Terms & Conditions
MEMBERSHIP TERMS AND CONDITIONS
These terms and conditions outline important information about becoming a Body, Mind & Horses Yoga Club member. Please be sure to read this document mindfully before you join and if you have any questions please be sure to ask us prior to agreeing to these terms.
These Terms & Conditions of Use (this “Agreement“) apply to: (1) the website bodymindhorses.com (The Body, Mind & Horses Yoga Club platform) facilitated by Daniela Kämmerer | Coaching - Kurt-Küchler-Str. 16, 22609 Hamburg, Germany); (2) mobile, tablet, internet television, or other digital or electronic versions of the Body, Mind & Horses Yoga Club platform; (3) any software; and (4) any applications created by Daniela Kämmerer whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service“).
This Service is not directed to persons under eighteen (18) years of age.
Please read this agreement carefully before using the service.
1. Visitor and Member agreement
By viewing or using this site as a "Visitor," or purchasing a membership or service from us as a "Member," you agree to all the terms and conditions outlined in this agreement.
You acknowledge that this agreement constitutes a complete agreement between you and Daniela Kämmerer | Coaching, facilitator of the Body, Mind & Horses Yoga Club ("us," "we," "Body, Mind & Horses Yoga Club," "Daniela Kämmerer").
If any part of this agreement becomes invalid or discontinued, you agree that the remaining parts will continue to be valid.
The Body, Mind & Horses Yoga Club's failure to enforce its rights under this agreement does not constitute a waiver of those rights. Our rights under this agreement may still be enforced.
2. General Registration Requirements
To become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Member registration process. By using the Service, you represent that you are legally able to form a binding contract and are not barred from receiving services under the laws of any applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data“), and to maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if there are reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Daniela Kämmerer | Coaching reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
Body, Mind & Horses Yoga Club’s Materials (as defined in Section 10 of this Agreement) and the Body, Mind & Horses Yoga Club Content (as defined in Section 10 of this Agreement) on the Service (collectively, “Club Content“) are provided to you “AS IS” for your information and personal use only. They may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Body, Mind & Horses Yoga Club. Except for rights expressly granted to you, Daniela Kämmerer | Coaching reserves all rights in and to the Service and the Club Content.
You may access the website and its content in the following ways:
For personal use and information.
As intended through the normal functionality of the Body, Mind & Horses Yoga Club service.
For streaming purposes. Streaming refers to a contemporaneous digital transmission of an audiovisual work via the internet from the Body, Mind & Horses Yoga Club service to a user's device in such a way that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing videos via the service for any purpose or in any manner other than streaming is expressly prohibited.
When you stream club content, the resolution and quality of the content you receive will depend on the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the club content you will receive.
To stream or download Body, Mind & Horses Yoga Club content from the service and view club content on the service, you must use a personal computer, portable media player, or other device that meets our system and compatibility requirements. This device will be referred to as a "Compatible Device."
Our requirements for Compatible Devices may change from time to time, and whether a device is (or remains) a Compatible Device may depend on software or systems provided by the device manufacturer or other third parties. Therefore, devices that are Compatible Devices at one time may not be Compatible Devices in the future.
3. Health Disclaimer
Practicing yoga, with or without equipment such as blocks or straps, can be physically strenuous. Therefore, it is recommended that you seek advice from your doctor or treating practitioner before starting any physical exercise regimen, routine, program, or using any suggested equipment shown in any of the video clips on the Service.
Daniela Kämmerer | Coaching is not a medical organization and cannot provide medical advice or diagnosis. The 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 discretion while viewing our videos. Nothing contained in the Service should be considered as medical advice or diagnosis.
By agreeing to these terms, you confirm that you do not have any medical or physical conditions that may prevent you from participating in our classes.
By using the Service, you acknowledge that physical exercise such as yoga asana involves strenuous physical movement and carries the risk of injury, whether physical or mental. You understand that it is your responsibility to assess your physical and mental capabilities for such activities, select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. It is your responsibility to ensure that by participating in classes, Workshops, courses, programs, coaching sessions and activities from Daniela Kämmerer, you will not exceed your limits while performing such activity. You also understand that, from time to time, we may suggest physical adjustments or 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..
4. Release of Liability
By agreeing to these terms, you acknowledge that there are inherent risks associated with performing the moves and poses as instructed in the Service, as outlined above. You assume full responsibility for any personal injury to yourself and (if applicable) your family members, and release and discharge Daniela Kämmerer from any injury, loss, or damage arising from your or your family's use of the Service, whether caused by your own fault, your family's fault, Daniela Kämmerer's fault, or the fault of other third parties. You expressly waive and release any claim that you may have at any time for injury of any kind against the Body, Mind & Horses Yoga Club, or any person or entity involved with Body, Mind & Horses Yoga Club, including without limitation its directors, instructors, independent contractors, employees, agents, affiliates, and representatives.
You agree to defend, indemnify, and hold harmless Body, Mind & Horses Yoga Club, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorneys' fees and costs) arising from: (i) your use of and access to the Service; (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 Service.
You agree that practicing with us involves a risk of minor and major injuries, including soft tissue injury, broken bones, and joint injuries. You acknowledge that you practice using the instruction provided in the Service at your own risk.
5. Certification and Disclaimer of Affiliation with Accreditation Body
The Body, Mind & Horses Yoga Club content offered by Daniela Kämmerer on this platform provided by Uscreen.io is for informational purposes only. It does not make you eligible for certification by any governing or accreditation body to teach yoga. Daniela Kämmerer is not a member of any yoga-related governing accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations.
By accessing this content, you agree not to hold yourself out as a certified yoga instructor based on completing any of the content available on the Service or use Daniela Kämmerer's name as a certification or accreditation body for purposes of teaching yoga. Furthermore, you expressly waive and release Daniela Kämmerer and its directors, instructors, independent contractors, employees, agents, affiliates, and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms provided herein.
The Body, Mind & Horses Yoga Club's content is not intended for individuals under eighteen (18) years of age. By providing your information to the Body, Mind & Horses Yoga Club, you confirm that you are eighteen (18) years of age or older. To become a member and purchase services, you must be at least eighteen (18) years of age. By agreeing to this agreement during the registration process, you certify that you are legally able to enter into purchase agreements with Daniela Kämmerer | Coaching and its partners, vendors, agents, and service providers.
7. Membership Subscription Fees and One-Time Fees for Workshops & Courses
Body, Mind & Horses Yoga Club offers a membership subscription-based access to its content, classes, and programs. Additionally, it offers one-time purchases of workshops and online courses intended to instruct a person on a specific area of study or a particular topic that can be viewed for a limited period of time. The Body, Mind & Horses Yoga Club reserves the right to cancel, interrupt, or reschedule any content, workshop, or online course.
Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all other terms specified by the Body, Mind & Horses Yoga Club for the service, it grants you a non-exclusive, non-transferable, limited right and license to access, view, use, and display classes, workshops, and online courses for non-commercial, private use, as long as they are available on the service.
Membership Subscription to Classes
Billing for Membership to Classes: Memberships that provide access to classes are billed periodically as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not include access to online courses, unless otherwise expressed. Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or the account or service is suspended or discontinued pursuant to this agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, the Body, Mind & Horses Yoga Club will not reimburse the member for the remainder of the paid month. Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time, as specified at the time of purchase. Special prepaid memberships will be recurring and automatically renew on the expiry date.
Pricing for Membership Subscriptions: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the Body, Mind & Horses Yoga Club later increases the price of the subscription, we will notify you via email. 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 of Membership Subscriptions: Members of the Body, Mind & Horses Yoga Club 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 the Body, Mind & Horses Yoga Club as fraudulent use of the service, 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.The Body, Mind & Horses Yoga Club reserves the right to cancel any membership it believes has been compromised or is being used fraudulently, at its own discretion.
8. Member Account, Password and Security
If you register for the service, you must choose a password and username, and you may need to provide additional information such as your email address. You are responsible for maintaining the confidentiality of your account information and password, and for all activities that occur under your account or password. You agree to (a) immediately notify the Body, Mind & Horses Yoga Club of any unauthorized use of your account or password or any other security breach, and (b) ensure that you log out from your account at the end of each session. Registration is for a single user only, unless otherwise stated on the registration page. You must obtain prior authorization from the Body, Mind & Horses Yoga Club before using another member's account. The Body, Mind & Horses Yoga Club will not be responsible for any loss or damage arising from your failure to comply with this agreement.
9. Termination or Suspension of Account
If the Body, Mind & Horses Yoga Club determines, in its sole discretion, that you are violating any of the terms of this Agreement, it may take the following actions: (1) notify you, and (2) use technical measures to block or restrict your access to or use of the Service. In either case, you agree to immediately stop accessing or using the Service (or attempting to access or use it), and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If the Body, Mind & Horses Yoga Club terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, you will not be eligible for any credit, refund, discount, or other consideration.
10. Proprietary Rights
The materials available on the Service, including names, logos, trademarks, images, text, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively referred to as "Material" or "Content"), are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Daniela Kämmerer | Coaching or by third parties that have licensed or provided their material to Daniela Kämmerer | Coaching. You acknowledge and agree that all materials on the Service are made available to you for limited, non-commercial, personal use only. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Daniela Kämmerer’s prior express written permission, except as specifically provided herein or elsewhere on this Service. You are not allowed to add, delete, distort, or otherwise modify the Material. Any attempt to modify any Material without authorization, defeat or circumvent any security features, or utilize the Service or any part of the material for any purpose other than its intended purposes is strictly prohibited.
11. International Use
Because the Internet is global in nature, you must comply with all local rules governing online conduct and acceptable content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Modification/Suspension/Discontinuation of Content
We regularly make changes to the Service. The availability of Content, as well as platforms and compatible devices through which the Service is accessed, may change from time to time. The Body, Mind & Horses Yoga Club reserves the right to replace or remove any Content, platforms, or specific titles of Content available to you through the Service, and to make changes in how we operate the Service. Additionally, you acknowledge that for various reasons, certain Content may be available through one platform but not on another.
Although we hope not to, we may change, suspend, or discontinue some or all of the Service (including the Content and compatible devices through which the Service is accessed) at any time, temporarily or permanently, without notice. As we continue to assess the Service, we may experiment with or offer certain features or elements of the Service to some or all of our users, including promotional features, user interfaces, plans, pricing, and advertisements, at our sole discretion and without notice.
14. Additional Terms
We may require you to follow additional rules, guidelines, or conditions to participate in certain promotions or activities available through the Service, obtain certain premium content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions or engage in activities governed by such additional terms.
WEBSITE TERMS AND CONDITIONS
These terms and conditions apply to your use of the website at https://www.bodymindhorses.com (Website) provided by Daniela Kämmerer | Coaching (we, us or our), and to the entire contents of the Website. Please read them carefully before using the Website.
By accessing any part of the Website, you will be deemed to have accepted these terms and conditions in full, and they will constitute a legally binding contract between us and you. Accordingly, if you do not agree with any part or all of these terms and conditions, do not use the Website.
1. Changes to these terms and conditions
We may change these terms and conditions at any time by posting the changes on the Website. You are responsible for informing yourself of any changes by regularly viewing this section of the Website. If you access or use the Website after any changes are posted, you are taken to have agreed to those changes.
2. Licence to use Website
We grant you a non-exclusive licence to use the Website, subject to these terms and conditions. We may terminate this licence at any time and without notice to you.
3. Intellectual property
All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in Germany and various other countries. The trade marks displayed on the Website are owned by or licensed to us, or are otherwise properly used by us, and our brand logo/icon is registered in Germany and a number of other countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trade marks or any other intellectual property.
You may only view, print and download extracts from the Website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without our prior written consent.
While we normally try to make the Website available 24 hours a day, we are not liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
5. Your material and conduct
(b) You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) It is our policy to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 5 or any law.
(d) You may not misuse the Website (including, without limitation, by hacking).
(i) your server address;
(ii) your top level domain name;
(iii) the date and time of access to the Website;
(iv) the pages accessed and documents downloaded;
(v) the previous web site visited; and
(vi) the type of browser software in use.
(b) We use this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
(c) You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
While we try to ensure that the information we post on the Website is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
8. Exclusion and limitation of our liability
(a)You expressly agree that use of this Website is at your sole risk.
(b)We exclude all warranties and guarantees in connection with the Website and your use of it. For the avoidance of doubt, this exclusion includes an exclusion of:
(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
the use, inability to use or the results of use of the Website or of any websites linked to the Website or the material on such websites; or
viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Website or any websites linked to the Website, or your downloading of any material from the Website or any websites linked to the Website; and
(ii) any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of profits or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 8(b)(i), except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the consumer protection laws in Germany.
(c) Our liability under any guarantee, condition or warranty implied or stipulated by anylegislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
(i) in the case of goods supplied by us:
the replacement of goods or the supply of equivalent goods;
the repair of goods; or
the refund of the price paid by you for goods; or
(ii) in the case of services supplied by us (including the provision or as part of the Website):
the supply by us of the services again; or
the refund of the price paid by you for the services.
9. Release and indemnity
(a) release and forever discharge us and our officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our officers, employees, agents or contractors arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any communication which you upload to the Website);
(b) covenant in favour of us and our officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 9(a); and
(c) irrevocably indemnify us and our officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
(i) the use or misuse of the Website by you or your officers, employees, agents or contractors, or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
(ii) any breach of any of these terms and conditions by you.
10. Website links
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
You may not create links to the Website without our prior written consent.
11. Conflicts with other parts of Website
If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
12. Unenforceable terms
If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.
13. Governing law and jurisdiction
These terms and conditions are governed by the law in force in Hamburg, Germany. We and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Hamburg, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.