Terms and Conditions
General Information
Welcome to HolotropicSpace. This is the Privacy Policy ("Privacy Policy"), which applies to your use of the HolotropicSpace website ("Site") and the services available to you on the Site ("Services"). The Site and Services are owned, operated, and distributed by a New York Company MARALLIE LLC (referred as "HolotropicSpace." or "we" and through similar words such as "us," "our," etc.). By accessing any part of the Services, you are agreeing to the Privacy Policy and the terms and conditions. If you do not agree to any of these terms, you should not use the Services. This Privacy Policy applies to all users, including both users who are simply viewing content available via the Site and users who have registered and created accounts on the Site.
Ability to Accept Terms
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Site from ("Age"), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
Changes to the Terms
We may, at our sole discretion, modify these Terms at any time. If we make material changes to the Terms, we will notify you by posting an announcement on the Site or sending you an email. By accessing the Services at any time after such modifications, you are agreeing to such modifications. These Terms were last modified as of December 14, 2020.
Account registration and Services Use
You need to register an account in order to access and receive the Services package. Account information must be accurate, current, and complete, and will be governed by the Privacy Policy (https://underline.world/privacy).You agree to keep account information up-to-date so we may send you notices, statements and other information by email or via your account. You must ensure that any IDs, passwords and other access credentials, if applicable, are kept strictly confidential and not shared with any unauthorized person. Accounts are granted to specific users and must not be shared with others.
Copyright, Licenses
The entire content of the Services is protected by international copyright and trademark laws and other proprietary rights. The owner of the copyrights and trademarks is Underline.
YOU MAY NOT COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, OR MODIFY IN ANY MANNER, THE MATERIAL OF THE SERVICES, INCLUDING VIDEO, TEXT, GRAPHICS, PHOTOGRAPHS, SOUNDS, MUSIC, CODE AND SOFTWARE.
You may not share any Services' content with anyone else who has not also purchased an access for that content. Underline will not tolerate violations related to sharing content and reserve the right to delete or suspend your account if you violate any of our rules.
You may not make use of any robots, spiders, or similar data gathering or extraction tools or manual process to collect, gather or copy any content or data related to the Services.
User Submission
Some of the content on the Site is submitted by our users including, without limitation, any information submitted on communication forums or other public areas of the Site ("User Submission"). We encourage you to take advantage of the many opportunities to interact with Underline by posting and reading content and participating in online discussions. We do not guarantee any confidentiality with respect to a User Submission and you are solely responsible for your own User Submission and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submission, including the right to authorize us to use the User Submission in the manner contemplated by the Terms. You hereby grant to Underline the right to use your name in connection with User Submission. You grant us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to reproduce, distribute, transmit, create derivative works, publicly display and publicly perform any User Submission or any other information you communicate to us by all means.
You are not allowed to use the Site and the Services for any advertising or promotions, including, but not limited to, via placing any advertising on communication forums or other public areas of the Site.
We generally do not pre-screen, monitor, or edit User Submissions. However, we reserve the right to reject, cancel, remove and User Submission at our sole discretion and at any given point of time.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that User Submission and, or the Services infringe your copyright, you may send us a notice requesting that the material be removed or access to it be blocked.
The Rules
By using the Site and the Services, you agree that you will not:
· use the Site and the Services for any illegal purpose,
· use the Site and the Service for any harmful or nefarious purpose
· use the Site and the Service in order to damage Underline
· spam, solicit money from or defraud any users
· impersonate any person or post any images of another person without his or her permission
· bully, "stalk", intimidate, assault, harass, mistreat or defame any person
· post any content that violates or infringes anyone's rights, including rights of publicity and privacy
· post any hate speech, threatening, sexually explicit or pornographic content
· post any violence or nudity
· promote racism, bigotry, hatred or physical harm of any kind against any group or individual
· solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission
· use another user's account
Services Purchase Conditions
If you purchase the Services package, you enter into a legally binding contract and are fully responsible for reading the full package listing and description before committing to buy. Fees for the Services package and other Services will be stated at the time of your purchase and are processed by PayPal and Stripe and are subject to their terms of use and privacy policies.
Unless otherwise noted, all currency references are in U.S. dollars. Fees for the Services will be inclusive of applicable taxes where required by law, but payment processing fee may be charged for certain services.
The Services packages are the online content. You agree that you will be able to view online content only during the viewing period specified in the Services package description. Once the viewing period has ended, you will no longer have access to it.
Changing Fees
We reserve the right, at any time, to change any fees or charges for using the Services, provided that such changes will not apply to fees or charges paid prior to the time of the change.
No Refunds
No refunds are offered for any fees collected by the Services. Underline is not responsible or liable for any refunds for the Services packages and, or other purchases related to the Services.
Termination of Account and Private Online Session
We reserve the right to investigate and, or terminate your account without a refund of any purchases if you have violated the Terms, misused the Services or behaved in a way that Underline regards as inappropriate or unlawful, including actions or communications that occur on the Service.
We reserve the right to terminate any private on-line session, if applicable and offered in the Services package, with no refund if you violated the Terms, misused the Services or behaved in a way that Underline regards as inappropriate or unlawful, including actions or communications.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE AND ALL CONTENT INCLUDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE", 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. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS DATA OR PROFITS, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF SITE REFERENCED OR LINKED TO FROM THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY LIABILITY, LOSSES, OR DAMAGES ARISING OUT OF YOUR INABILITY TO ACCESS OR USE THE SERVICES OR YOUR USE OR RELIANCE ON THE SERVICE; OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER. WE SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your violation of these Terms or other negligent or wrongful conduct.
Health Disclaimer
You understand that, from time to time, we may suggest physical practical exercises and/ or the use of equipment and it is your sole responsibility to determine if any such exercises or equipment is appropriate for your physical and mental condition. Physical practical exercises in all of its forms and with or without the use of equipment may be a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise, routine or using any suggested equipment, shown in any of the videos on the Services. All suggestions and comments relating to the use of equipment, moves, poses and instructions are not required to be performed by you and are carried out at your election.
By using the Services, you represent that you understand that physical practical exercises carry 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. You expressly waive and release any claim that you may have at any time for injury of any kind against Underline.
Interruption of the Service
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 the Services and therefore, delays and disruption of other network transmissions are completely beyond our control.
Choice of Law and Arbitration
These Terms, together with the Privacy Policy shall be governed and construed in accordance with the internal laws of the State of New York. You agree that any legal action or proceeding between Underline and you for any purpose concerning these Terms, the Privacy Policy and, or your use of the Service shall be brought exclusively in a federal or state courts of competent jurisdiction sitting in New York City, New York.
Entire Agreement
These Terms, together with the Privacy Policy constitute the entire agreement between you and Underline concerning the Services. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
Assignment
Underline may assign its rights and duties under these Terms to any party at any time without notice to you.
Consent to Electronic Communications
Most communication between Underline and you will be sent and received electronically. You agree that all electronic communication between us and you shall satisfy any legal requirements that such communications be in writing.
Welcome to HolotropicSpace. This is the Privacy Policy ("Privacy Policy"), which applies to your use of the HolotropicSpace website ("Site") and the services available to you on the Site ("Services"). The Site and Services are owned, operated, and distributed by a New York Company MARALLIE LLC (referred as "HolotropicSpace." or "we" and through similar words such as "us," "our," etc.). By accessing any part of the Services, you are agreeing to the Privacy Policy and the terms and conditions. If you do not agree to any of these terms, you should not use the Services. This Privacy Policy applies to all users, including both users who are simply viewing content available via the Site and users who have registered and created accounts on the Site.
Ability to Accept Terms
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Site from ("Age"), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
Changes to the Terms
We may, at our sole discretion, modify these Terms at any time. If we make material changes to the Terms, we will notify you by posting an announcement on the Site or sending you an email. By accessing the Services at any time after such modifications, you are agreeing to such modifications. These Terms were last modified as of December 14, 2020.
Account registration and Services Use
You need to register an account in order to access and receive the Services package. Account information must be accurate, current, and complete, and will be governed by the Privacy Policy (https://underline.world/privacy).You agree to keep account information up-to-date so we may send you notices, statements and other information by email or via your account. You must ensure that any IDs, passwords and other access credentials, if applicable, are kept strictly confidential and not shared with any unauthorized person. Accounts are granted to specific users and must not be shared with others.
Copyright, Licenses
The entire content of the Services is protected by international copyright and trademark laws and other proprietary rights. The owner of the copyrights and trademarks is Underline.
YOU MAY NOT COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, OR MODIFY IN ANY MANNER, THE MATERIAL OF THE SERVICES, INCLUDING VIDEO, TEXT, GRAPHICS, PHOTOGRAPHS, SOUNDS, MUSIC, CODE AND SOFTWARE.
You may not share any Services' content with anyone else who has not also purchased an access for that content. Underline will not tolerate violations related to sharing content and reserve the right to delete or suspend your account if you violate any of our rules.
You may not make use of any robots, spiders, or similar data gathering or extraction tools or manual process to collect, gather or copy any content or data related to the Services.
User Submission
Some of the content on the Site is submitted by our users including, without limitation, any information submitted on communication forums or other public areas of the Site ("User Submission"). We encourage you to take advantage of the many opportunities to interact with Underline by posting and reading content and participating in online discussions. We do not guarantee any confidentiality with respect to a User Submission and you are solely responsible for your own User Submission and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submission, including the right to authorize us to use the User Submission in the manner contemplated by the Terms. You hereby grant to Underline the right to use your name in connection with User Submission. You grant us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to reproduce, distribute, transmit, create derivative works, publicly display and publicly perform any User Submission or any other information you communicate to us by all means.
You are not allowed to use the Site and the Services for any advertising or promotions, including, but not limited to, via placing any advertising on communication forums or other public areas of the Site.
We generally do not pre-screen, monitor, or edit User Submissions. However, we reserve the right to reject, cancel, remove and User Submission at our sole discretion and at any given point of time.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that User Submission and, or the Services infringe your copyright, you may send us a notice requesting that the material be removed or access to it be blocked.
The Rules
By using the Site and the Services, you agree that you will not:
· use the Site and the Services for any illegal purpose,
· use the Site and the Service for any harmful or nefarious purpose
· use the Site and the Service in order to damage Underline
· spam, solicit money from or defraud any users
· impersonate any person or post any images of another person without his or her permission
· bully, "stalk", intimidate, assault, harass, mistreat or defame any person
· post any content that violates or infringes anyone's rights, including rights of publicity and privacy
· post any hate speech, threatening, sexually explicit or pornographic content
· post any violence or nudity
· promote racism, bigotry, hatred or physical harm of any kind against any group or individual
· solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission
· use another user's account
Services Purchase Conditions
If you purchase the Services package, you enter into a legally binding contract and are fully responsible for reading the full package listing and description before committing to buy. Fees for the Services package and other Services will be stated at the time of your purchase and are processed by PayPal and Stripe and are subject to their terms of use and privacy policies.
Unless otherwise noted, all currency references are in U.S. dollars. Fees for the Services will be inclusive of applicable taxes where required by law, but payment processing fee may be charged for certain services.
The Services packages are the online content. You agree that you will be able to view online content only during the viewing period specified in the Services package description. Once the viewing period has ended, you will no longer have access to it.
Changing Fees
We reserve the right, at any time, to change any fees or charges for using the Services, provided that such changes will not apply to fees or charges paid prior to the time of the change.
No Refunds
No refunds are offered for any fees collected by the Services. Underline is not responsible or liable for any refunds for the Services packages and, or other purchases related to the Services.
Termination of Account and Private Online Session
We reserve the right to investigate and, or terminate your account without a refund of any purchases if you have violated the Terms, misused the Services or behaved in a way that Underline regards as inappropriate or unlawful, including actions or communications that occur on the Service.
We reserve the right to terminate any private on-line session, if applicable and offered in the Services package, with no refund if you violated the Terms, misused the Services or behaved in a way that Underline regards as inappropriate or unlawful, including actions or communications.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE AND ALL CONTENT INCLUDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE", 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. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS DATA OR PROFITS, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF SITE REFERENCED OR LINKED TO FROM THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY LIABILITY, LOSSES, OR DAMAGES ARISING OUT OF YOUR INABILITY TO ACCESS OR USE THE SERVICES OR YOUR USE OR RELIANCE ON THE SERVICE; OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER. WE SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your violation of these Terms or other negligent or wrongful conduct.
Health Disclaimer
You understand that, from time to time, we may suggest physical practical exercises and/ or the use of equipment and it is your sole responsibility to determine if any such exercises or equipment is appropriate for your physical and mental condition. Physical practical exercises in all of its forms and with or without the use of equipment may be a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise, routine or using any suggested equipment, shown in any of the videos on the Services. All suggestions and comments relating to the use of equipment, moves, poses and instructions are not required to be performed by you and are carried out at your election.
By using the Services, you represent that you understand that physical practical exercises carry 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. You expressly waive and release any claim that you may have at any time for injury of any kind against Underline.
Interruption of the Service
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 the Services and therefore, delays and disruption of other network transmissions are completely beyond our control.
Choice of Law and Arbitration
These Terms, together with the Privacy Policy shall be governed and construed in accordance with the internal laws of the State of New York. You agree that any legal action or proceeding between Underline and you for any purpose concerning these Terms, the Privacy Policy and, or your use of the Service shall be brought exclusively in a federal or state courts of competent jurisdiction sitting in New York City, New York.
Entire Agreement
These Terms, together with the Privacy Policy constitute the entire agreement between you and Underline concerning the Services. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
Assignment
Underline may assign its rights and duties under these Terms to any party at any time without notice to you.
Consent to Electronic Communications
Most communication between Underline and you will be sent and received electronically. You agree that all electronic communication between us and you shall satisfy any legal requirements that such communications be in writing.
