PAUZE LTD Terms of Service Agreement updated: 12th August 2024
PAUZE LTD. Terms of Service Agreement (“Agreement”) is between you and Form For You, Inc. (for the purposes hereof, “PAUZE,” “we” or “us”). The Agreement governs your use of the website (www.pauze.uk (“Site”), an online platform that allows consumers like you to purchase and view video programs and purchase products or services from PAUZE websites and applications (collectively, the “Services”).
Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Services on the Site, you agree that any claims you may have against PAUZE relating to the Site and/or Services must be ARBITRATED, and you waive the right to (1) assert claims against PAUZE in court; (2) participate in a class action; and (3) have a jury hear your case.
1. ACCEPTANCE
By creating an account, viewing videos, making a purchase, downloading PAUZE-branded applications that we power, or otherwise visiting or using the Site, 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 Site 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 Site. By continuing to use the Site, 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 PAUZE 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), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).
2.ACCOUNTS
Registration: You must create an account to use the Site and Services. To do so, you must provide an email address. By creating an account, you agree to receive notices from us and our third-party affiliates (i.e., Vimeo, DACAST & Stripe) 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 Site.
Parents and Guardians: By granting your child permission to use the Site 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 unauthorized access to your account, you must change your password and notify us immediately.
3. PRIVACY POLICY
Your right to privacy is important to us. You can see our Privacy Policy … to determine how we collect and use your personal information.
Please review our Privacy Policy on the Site to learn about the information we collect from you when you use of the Site, how we use it, and with whom we share it.
By creating an account, you agree that PAUZE will have access to your account information and account activities, such as the viewing and purchase of the Services, and your contact information. PAUZE is not responsible for any third-party use or disclosure of your data (including that of Vimeo, Dacast or Stripe).
4. PROGRAM VIEWING AND SUBSCRIPTION INFORMATION
PAUZE may offer the following purchase options through PAUZE’s websites and applications:
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Purchase: After paying the stated fee, you may view the videos and content for an unlimited number of times
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Subscription: For a recurring fee, you may use the Services within PAUZE’s subscription channel an unlimited number of times during your subscription period. PAUZE may add or remove programs from the channel 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 PAUZE 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: PAUZE 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 PAUZE 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 PAUZE 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. Monthly subscriptions are valid for a minimum of 3 months.
How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
In-App Purchase:
PAUZE may allow you to purchase products within the apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access PAUZE’s account settings. Any billing inquiries should be directed to the app platform. Please see 11.1 for further information relating to purchasing Products.
Subscription Cancellation: PAUZE does NOT offer any refunds for any of online subscriptions once purchased.
Monthly Subscription:
You do have the right to cancel your online subscription however, monthly subscriptions are valid for 3 months once purchased. If you wish to cancel your monthly subscription, you can at any time following your third payment.
Yearly Subscriptions:
Yearly subscriptions once purchased are non refundable and are charged via a one-off payment. You may cancel this subscription at any time.
Subscription Bundle: TBC
Subscription and Billing: Please ensure you account and billing information is up to date. Payment remains your responsibility at all times and where possible you will receive an invoice reminder in the event of non-payment during the session.
Failure of payment:
Should your payment fail to go through on the initial charge, Stripe will automatically re-try the payment on x2 other occasions. If the payment is failed to be paid your account will be blocked and you will not be able to access the site content.
5.LICENSES AND INTELLECTUAL PROPERTY
License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Services that you have purchased; and (ii) Services made available within a channel that you have subscribed to during your subscription period.
Restrictions: You may not resell streams or downloads, use any of the Services for any commercial purpose, redistribute or retransmit any Services, publicly perform or display any Services, or make derivative works from any Services. All rights not expressly granted herein are reserved by PAUZE.
Third Party Services: Subject to the terms hereof, Vimeo and Dacast grants you permission to use the Vimeo OTT Service and Dacast service for the sole purpose of viewing the Services for your personal entertainment. All rights not expressly granted by Vimeo or Dacast are reserved. Subject to the terms hereof, Shopify grants you permission to use the Shopify services for the sole purpose of buying Services for your personal use. All rights not expressly granted by Shopify are reserved.
PAUZE Apps: If you download PAUZE’s application (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between PAUZE and the platform operator, PAUZE shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Content; Feedback: To the extent that you submit any content to PAUZE (i.e. in your profile, a comment, or forum), you grant PAUZE an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to PAUZE on improving our products or services, PAUZE may use your suggestions without any compensation to you.
6. ACCEPTABLE USE OF POLICY
6.1 Copyright Policy and Intellectual Property
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We are the owner or the licensee of all intellectual property rights in this website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
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The trade marks, logos and trade names displayed on the website (“Marks”) are the property of PAUZE Ltd and other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks.
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We and our suppliers own the intellectual property rights in the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
6.2 Code of Conduct
In using the Site, you may not:
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Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
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Act in a deceptive manner or impersonate any person or organisation;
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Harass or stalk any person;
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Harm or exploit minors;
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Distribute “spam” in any form or use misleading metadata;
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Collect personal information about others;
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Access another’s account without permission;
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Use or export any of our services in violation of any UK export control laws;
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Engage in any unlawful activity; or
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Cause or encourage others to do any of the above.
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part of the Site; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
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Submit any malicious program, script, or code;
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Submit an unreasonable number of requests to PAUZE and/or Vimeo and/or Dacast servers;
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Take any other actions to manipulate, interfere with, or damage the Site.
6.3 Use of PAUZE site
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You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website. You must not misuse our website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorised access to our website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.
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We do not monitor information posted or provided to us by other persons and accordingly we do not accept any responsibility for the information posted or provided or for any damage or loss you may suffer. The views expressed by other users on our website do not represent our views or values.
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If you decide to access any third party websites linked to this website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links merely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such websites. You may be subject to the terms of use applicable to such third party sites.
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When you register an account and purchase a subscription with the site you are granted access to the current library of classes available. The classes available may change at any time. Use of the site requires an internet connection and a compatible device.
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Your account is for use by you only. Sharing of login details is not permitted. Any account suspected of being used by multiple people may be removed from the service.
7. DISCLAIMERS
YOUR USE OF THE SITE AND ANY PROGRAM IS AT YOUR OWN RISK. PAUZE PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAUZE DISCLAIMS 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, PAUZE LTD makes no representations or warranties concerning:
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The availability of the Site in a particular jurisdiction.
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The availability of the Site for any particular device, operating system, or browser.
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The continued support for a particular feature of the Site.
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The viewing quality of any Services. PAUZE does not guarantee that you will be able to use the Site at all times, or view any Services 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.
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The content of any Services or the suitability of any Services for any audience. All opinions and statements expressed by or in the Services (or related materials) are those of the PAUZE.
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The continued availability of any Services or the availability of particular Services within a subscription channel. Services may be withdrawn at any time without notice.
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Any of PAUZE’S actions or omissions with respect to your personal information.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORM, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING VIMEO, DACAST AND SHOPIFY) 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 FORM; OR (III) DAMAGES EXCEEDING THE GREATER OF GBP £100 OR THE AMOUNTS PAID BY YOU TO PAUZE 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 PAUZE 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.MEDICAL DISCLAIMER
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No information on this website is intended to be used as medical advice. You should consult your doctor before starting any exercises or programs obtained from this website or any other exercise program, particularly if you suspect or are aware you have a coronary condition, a pre existing injury or pain or any other physical deficiency. Do not over exert yourself and work at your own pace. Stop immediately if you feel pain or discomfort and consult your doctor. By undertaking any exercise program, you acknowledge that you do so at your own risk and that the creators, producers, instructors and distributors of PAUZE programs will not be liable for any personal injury, loss or liability of whatsoever nature (whether for breach of duty or contract) arising because of, or in connection with, your undertaking any exercise program and advice contained on this website.
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Pre- and post-pregnancy: You should consult your doctor or a qualified medical professional before commencing this program. As a guide and in addition to, but not to contradict, any medical advice received from your doctor or a qualified medical professional:
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Avoid exercise in warm/humid environments, especially during the 1st trimester
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Avoid isometric exercise or straining while holding your breath
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Maintain adequate nutrition and hydration – drink liquids before and after exercise
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Know your limits – pregnancy is not a good time to train for athletic competition
Consult your doctor or a qualified medical professional immediately if you experience any of the following:
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Excessive shortness of breath
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Chest pain
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Painful uterine contractions (more than 6-8 per hour)
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Vaginal bleeding
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Any “gush” of fluid from vagina (suggesting premature rupture of the membranes)
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Dizziness or faintness
10.MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
11. PRODUCTS & SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit …
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11.2 PRODUCT ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
12.INDEMNIFICATION
You agree to indemnify, defend and hold harmless PAUZE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
17. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
18. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@pauze.uk
Our contact information is posted below:
Company Name: Pauze Ltd
Contact Email Address: info@pauze.uk
Organisation Number: 15429179
Registered Company Address: 54-56 Ormskirk Road, St Helens, W10 2TF