Terms & Conditions and Privacy & Data Protection Policy
LUSH MOTION TERMS & CONDITIONS OF USE AGREEMENT
Last modified: November 1, 2020
lushmotion.com is a website (hereinafter referred to as the “Website”) wholly owned by Lush Motion registered in the Netherlands with KvK number 80309445. This website is designed to provide you with instructions for pole dancing, fitness exercises and stretching. This website is not designed for persons under 18 years of age.
These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Lush Motion, including any software, applications, and mobile versions created by Lush Motion (collectively, the “Service”). The availability of any Lush Motion applications on a mobile device, social networking site, internet TV or other platform does not indicate a relationship or affiliation between Lush Motion and that platform.
1. ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website), a “Shopper” (which means that you have purchased goods from the Website), or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately.
2. HEALTH DISCLAIMER
Prior to beginning any program on the Website, you are advised to seek the advice of a physician regarding any routine, program or about using any suggested equipment shown in any of the video clips on the Website or any program or other media available for purchase on the Website. Lush Motion is not a medical organisation. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
Lush Motion and its affiliate instructors cannot give you medical advice or diagnosis. You agree that all exercises are performed freely by You. You further agree that you are not required to perform any exercise offered by the Website. You represent that you understand physical exercise involves strenuous physical movement. Accordingly, you understand that such activity carries the risk of injury whether physical, mental, or emotional. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. You agree not to exceed your limits while performing any activity offered on the Website, and you further agree to select the appropriate level of classes for your abilities, as well as for any mental or physical conditions and/or limitations you have.
You knowingly, intelligently, and expressly waive and release any claim that you may have at any time for injury of any kind against Lush Motion, or any person or entity involved with Lush Motion, including but not limited to its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
4. GENERAL REGISTRATION REQUIREMENTS
To become a Member, you must read this Agreement and indicate your acceptance during the registration process. You must represent that you are of legal age to form a binding contract (by providing information about yourself to Lush Motion you are representing that you are eighteen (18) years of age or old, since Lush Motion’s content is not directed to persons under eighteen (18) years of age), and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide truthful, accurate, current and complete information about yourself as prompted by the registration form available on the Website (“Personal Data”) and (b) maintain and promptly update your Personal Data to keep it true, current, and complete. If you provide any information that is false or inaccurate, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lush Motion 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.
5. CONTENT PROVIDED “AS IS”
All Content (defined in section 9) offered on the Website is provided “AS IS” for your information and your own personal use only. It 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 Lush Motion. Lush Motion reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
a) as intended through the normal functionality of the Lush Motion Service;
b) for your information and personal use; and
c) for Streaming of video content. Please note that accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
6. SECURITY AND PASSWORD
You must choose a password and username upon registration. (as well as additional information pertaining to your account, like your e-mail address). You are responsible for maintaining the confidentiality of your password and account information. You agree to (a) ensure that you log out from your account at the end of each session; and (b) immediately notify Lush Motion of any unauthorized use of your password or account or any other breach of security. You may never use another Member’s account without prior authorization from Lush Motion. Lush Motion will not be liable for any loss or damage arising from your failure to comply with this Agreement.
7. NON-COMMERCIAL USE
The Service may not be used in connection with any commercial purposes, except as specifically approved by Lush Motion. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
8. LUSH MOTION AND OTHER LICENSORS
Our Website contains Content of Lush Motion, and Content of third party licensors to Lush Motion (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Lush Motion owns and retains all rights, title and interest in the Lush Motion Content. Lush Motion hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view Lush Motion Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party.
Lush Motion is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Lush Motion or any of its employees, instructors, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Lush Motion encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Lush Motion works to ensure the information on the Website is current and accurate, Lush Motion does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its appropriateness for any particular purpose.
9. NO OVERRIDING OR DISABLING SECURITY COMPONENTS
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Lush Motion and/or content providers who provide content to Lush Motion. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
10. LUSH MOTION IS NOT RESPONSIBLE FOR OTHER SITES
Your privacy is important to us and we handle your personal information in line with the European General Data Protection Policy (GDPR). Please see our Privacy and Data Protection Policy.
12. COPYRIGHT INFRINGEMENT
It is Lush Motion’s policy to respect the copyright and intellectual property rights of others. Lush Motion may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Lush Motion may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Lush Motion complies with the Digital Millennium Copyright Act.
If you believe that Lush Motion or any user of our Sites has infringed your copyright in any material way, please notify Lush Motion, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: firstname.lastname@example.org
13. TRIAL PERIOD
A trial period of 14 days (“Trial”) is offered to you with the Monthly Plan to try Lush Motion. A valid credit or debit card (“Payment Source”) is required to enable this Trial. After 14 days, your trial is converted automatically to a Monthly Plan of €20,- per month or € 195,- per year. Cancelling your account during the 5 day trial will stop the automatic upgrade to a Monthly Plan or Yearly Plan. You may only use the Trial once. Lush Motion reserves the right to terminate any account that is using or trying to use more than one Trial.
14. NO SHARING
Members of Lush Motion may not share, give or sell their password or username to any other person or entity. Excessive viewings of specific or all videos, or logins by any Member will be construed by Lush Motion 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.
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Lush Motion later increases the price of the subscription, Lush Motion 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.
16. FRAUDULENT USE
Lush Motion reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion. Reasons for which include, but are not limited to excessive viewing emulating that of a robot more than a natural person.
17. INTERNATIONAL USERS
The Sites are controlled, operated, and administered by Lush Motion from its offices in The Netherlands. Lush Motion makes use of Uscreen.tv as a third party platform for hosting content. If you access the Sites from a location outside of the The Netherlands, you are responsible for compliance with all local laws.
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 limitations of liability, discussed below may not apply to you; all other provisions of this Agreement remain in full force and effect.
All memberships are renewed automatically until cancelled. Memberships are billed monthly, annually or per six months, depending on subscription plan. If membership is terminated due to a violation of this Agreement, Lush Motion will not reimburse the Member for the remainder of any paid subscription period, nor will reimbursements be made for membership cancellations prior to any renewal date. 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.
19. PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that: orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error; all prices are displayed in Euro unless expressly indicated otherwise.
20. DISCLAIMER OF WARRANTIES
Lush Motion’s disclaimer of warranties extends to all services, products, videos, advertisements, comments, posts, and content now on lushmotion.com, or hereinafter presented.
You expressly agree that use of the sites and other products and services of Lush Motion is at your sole risk. You understand and agree that the sites and the information, services, products, and materials available through it and otherwise are provided on an “as-is” and “as-available” basis.
You acknowledge that Lush motion does not control in any respect any advertisements, product descriptions, products, or content offered by third parties on or through the sites, including, but not limited to, information or products provided by license to Lush Motion from third parties. Except as otherwise agreed in writing, Lush Motion and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, or usefulness of content or products (including product descriptions) distributed or made available by third parties through or outside of the sites.
Nor does Lush Motion make any warranty as to the results that may be obtained from use of the sites, any products or services offered or sold through the sites, or its content.
Although Lush Motion strives to prevent the introduction of viruses or other destructive materials to the sites, Lush Motion does not warrant, guarantee, or make any representations that the sites are free of destructive materials. In addition, Lush Motion does not warrant that access to the sites will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
Lush Motion disclaims any warranty or representation that confidentiality of information transmitted through the sites will be maintained. To the extent allowed by law, Luhs Motion disclaims all warranties and conditions not explicitly stated herein. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. The terms of this section survive any termination of the Terms and Conditions.
21. LIMITATION ON LIABILITY
Our limitation on liability extends to all services, products, videos, advertisements, comments, posts, and content now on lushmotion.com, or hereinafter presented.
We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law.
In no event, including, without limitation, negligence, shall Lush Motion or its affiliates be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the sites; (ii) the use or inability to use the sites; (iii) the use of or reliance on any content or information displayed in or on the sites; (iv) the purchase or use of any products through the sites or otherwise; (v) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (vi) errors, system down time, network or system outages, or file corruption or service interruptions; or (vii) otherwise under this agreement/terms and conditions, whether or not reasonably foreseeable, even if Lush Motion or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding anything to the contrary contained herein, Lush Motion’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last 90 days to Lush Motion for any products supplied by Lush Motion through your use of the sites or otherwise.
Lush Motion will not be liable in any amount for failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
These exclusions shall be governed by and construed in accordance with the law of The Netherlands. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
22. INDEMNIFICATION POLICY
You agree to defend, indemnify and hold harmless Lush Motion, 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: (a) your use of and access to the Website; (b) your violation of any term of this Agreement; (c) your violation of any third party right. This defense and indemnification obligation will survive this Agreement and your use of the Website.
23. YOU AGREE THAT FUTURE TERMS ARE BINDING
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, 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 otherwise engage in activities governed by such additional terms.
24. GOVERNING LAW AND VENUE
This Agreement shall be governed by the Dutch laws, without respect to its conflict of laws principles. Any claim or dispute between you and Luhs Motion that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in The Netherlands.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that: (a) the Website shall be deemed solely based in The Netherlands; and (b) Lush Motion Website shall be deemed a passive website that does not give rise to personal jurisdiction over Lush Motion, either specific or general, in jurisdictions other than The Netherlands.
25. MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
26. OTHER IMPORTANT TERMS
This Agreement, along with any other legal notices published by Lush Motion on the Website, shall constitute the entire agreement between you and Lush Motion concerning the Website and governs your use of Lush Motion, superseding any prior agreements between you and Lush Motion with respect to the Website and Service. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lush Motion without restriction. The failure of Lush Motion to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
27. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Lush Motion reserves the right to amend this Agreement at any time. No notice is required to amend this Agreement. Such modification shall be effective upon its posting on the Website. It is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. It is imperative that you review this Agreement regularly.
29. TERM AND TERMINATION
This Agreement shall remain in full force and effect for so long as it is posted on any of the Websites. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following subscription period. You will not receive a refund for the current billing period.
Lush Motion reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Lush Motion believes that you have breached any of the terms of this Agreement, furnished Lush Motion with false or misleading information, or interfered with use of the Website or the Service by others.
LUSH MOTION PRIVACY & DATA PROTECTION POLICY
Last modified: November 1, 2020
This is the Privacy and Data Protection Policy of Lush Motion (hereinafter referred to as "Lush Motion," "we," "us" or "our"), a company having its address at H.J.E. Wenckebachweg 6V6, 1096 AN Amsterdam. Lush Motion is registered with the Chamber of Commerce under number 80309445. Our Privacy and Data Protection Policy explains how we collect, use, share and protect information in relation to our website www.lushmotion.com (the "Service"). We collect this information when you visit our website with your computer, tablet or mobile phone ("Computer"). We process personal data in a manner that is in accordance with the General Data Protection Regulation (the "GDPR"), the GDPR-based legislation and the other current privacy legislation.
By using the Service, you understand and agree to the collection and use of information in accordance with this Privacy and Data Protection Policy. Our Privacy and Data Protection Policy applies to all visitors, users, and others who access the Service ("Users").
WHAT KINDS OF INFORMATION DO WE COLLECT?
Information you provide
We collect the following information you provide us with directly:
- Your username, password and email address when you register for an Lush Motion account;
- Profile information that you provide for your user profile;
- Communications between you and Lush Motion (e.g., we may send you Service related emails);
Log file information
We collect information that your browser sends whenever you visit our Service. This log file information may include information such as your computer's Internet Protocol address, browser type, browser version, the page of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Analytics services (non-personally identifiable information only)
HOW DO WE USE THIS INFORMATION?
We use all of the information we have to help us provide and support our Services. Here is how:
- remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
- provide, improve, test, and monitor the effectiveness of our Service;
- to help you efficiently access your information after you sign in;
- monitor metrics such as total number of visitors, traffic, and demographic patterns;
- diagnose or fix technology problems;
- develop and test new products and features
We may use your information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
HOW IS THIS INFORMATION SHARED?
We will not rent or sell your information to third parties outside Lush Motion.
CHANGE OF CONTROL
If we sell or otherwise transfer part or the whole of Lush Motion or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information collected through the Service may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy and Data Protection Policy.
LEGAL REQUEST AND PREVENTING HARM
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
SAFETY AND SECURITY
Lush Motion has taken appropriate technical and organizational measures by using the latest technologies to protect your information against loss or unlawful processing. We use safeguards to help keep the information collected through the Service secure and take steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Lush Motion cannot ensure the security of any information you transmit to Lush Motion or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We request you to do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Lush Motion, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
Your information may be transferred to, and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. If you are located outside the Netherlands and choose to provide information to us, please note that we transfer the information to The Netherlands. Your consent to this Privacy and Data Protection Policy followed by your submission of such information represents your agreement to that transfer.
In accordance with the law, Lush Motion does not retain data any longer than is required for attaining the purposes for which they were collected.
INSPECTION AND CORRECTION
If you wish to know which of your data Lush Motion has recorded or if you wish to amend or remove data that you cannot amend via your account, please contact Lush Motion.
THIRD-PARTY APPLICATIONS, APPS AND WEBSITES
We are not responsible for the practices employed by any applications, websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another application, website or service, our Privacy and Data Protection Policy does not apply to those third-party applications, websites or services. Your browsing and interaction on any third-party application, website or service, including those that have a link on our Services, are subject to that third party's own rules and policies.
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children have provided us with personal information, please contact us. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
CHANGES TO THIS PRIVACY AND DATA PROTECTION POLICY
We may modify or update our Privacy and Data Protection Policy from time to time. We will notify you of any changes by posting the new Privacy and Data Protection Policy on this page. You are advised to review this Privacy and Data Protection Policy periodically for any changes. Changes to this Privacy and Data Protection Policy are effective when they are posted on this page.
HOW TO CONTACT US
If you have any questions about this Privacy and Data Protection Policy of the Service, please send an email to email@example.com.