Welcome to Embody Me. Before you get started, it’s important for you to understand your responsibilities as either an Instructor or a Student — and for you to understand that you are entering into an agreement with Embodyme.live which is designed to protect Embodyme.live and outline the relationship among Instructors, Students and Embodyme.live.
THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY.
Upon completion of the registration process you affirmatively 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) a platform for the purchase and use of digital content, which allows end-users to a) purchase a subscription and stream live audio and video content over the Internet for personal use, or b) purchase online courses for permanent access through the course section for personal use, (2) Embodyme.live instructor profiles and class schedules, and (3) Embodyme.live reporting marketing and administrative tools (for Instructors). Embodyme.live will collect payments charged by Instructors and will disburse funds in accordance with the terms agreed with Instructors.
Embodyme.live Accounts. Students must create a Embodyme.live Account in order to access the Service. You may only create a Embodyme.live Account if:
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;
Obligations Of Instructors and Students:
All Users. All users agree that they may not:
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.
interfere with anyone else’s use and enjoyment of the site or other similar services.
download any Content unless you see a “download” or similar link displayed by Embodyme.live on the Service for that Content.
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 Embodyme.live or the respective licensors of the Content.
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 merchandise 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.
Students.You should be aware that we do not endorse or assume any liability for any Content uploaded, live streamed or displayed by or on behalf of Instructors 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. Embodyme.live 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.
Payments and Fees
A valid credit card or PayPal account is required.
A full payment in accordance with payment guidelines is required to register for a class on Embodyme.live
Classes, Modifications, and Amendments
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 Embodyme.live.
The Courses offered on Embodyme.live are offered directly by the Instructor. Embodyme.live is not responsible or liable for any information on its Service listings or profiles.
Embodyme.live reserves the right to cancel or change any booked Service at any time, for any reason.
Embodyme.live reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
Refund Policy. When a student signs-up for a class, Embodyme.live charges their credit card or PayPal account at the time of sign-up to hold their spot for the course. Students may request a refund within the refund request time period in accordance with Embody Me’s Refund Policy
Membership of Yoga Practice Channel. In addition, the following applies to membership subscription for Embodyme.lives Yoga Video Practice Channel:
Free and Paid Trials. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free or paid trial to ensure that you have continued access to your membership after the expiration of the trial period (“Trial”). Embodyme.live will not bill your account until the Trial has expired and provided that you have not cancelled your account during the Trial period. The Trial will automatically convert to a paid monthly subscription unless Embodyme.live is notified of cancellation. You may only use a Trial once. Embodyme.live reserves the right to terminate any account that is using or trying to use more than one Trial.
Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Embodyme.live later increases the price of the subscription, Embodyme.live will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
No Sharing. Members of Embodyme.live may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Embodyme.live as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use. Embodyme.live reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Health and Medical Concerns. Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services. Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Embodyme.live, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Website and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results. You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
Other Important Points.You should also be aware of the following:
When using the Service, you may be exposed to Content from a variety of sources, and that Embodyme.live 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 Embodyme.live with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Embodyme.live, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
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 Embodyme.live spokesperson speaking in his/her official capacity.
The Content available through the Service belongs to either Embodyme.live or one or more Instructors, 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 Embodyme.live and the relevant Instructor.
Rights of Embodyme.live/Limitation of Liability
Embodyme.live 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. Embodyme.live 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.
Exclusions and Limitations Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
Indemnity You agree to defend, indemnify and hold harmless EMBODYME.LIVE, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
When we say ‘we’, ‘us’ or ‘Embody Me’ it’s because that’s who we are and we own and run the Sites.
The type of personal information we collect
We collect certain personal information about visitors and users of our Sites.
The most common types of information we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, payment information such as payment details, transactional details, support queries, content you direct us to make available on our Sites (such as our Embody Me Directory), your actions on our Sites (including downloads, etc.) and web and email analytics data. We will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).
How we collect personal information
We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or through other services associated with the Sites.
We collect your personal information when you provide it to us when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
Personal information we collect about you from others
Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
financial and/or transaction details from payment providers located in the US in order to process a transaction; third party service providers (like Google, Facebook) who are located in the US. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and other third party sources/and or partners from Australia, US or UK, whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data, and combine it with information we have about you.
How we use personal information
We will use your personal information:
To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Sites, like where you purchase an item from our marketplace.
Where this is necessary for purposes which are in our, or third parties’, legitimate interests. These interests include:
operating the Sites;
providing you with services described on the Sites;
verifying your identity when you sign in to any of our Sites;
responding to support tickets, and helping facilitate the resolution of any disputes;
updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates;
carrying out technical analysis to determine how to improve the Sites and services we provide;
monitoring activity on the Sites, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites;
managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey;
managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
training Embody Me staff about how to best serve our user community;
improving our products and services;
providing general administrative and performance functions and activities; and
processing your job application to Embody Me.
Where you give us consent:
providing you with marketing information about products and services which we feel may interest you; and
For purposes which are required by law.
For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
We will disclose personal information to the following recipients:
subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers which are located in US; subscription management services which are located in the US; payment processing services which are located in the US.
our professional advisers (lawyers, accountants, financial advisers etc.) which are located in the USA;
regulators and government authorities in connection with our compliance procedures and obligations;
a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
other recipients where we are authorized or required by law, or requests by government, a court of law, or law enforcement authorities, to do so.
Where we transfer and/or store your personal information
We are based in the US so your data will be processed in the US. In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
How we keep your personal information secure
We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location in the US. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.
How you can access your personal information
You can access some of the personal information that we collect about you by logging in to your account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact us at email@example.com
Marketing Choices regarding your personal information
Where we have your consent to do so (e.g. if you have subscribed to one of our email lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
Cookies (not the type you eat!) and web analytics
When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
your IP address or proxy server IP address’;
the domain name you requested;
the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
the date and time of your visit to the website;
the length of your session;
the pages which you have accessed;
the number of times you access our site within any month;
the file URL you look at and information relating to it;
the website which referred you to our Sites;
the operating system which your computer uses; and
the technical capabilities of your web browser.
Occasionally, we will use third party advertising companies to serve ads based on prior visits to our Sites. For example, if you visit our Sites, you may later see an ad for our products and services when you visit a different Site.
Information you make public or give to others
How long we keep your personal information
When we need to update this policy
We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.
How you can contact us
If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact us in writing firstname.lastname@example.org
If you’re a user or visitor in the European Economic Area these rights also apply to you:
For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
How you can access your personal information
You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.