree to fully reimburse us for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses arising out of any breach of these Terms by you, or any other act or omission by you in using the Site or by any other person accessing the Site using your personal information with your authority that results in any legal responsibility on our part to any third party. If your account is terminated or deactivated (by you or by us), your photos, comments and all other data uploaded and pertaining to your account (including Your Content) will no longer be accessible through your account, but those materials and data may persist and appear within the Site (for example if Your Content has been re-shared by other users). We encourage you to maintain your own backup of Your Content. We are not a backup service and you agree that you will not rely on the Site for the purposes of backup or storage of Your Content. Whilst we will take all reasonable steps to keep Your Content secure, we do not guarantee that others will not gain access to your information or that Your Content will be stored safely. You acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure. 17. Waivers User Waiver. You hereby grant permission to Auro and our providers, agents, volunteers, and employees, to record, videotape, and photograph You when You are posting content in the Service. You agree that there will be no residual or any other kind of payment, royalty, or fee due to You in connection with those recordings. Auro owns all copyright and other rights in those recordings and can use them forever in any manner to provide or promote the Service and can license others to use those recordings for similar purposes. Auro may also use your name, image, voice, likeness, and any related or derivative versions of this content that You provide to us or from your participation in the Service or from your participation in the activities (including translation, foreign rights, serialization, syndication, photocopying, abridgement, adaptation, reprint, dramatization, and electronic recording and reproduction of any sort). You release Auro and our providers etc. from any claims and liability arising from or related to the use of the recordings, including but not limited to libel, false light, invasion of privacy, rights of publicity, any misuse, distortion, blurring, alteration, of the recordings. Health Waiver. You understand that we are here to serve you by sharing knowledge of running, strength and cardio workouts, treadmill and outdoor runs, elliptical workouts, stretching exercises, yoga, Pilates, HIIT, dance , boxing, barre and any related activities to promote exercise and good health (“Fitness Activities”). In connection with your participation in the Fitness Activities, you warrant that you understand, acknowledge and agree as follows: 1. Participation in the Fitness Activities is completely voluntary and it is solely your decision to participate in such activities. 2. The practice of Fitness Activities involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. You are qualified, in good health and in proper physical condition to participate in the Fitness Activities. You understand that you must judge my own capabilities with respect to practicing any Fitness Activity and will only participate in the appropriate level of classes that are within my limits and capabilities. You acknowledge that it is your sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Fitness Activities. 3. If you are pregnant, you shall only participate in the Fitness Activities after you have discussed the potential risks with your obstetrician or medical practitioner you are under the care of. You shall follow their advice and instructions about whether and to what extent you can participate in the Fitness Activities. You agree that you (and your spouse/partner, heirs, and guardians) will hold Auro, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Fitness Activities take place (“Releasees”) harmless for any possible injury to yourself, your spouse/partner, heirs, guardians and/or my child/fetus. 4. If you believe any conditions are unsafe, you will immediately discontinue participation in the Fitness Activities. 5. You understand that participation in Fitness Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions while participating in the Fitness Activities. You are voluntarily participating in the Fitness Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that you suffer resu lting from the acts of anyone at, or acting on behalf of Auro. 6. As consideration for my being permitted to participate in the Fitness Activities, you (and your spouse/partner, heirs, guardians, and legal representatives) release the Releasees from any and all liability and claims for damages arising out of, relating to and/or by reason of your voluntary decision to participate in the Fitness Activities including the use of any equipment such as blocks, straps or any other equipment that may be suggested by a Provider instructor. You further agree that you (and your spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of Auro or Releases for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of Auro as a result of your participation in the Fitness Activities. If you, or anyone acting on your behalf, make a claim against any of the Releasees, you will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which any may incur as a result of such claim. 7. Further, physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, weights, dumbells, kettlebells or any other equipment that may be suggested by a Auro instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment on the Site or App. Auro is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while performing Auro’s classes. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. 8. By using the Services you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Auro, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Auro, or any person or entity involved with Auro, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. You are responsible for ensuring that you are capable of safely using the Services and participating in classes in the Services. You should consult a medical professional and have a full physical before using our Services. You should especially consult a medical professional if you or a member of your family has a history of illness or injuries. If you have any reason to be concerned about whether you can safely participate in classes in the Services, whether based on how you feel, medication you are taking, past injuries or health issues, or family health issues, then you must refrain from using the Services altogether. Even if you are careful and healthy, You still may have a serious risk of illness or injury. If you start feeling sick, dizzy, lightheaded, or nauseated while using the Services, stop immediately. Participating in fitness activities comes with inherent risks. You assume all risk of injury and any health-related issue. Auro and its instructors, employees, affiliates, agents or representatives shall not in any way be responsible for your use of the Services in violation of the above. You waive all claims, foreseen or unforeseen, anticipated or unanticipated, related to your use of the Services, against Auro and our providers, agents, employees, affiliates, volunteers, representatives and other users (including any claim against them related to contacting emergency services or paying any costs associated with any treatment you receive). 18. Miscellaneous Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms. We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral. You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.
19. Applicable law These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the jurisdiction of the Courts of England and Wales and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 20. Contact us To contact us, please email [email protected] Thank you for visiting us