[Last modified: March 3, 2018]
Welcome to Hip Wise!
Thank you for using our products and services (“Services”). The Services are provided by Hips Unlimited, LLC, a Texas limited liability company doing business as Hip Wise, LLC (“Hip Wise”, “our”, “us”, or “we”).
By using our Services, you are agreeing to these terms (“Terms”). Please read them carefully.
Using Our Services
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not attempt to bypass or circumvent the security measures we use to protect Hip Wise, the Services, and our users. Do not attempt to access user accounts other than your own. Do not use the Services to display libelous, defamatory, pornographic, obscene, abusive or offensive materials. Do not use the Services for malicious purposes. Do not use or launch any automated system, including without limitation, any robot, spider, botnet, or offline viewer) that access the Services in a manner that sends more request messages to the Services’ servers in a given period of time than a human can reasonably produce in the same period by using a publicly-available, standard (i.e. not modified) web browser. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Do not attempt to download, save, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any media, including without limitation images, audios, and videos, from the Services. Do not attempt to view media, including without limitation images, audios, and videos, from the Services outside of the means and methods provided by the Services.
Operators of public search engines may copy materials from the parts of the Services that are available to an average visitor without an account for the sole purpose of creating publicly-available, searchable indices of such materials, but may not cache or archive such materials.
Our Services may display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Please note that a current and valid email address is required for account recovery. It is your responsibility to make sure that the email address that you have an account with us is kept current. If you are unable to recover your account because you do not have access to the email address listed for your account you may not be able to modify your account or stop scheduled payments. In that case, please contact us using the information provided on our Contact page. Note that our support staff is not permitted to give account access, but they are permitted to suspend your account upon a sufficient showing of ownership.
Use of the Services requires a password. It is your responsibility to remember your password and keep your password secure and confidential. We recommend using a strong password that is at least 16 characters long and uses a combination of lowercase letters, uppercase letters, numbers, and symbols.
Please note that, although we have implemented measures to safeguard the security of your account, such measures cannot ensure your account’s security with 100% effectiveness. It is your responsibility to notify us immediately upon your awareness of any breach of security or unauthorized use of your account. You are solely responsible for any and all activity that occurs under your account.
Crazy things happen. We cannot guarantee that the Services will work flawlessly until the end of time. You should always keep a backup of any and all materials that you use in conjunction with our Services.
Use of Hip Wise
You may use our Services for the purpose of watching, or in the case of users that we have approved to be teachers, uploading dance-related videos. If you have a question about whether your video is appropriate, please feel free to contact us.
Access to some of our videos requires a subscription to the channel on which the video is provided. In such cases, you may only watch those videos if you have an active subscription to that channel.
Your name must be an accurate representation of you.
You may not modify, resell, or otherwise transfer your account. The Services are provided as-is, with no warranty. By using the Services, you grant us the right to feature you, your name, your image, and your website on our website and other promotional materials, which may include showing an image of your website and providing a link to your website.
By uploading content, including without limitation images, audio files, and videos, to the Services, you grant us an irrevocable, royalty-free, perpetual, transferable, fully-paid, worldwide, exclusive license to use, display, perform, modify, and reproduce such content.
Any and all payments you make to Hip Wise are non-refundable.
Most of our videos are high-quality, high-resolution videos and thus tend to be large in size. If you are accessing our videos over a cellular network, cellular data rates may apply.
Please keep comments relevant to the post on which you are commenting. Do not spam any comments section the Services. Do not include any solicitation of business or other business promotional material in any comment. Do not contact or harass any user of the Services, except that you may contact, but not harass, a user that moderates a channel. Do not compile lists of users of the Service for your own personal or commercial use.
You agree and acknowledge that the yoga and the other physical activities presented in the Services (together, the “Activities”) may include strenuous activities which require balance, flexibility, muscle strength, endurance, aerobic fitness, mental concentration, and other physical and mental abilities, and that there may be certain health risks, including but not limited to muscle soreness, strains, sprains, pulls, or tears, cuts or bruises, illnesses, and other injuries, related to performing the Activities. It is your responsibility to consult with a physician prior to your participation in any of the Activities. By participating in any Activity, you assume sole responsibility for your decision to participate and the risks involved therein, and affirm that you have no known medical condition which would prevent you from participating. If, at any time during such participation, you feel discomfort, pain, or strain, you should immediately cease the activity and consult your physician.
Privacy & Copyright Protection
Our privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Hip Wise can use such data in accordance with our privacy policies. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Do not submit to the Services any third party copyright material or material that is subject to other third party proprietary rights, including without limitation rights of privacy and rights of publicity, unless you have a formal license or permission from the rightful owner or are otherwise legally entitled to post the material in question, and such license, permission, or entitlement includes the right to grant us all of the licenses we claim to such material under these Terms.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact us using the information provided on our Contact page and include a detailed report of the infringement.
Modifying & Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we will be sorry to see you go. Hip Wise may also stop providing Services to you, or add or create new limits to our Services at any time.
Our Warranties & Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. We do not guarantee that our Services will render properly in all browsers. We generally try to make sure that our templates render properly in the latest stable versions Google Chrome, Mozilla Firefox, and Apple Safari. Please refer to our FAQ page to get the latest information on browser compatibility. We do not guarantee that the Activities will not cause injury.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER HIP WISE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability For Our Services
WE, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, SPONSORS, SUPPLIERS, DISTRIBUTORS, LICENSEES, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”), WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
YOU, FOR YOURSELF, AS WELL AS FOR YOUR HEIRS, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNEES, HEREBY FOREVER AND IRREVOCABLY RELEASE THE RELEASED PARTIES, FROM ANY CLAIMS, COUNTER-CLAIMS, DEBTS, OBLIGATIONS, COSTS, EXPENSES, LOSS OF SERVICES, ACTIONS, RISKS, INJURIES, DAMAGES, ACCIDENTS, LIABILITIES, CLAIMS, DEMANDS, JUDGMENTS, LOSSES, COSTS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER ARISING OR RESULTING FROM OR RELATING IN ANY WAY, IN WHOLE OR IN PART, TO YOUR USE OF THE SERVICES AND/OR PARTICIPATION IN THE ACTIVITIES, REGARDLESS OF WHETHER ANY SUCH CLAIMS, INJURIES, ETC. RESULT FROM YOUR OWN ACTIONS, INACTION OR NEGLIGENCE, OR THE ALLEGED ACTIONS, INACTION OR NEGLIGENCE OF ANY OF, OR ANY COMBINATION OF, THE RELEASED PARTIES. YOU AGREE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU BY ANY OF THE RELEASED PARTIES TO INDUCE YOU TO PROVIDE THIS RELEASE; YOU ARE PROVIDING THIS RELEASE BECAUSE YOU WISH TO USE THE SERVICES.
YOU AGREE NOT TO SUE OR BRING ANY LEGAL CLAIM, PROCEEDING OR ACTION AGAINST ANY OF THE RELEASED PARTIES (AND YOU HEREBY KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVE ANY RIGHT TO BRING ANY SUCH ACTION) FOR ANY ACTION OR INACTION (INCLUDING ANY ACTION OR INACTION CONSTITUTING NEGLIGENCE) OF THE RELEASED PARTIES RESULTING IN PERSONAL INJURY, DEFAMATION, LIBEL, INVASION OF PRIVACY OR ANY OTHER SIMILAR HARM AS A RESULT OF YOUR USE OF THE SERVICES, IRRESPECTIVE OF WHETHER THE CAUSE, NATURE OR EXISTENCE OF ANY SUCH CLAIM IS KNOWN OR UNKNOWN TO YOU AT THIS TIME. YOU UNDERSTAND THAT SOME OF THE POTENTIAL INJURIES YOU MIGHT SUFFER THROUGH PARTICIPATION IN THE ACTIVITIES ARE FORESEEABLE, AND THAT OTHERS ARE UNFORESEEABLE AND THAT ANY SUCH INJURY, WHICH YOU DO SUFFER, MAY BE KNOWN OR UNKNOWN TO YOU FOR ANY GIVEN LENGTH OF TIME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS YOU MIGHT HAVE NOW OR IN THE FUTURE UNDER ANY FEDERAL OR STATE STATUTES OR COMMON LAW PROVISIONS THAT EITHER (I) DO NOT EXTEND TO CLAIMS WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST TO BE IN YOUR FAVOR AT THE TIME OF EXECUTING THIS RELEASE THAT, WHICH IF KNOWN, WOULD OR MIGHT HAVE MATERIALLY AFFECTED YOUR AGREEMENT TO THE PROVISIONS OF THIS AGREEMENT OR (II) OTHERWISE PREVENT OR HAMPER THE ENFORCEABILITY OF RELEASES OR WAIVERS OF CLAIMS UNDER THIS AGREEMENT.
IN NO INSTANCE SHALL ANY THE RELEASED PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business Uses Of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Hip Wise and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s’ fees. By using our Services in the name or on behalf of a business, you are confirming that the business has authorized you to do so.
About These Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. It is your responsibility to check these Terms regularly for changes and/or updates. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service immediately. Your continued use of one or more Services shall constitute your acceptance of any and all Terms applicable to that Service at that time.
If there is a conflict between these terms and the additional terms that we publish for a particular Service, the additional terms will control for that conflict.
No partnership, joint venture, employment arrangement, or other co-venture is created or shall be created between you and us by these Terms or your use of the Services.
These terms control the relationship between Hip Wise and you. They do not create any third party beneficiary rights, provided that each member of the group of companies that comprise Hip Wise shall be third party beneficiaries to these Terms and shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on, or rights in favor of, them.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term in these Terms is not enforceable, that will not affect the rest of the Terms.
We may transfer, assign or delegate Hip Wise, the Services, and these Terms and their rights and obligations without your consent. These Terms represent the complete and exclusive statement of our mutual understanding and supersede and cancel all previous written and oral agreements that may exist between us.
The laws of Texas, U.S.A., excluding Texas’ conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Travis County, Texas, USA, and you and Hip Wise consent to personal jurisdiction in those courts.