Terms Of Service
Last updated: August 28, 2023
Welcome to Studio Brick, LLC! We are excited to provide fitness classes designed to promote physical strength, toning, and athletic training for individuals, athletes, and children. We have a few rules you need to follow, so it’s important for you to read this Terms of Service very carefully.
Although the language in this Terms of Service is simple, the intentions are serious. This contract is a binding, legal document between Studio Brick, LLC, its subsidiaries and affiliates (collectively, “STUDIO BRICK”), and you governing the use of our websites, our mobile products, and our services.
COMPLIANCE AND DISCLOSURE
STUDIO BRICK reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
By accessing our websites and using our Services, you acknowledge and agree that STUDIO BRICK may keep record of activities or content in connection with the Services. STUDIO BRICK may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of STUDIO BRICK, Service users, or the public.
NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
MODIFICATION OF TERMS
USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
STUDIO BRICK Code of Conduct
STUDIO BRICK gives individuals the unique opportunity to interact with one another in a workout/training setting through in person training and potential partner/collaboration training.
If you choose to engage in Studio Brick Services, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for the legal rights of users connected with STUDIO BRICK.
By participating in the Studio Brick Services, you agree that your interactions with other participants in Studio Brick Services will not contain anything that is or could appear to be:
- Threatening, bullying, harmful, stalking another participant, harassing, hateful;
- Racially, ethnically, or otherwise objectionable;
- Offensive language;
Untrue, misleading, libelous, invasive to another person’s privacy;
- Pornographic, sexually explicit, or unlawful;
- Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Unsolicited, undisclosed, or unauthorized advertising;
- Misuse of equipment; and
Any other action that violates applicable local, state, national or international law, regulation or statute (including export laws).
STUDIO BRICK takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that STUDIO BRICK deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that STUDIO BRICK will pursue civil remedies without providing advance notice.
User Post Content Disclaimer
STUDIO BRICK may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. STUDIO BRICK has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on Studio Brick Services. You are solely responsible for how you view and interpret User Posts on the Studio Brick Services.
User Identity Disclaimer
While STUDIO BRICK is a closed, fitness educational environment, STUDIO BRICK cannot guarantee the identity of any users with whom you interact on our Services. STUDIO BRICK also cannot guarantee which users gain access to the Services. Your use of the STUDIO BRICK service is AS IS and AT YOUR OWN RISK.
STUDIO BRICK respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Services to third parties;
modify our Services in any way;
- reverse engineer, or permit others to reverse engineer, our Services;
- copy the user manuals, help features, user forums and other documentation associated with our Services;
- rent, lend, publicly perform, present, broadcast or distribute our Services;
- make derivative works of our Services;
- translate our Services into another computer language;
- use our Services on a device that you do not own or control;
- permit multiple users to share a single user name to our Services; or
- copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
Harmful or Illegal Use
By using the Services, you agree to respect STUDIO BRICK and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
- permit multiple users to share a single user name to our Services;
- undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
- use our network to send unsolicited bulk electronic mail messages (“Spam”);
- use “warez,” including (without limitation) pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
- use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
- use torrents or related technology on our servers;
use a false email return address to confuse other users;
- attempt to access other networks or accounts that do not belong to you on our network;
- undergo any act that interferes with the Services of another user or network;
circumvent security measures on the network or our Services;
- engage in illegal activities or engage in activities harmful to the operations of STUDIO BRICK, our Services or other customers and users;
- use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
- engage in terroristic activities;
- send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
- Provide false data on any of the Services.
INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services is owned by or is licensed to STUDIO BRICK. This includes, but is not limited to the text, graphics, photos, forms, workout details, pamphlets, written material, video recorded material, exercises and interactive features created by and for STUDIO BRICK (collectively, “STUDIO BRICK Content”). This also includes trademarks, service marks, and logos contained in our Services (“STUDIO BRICK Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the STUDIO BRICK Content or Marks.
The STUDIO BRICK Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. STUDIO BRICK Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of STUDIO BRICK Content obtained through the Services for any commercial purpose.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide STUDIO BRICK’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Studio Brick Services, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
Our Designated Copyright Agent to receive notifications of claimed infringement is:
1105 Captial Blvd
Raleigh, NC 27603
USER DATA AND ACCOUNTS
STUDIO BRICK does not own any data, information, or material that you submit to the Services (“User Data”). You, not STUDIO BRICK, are fully responsible for the quality, integrity, legality, accuracy, reliability, appropriateness, or the right to use all of the User Data. STUDIO BRICK cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
TERM AND TERMINATION
Termination or Cancellation by STUDIO BRICK
STUDIO BRICK reserves the right, at its sole discretion, to terminate your password, account, membership, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If STUDIO BRICK suspends or cancels your account or membership, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data.
REPRESENTATIONS AND WARRANTIES
STUDIO BRICK’s REPRESENTATIONS AND WARRANTIES
STUDIO BRICK represents and warrants that in performing the Services provided in this Agreement that:
- It has the authority and is legally able to form a binding contract with you;
- It will, at a minimum, conform to generally accepted industry standards and practices;
- It will be qualified by education and experience to perform the duties required in this Agreement; and
- It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
- You represent and you warrant that you are legally able to form a binding contract with STUDIO BRICK (either for yourself or on behalf of your child), and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
- You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
- You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
- You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
- You agree to immediately notify STUDIO BRICK of any unauthorized use of your account or any other breach of security. STUDIO BRICK will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
- You understand that all User Data is the sole responsibility of the account owner from which the User Post or User Data originated. STUDIO BRICK does not claim ownership to or responsibility for any User Post or User Data.
- STUDIO BRICK reserves the right, but does not assume the responsibility, to monitor or review any activity on STUDIO BRICK’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
- You agree that you will not engage in any activity that interferes with or disrupts Studio Brick Services or servers or networks connected to Studio Brick Services.
- You represent and you warrant that you will not use Studio Brick Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of STUDIO BRICK and are grounds for suspension or termination of your account and Services.
By accessing, registering for, using, or downloading or participating in our Services you agree to indemnify, defend and hold harmless STUDIO BRICK, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
- Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
- Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STUDIO BRICK, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE STUDIO BRICK SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER STUDIO BRICK HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO STUDIO BRICK SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO STUDIO BRICK DURING THE PRIOR THREE MONTHS IN QUESTION.
THE STUDIO BRICK SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STUDIO BRICK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDIO BRICK SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. STUDIO BRICK DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF STUDIO BRICK SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STUDIO BRICK AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and STUDIO BRICK by this Agreement.
You agree that STUDIO BRICK may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Studio Brick Services.
Choice of Law and Forum
The Terms of Service and the relationship between you and STUDIO BRICK are governed by the laws of the Commonwealth of Pennsylvania. You and STUDIO BRICK agree to submit to the personal and exclusive jurisdiction of the courts located within Wake County, North Carolina.
Location and Data Transfers
Our Services and the servers that make the STUDIO BRICK website available may not be located in the country where you live and are governed by U.S. Law. By using the Studio Brick Services, you agree to the transfer, collection, processing and use of data by STUDIO BRICK.
STUDIO BRICK may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. STUDIO BRICK may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If STUDIO BRICK does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by STUDIO BRICK in writing.
Statute of Limitations
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 Studio Brick Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
QUESTIONS OR ADDITIONAL INFORMATION