You Must Be At Least 18 Years of Age
By using and/or registering and/or providing any information on the Website or on or through the App, you certify that you are at least eighteen (18) years of age. If you are under 18 years of age you must immediately exit and make no further use of the Website, and either refrain from downloading, installing or using the App, or delete the App from your mobile device.
Third-Party Music Platforms
Our Website and App may utilize and interoperate with third-party music platforms such as Spotify and Apple Music (each, a “Third-Party Music Platform”) in order to provide you with access to certain content through the Website and App, such as Songs and Playlists. To login to and use the App or access certain portions of the Website, you may be required to: (i) register with one or more of the Third-Party Music Platforms; (ii) provide us with your username and password for your account with one or more of the Third-Party Music Platforms (“Third-Party Account”) in order to link your Third-Party Account with your Instructrr Account; and (iii) subscribe to and/or purchase a premium plan from one or more of the Third-Party Music Platforms.
By providing us with your username and password for your Third-Party Account and linking your Third-Party Account to your Instructrr Account, you: (i) grant Instructrr a license to: (a) access your Third Party Account and the information, data, and content available thereon; and (b) make available and store (if applicable) any information, data, and content (such as Songs and Playlists) available through your Third Party Account in order to make such information, data, and content available through your Instructrr Account; and (ii) you represent and warrant that (a) your Third-Party Account is your personal account; (b) you are not in breach of any of the terms or conditions that govern your use of the applicable Third-Party Music Platform by providing us with your username and password for your Third-Party Account or by providing us with a license to access and use such account and the information, data, and content thereon; and (c) by providing us with access to your Third Party Account, you are not obligating Instructrr to pay any fees and you are not subjecting Instructrr to any data usage limitations.
Your rights and obligations to the Third-Party Music Platforms (including your right to share your credentials and the information, content, and data on your Third-Party Account) are governed by the policies of such Third-Party Music Platforms. We do not make any representation or warranties regarding whether your use of the Website or the App will comply with the terms and conditions of any or all of the Third-Party Music Platforms associated with any Third-Party Account that you link to your Instructrr Account. It is your (and not Instructrr’s) responsibility to ensure that you are complaint with the terms and conditions of the relevant Third-Party Music Platforms. Instructrr disclaims all liability in the event that you provide Instructrr with or if Instructrr is given access to any Personally Identifiable Information or other information through its access to your Third-Party Account in violation of the terms and conditions of the relevant Third-Party Music Platform or in violation of the Privacy settings you have set in such Third-Party Account.
We are not endorsed or sponsored by any of the Third-Party Music Platforms.
We do not make any warranties or representations on behalf of any of the Third-Party Music Platforms or with respect to: (i) the service, websites, software applications and clients provided by such Third-Party Music Platforms (the “Third-Party Music Platform Services”); (ii) the Third-Party Music Platform’s developer tools accessible and documentation described on their respective developer websites (such as Spotify’s developer tools described at https://developer.spotify.com/)(the “Developer Tools”); or (iii) any content, data, information or material made available through the Developer Tools, Third-Party Music Platform or the Third-Party Music Platform Service, including, but not limited to sound recordings, short-form videos, cover art, musical works, artist biographies, song lyrics, metadata, playlists, and user data (the “Third-Party Music Platform Content”).
You Must Be Licensed to Use the Relevant Songs and Playlists
Please be aware that in order to lawfully play copyrighted songs in a fitness class, fitness instructors, clubs and/or centers must have first paid a licensing fee for the right to “publicly perform” such songs. You may not, and agree that you will not, play any of the Songs in your Playlists in any of your fitness classes or for any other commercial purpose, unless applicable local music licensing requirements have been met. By using any of the Songs in your Playlists in connection with teaching, running, or leading fitness classes or for any other commercial purpose, you represent and warrant that the required musical license to publicly perform each relevant Song in such location and for such purpose has been obtained (e.g. a public performance license from the American Society of Composers, Authors and Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”), SESAC, Inc. (“SESAC”) and/or Global Music Rights (“GMR”)). If you publicly perform any of the Songs on your Playlists using the Website or the App without the necessary public performance license, you (and not Instructrr) will be solely liable for your failure to comply with the relevant music licensing law.
Your Instructrr Account
If you want to access certain features offered by Instructrr, you must create an Instructrr Account on the Website and App by logging into one of your Third-Party Accounts. You may do so by entering your username and password for your Third-Party Account. We will create your Instructrr Account by extracting certain personal information such as your name and email address and other personal information that your privacy settings on your Third-Party Account permit us to access.
If you choose to create an Instructrr Account, you must treat your user name, password or any other piece of information related to your Instructrr Account as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Instructrr Account is personal to you and agree not to provide any other person with access to the Website or App, or portions thereof using your user name, password or other security information. You are responsible for all activity performed and transactions entered into on or through your Account, and you agree that we may treat any activity performed or transaction entered into on or through your Account as authorized by you. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Instructrr Account at the end of each session. You should use particular caution when accessing your Instructrr Account from a public or shared computer so that others are not able to view or record your password or other personal information.
You represent that all of the information, data, and other materials you provide on the Website, on the App, or to Instructrr through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website or the App, or to Instructrr through any other means, as appropriate.
You must not use the Website or the App to violate any local, state, national or international law, to interfere with or disrupt the servers or networks connected to the Website or the App, or to disobey any requirements, procedures, policies or regulations of networks connected to the Website or the App.
Permission is hereby granted to the extent necessary to lawfully access and use the Website, the App, and/or information, materials, products and/or services available on the Website or the App to display, download, archive and print in hard copy, portions of the Website or the App on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. Instructrr neither warrants nor represents that use of content displayed on the Website or on the App will not infringe rights of third parties not owned by or affiliated with Instructrr.
Additional Rights in App Granted by Instructrr
The Website and/or the App may contain message boards, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") messages, content or materials (collectively, "User Contributions") on or through the Website and/or the App.
Any User Contribution you post to the Website or the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Instructrr, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and/or the App.
However, we do not undertake to review all material before it is posted on the Website or on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the App, or by anyone who may be informed of any of its contents.
Unless otherwise indicated, the Website and the App as well as their design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Website or the App are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of Instructrr or the material is included with the permission of the rights owner.
You acknowledge that Instructrr owns all right, title and interest in and to all of the information on the Website and on the App as well as all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the Website and/or on the App constitute trademarks, tradenames, service marks or logos (“Marks”) of Instructrr or other entities. You are not authorized to use any of such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Instructrr or those other entities.
Updates to the App
Instructrr may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Instructrr has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
Linking to the Website and Links from the Website
You may link to the Website or the App provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website and the App include links to other sites and resources provided by third parties. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third-party websites linked to the Website or linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use of such websites. We may, at any time and in our sole discretion, disable all or any social media features that may be included on the Website or on the App as well as any links at any time.
When accessing the App, your mobile carrier’s normal rates and fees for data, text and voice usage will still apply. When you share an event or a calendar with another user on the Website or the App by entering this other user’s phone number, you authorize Instructrr to access your contacts on your mobile device, and you authorize Instructrr to send the other user a text message with the information for such calendar or event.
Limitation of Liability and Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ANY AND ALL USE OF THE WEBSITE AND/OR THE APP IS AT YOUR SOLE RISK. When using the Website and/or the App, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website or the App, AND YOU (AND NOT INSTRUCTRR) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. We do not assume any liability related to your use of any third-party MOBILE APPLICATIONS OR websites linked to the Website or the App (INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY MUSIC PLATFORM), or otherwise. ACCESS TO THE WEBSITE AND THE APP, AND THE CONTENT OF THE WEBSITE AND THE APP, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Instructrr, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR INTEREST, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO ANY THIRD-PARTY MUSIC PLATFORM, ANY THIRD-PARTY MUSIC PLATFORM SERVICES, OR ANY DEVELOPER TOOLS THE WEBSITE, THE APP, OR THE SERVICES PROVIDED THEREON, OR WITH RESPECT TO ANY WEBSITE TO WHICH THE WEBSITE OR THE APP IS LINKED.
Instructrr MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (i) ANY THIRD-PARTY MUSIC PLATFORM, ANY THIRD-PARTY MUSIC PLATFORM SERVICES, OR DEVELOPER TOOLS; (ii) THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR THE APP, (iii) THE QUALITY AND SECURITY OF THE WEBSITE OR THE APP, INCLUDING WHETHER THE WEBSITE AND/OR THE APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS; OR (iv) THE ABILITY TO ACCESS THE WEBSITE OR THE APP OR THE CONTENT ON THE WEBSITE OR THE APP AT ANY PARTICULAR TIME. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE OR THE APP. INSTRUCTRR ASSUMES NO LIABILITY IF ANY THIRD-PARTY MUSIC PLATFORM IS UNAVAILABLE OR IF YOU ARE UNABLE TO LOGIN TO YOUR INSTRUCTRR ACCOUNT USING YOUR USERNAME AND PASSWORD FOR ANY THIRD-PARTY ACCOUNT. ADDITIONALLY, INSTRUCTRR ASSUMES NO LIABILITY IF YOU HAVE USED THE WEBSITE OR APP TO PUBLICALLY PERFORM ANY SONG OR ANY OTHER MUSIC WITHOUT THE REQUIRED LICENSE.
Limitation of Damages and Remedies
Instructrr is based in the United States of America and makes no claims that the Website or the App is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. Instructrr makes no representation that the Website and/or the App are appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website and the App is prohibited in jurisdictions where the Website and the App, or their content, are illegal.
Those who choose to access the Website and/or the App do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Website and/or access to the App may not be legal by certain persons in certain countries. If you access the Website or the App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Instructrr, including without limitation any claim involving Instructrr or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of New York, including, without limitation, the United States District Court for the Southern District of New York, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
Severability and Non-Waiver
Survivability and Reservation of Rights
Instructrr’s Contact Information
1 Chatsworth Ave, #966
Larchmont, NY 10538