Terms & Conditions.

Terms & Conditions Agreement

Last updated: 01 January, 2022

Levels Fitness Studios Terms & Conditions Agreement (“Agreement”) is between you and Levels Fitness Ltd. (for the purposes hereof, “Levels” “we” or “us”). The Agreement governs your use of the “Levels Fitness Ltd,” an online platform that allows consumers like you to purchase programmes (“Programmes”) from us (“Levels”) through our branded website and applications that we power.

1. Acceptance

By creating an account, making a purchase, downloading Levels-branded applications that we power, or otherwise visiting or using the Levels Fitness Ltd Service, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the Levels Fitness Ltd Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the Levels Fitness Ltd Service, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Levels Fitness Ltd deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), and Section 10 (General Provisions).

2. Accounts

Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Levels Fitness Ltd of the Programs you purchase at this email address.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Levels Fitness Ltd Service.

Parents and Guardians: By granting your child permission to use the Levels Fitness Ltd Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorised activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorised access to your account, you must change your password and notify us immediately.

3. Privacy

Please review our Privacy Policy to learn about the information we collect from you when you use the Levels Fitness Ltd Service, how we use it, and with whom we share it.

By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. Levels Fitness Ltd is not responsible for a Producer’s use or disclosure of your data.

4. Program Viewing and Purchase Options

Producers may offer the following purchase options through Producer-branded websites and applications:

  • Purchase: After paying the stated fee, you may begin the programme.

  • Subscription: For a recurring fee, you may begin the programmes offered within Levels Fitness Ltd during your subscription period. The Producer may add, remove or edit Programmes from the service at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Free trials and Discounts: Levels Fitness Ltd may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If Levels Fitness Ltd provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If Levels Fitness Ltd offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.

How to Decline Renewal: To decline or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

5. Code of Conduct

In using the Levels Fitness Ltd Service, you may not:

  • Use offensive language (e.g., explicit language);

  • Ensure a high standard of personal hygiene & cleanliness is adhered to.

  • Act in a deceptive manner or impersonate any person or organization;

  • Harass or stalk any person;

  • Harm or exploit minors;

  • Collect personal information about others;

  • Access another’s account without permission;

  • Use or export any of our services in violation of any UK laws;

  • Engage in any unlawful activity; or

  • Cause or encourage others to do any of the above.

5.1 Prohibited Technical Measures

You will not:

  • Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Levels Fitness Ltd Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

  • Submit any malicious program, script, or code;

  • Submit an unreasonable number of requests to our servers; or

  • Take any other actions to manipulate, interfere with, or damage the Levels Fitness Ltd Service.

5.2 Restricted Users

You may not create or maintain an account if you are a member of a terror or hate group, You may not purchase any goods or services from us.

6. Disclaimers

YOUR USE OF THE LEVELS FITNESS SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. LEVELS FITNESS LTD PROVIDES THE LEVELS FITNESS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMMES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LEVELS FITNESS LTD AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, Levels Fitness Ltd makes no representations or warranties concerning:

  • The availability of the Levels Fitness Ltd Service in a particular jurisdiction.

  • The availability of the Levels Fitness Ltd Service for any particular device, operating system, or browser.

  • The continued support for a particular feature of the Levels Fitness Ltd Service.

  • The viewing quality of any Programme. Levels Fitness Ltd does not guarantee that you will be able to use the Levels Fitness Ltd Service at all times, or view any programme uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

  • The content of any programme or the suitability of any programme for any audience. All opinions and statements expressed by or in programmes (or related materials) are those of the Producer and/or persons involved in the production of the Programme, Levels Fitness Ltd.

  • The continued availability of any programme or the availability of particular programme within a subscription channel. Programs may be withdrawn at any time without notice.

  • Any Producer’s actions or omissions with respect to your personal information.

Producers may provide links to other Producer websites or third-party websites. Levels Fitness Ltd is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIMEO, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER VIMEO USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO VIMEO OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Vimeo (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

9. Indemnification

You shall indemnify, defend, and hold harmless Vimeo and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

10. Arbitration Agreement; Jury Waiver; Class Action Waiver

This Section 10 sets forth a binding arbitration agreement between you and Vimeo (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:

  • To arbitrate all claims relating to the Vimeo OTT Service;

  • To waive your right to a trial by jury; and

  • To waive any right to proceed on a class basis in arbitration or otherwise.

10.1 Arbitration Agreement

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Vimeo OTT Service shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as modified by our Arbitration Procedures.

10.2 Overview

Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Vimeo are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

10.3 Location of Hearing

If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, New York State, United States of America.

10.4 Class-Action Waiver

EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

10.5 Exception for Small Claims Court Matters

Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.

10.6 Jurisdiction and Venue

The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.

10.7 Binding Arbitration with Producers

To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with Vimeo, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10.

11. General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the Vimeo OTT Service will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Vimeo and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of Vimeo (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither Vimeo nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

U.S. Export Compliance: You may not use the Vimeo OTT Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Vimeo OTT Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.

Entire Agreement: This Agreement incorporates by reference the Vimeo OTT Privacy Policy, Arbitration Procedures, and Copyright Policy. Except for links to these documents, links to pages on the Vimeo website or any third party materials are for convenience only and do not form part of this Agreement.

This Agreement sets forth the entire understanding between you and Vimeo concerning your use of the Vimeo OTT Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Vimeo website and will apply prospectively.

Contact Us: If you have any support questions, please contact us at ottsupport@vimeo.com. You must send any notices of a legal nature to us at:

Vimeo.com, Inc. Attention: Legal Department 555 West 18th Street New York, New York 10011 legal@vimeo.com