Introduction
These Terms of Service are an agreement between Breathe and Flow LLC (the “Company”, “BNF”, “us”, “our” or “we”) and you, a user of our services. By using our products and services, you agree to be legally bound by these Terms of Service (“terms”) as well as our Privacy Policy. When using our services, you are accepting these terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. If you do not agree with all of the provisions of this agreement, you are not authorized to utilize our services.
Description of Service
These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services through its website video streaming Services located under https://www.breatheandflow.org and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Breathe and Flow LLC Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, website links, user interfaces, and all content and software associated with the Services as provided by BNF.
Acceptance and Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree that by using the Services of BNF, it would constitute your acceptance of these terms outlined below.
Access and Use of Service
Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction. Our Services are not intended for individuals under the age of 18. We do not knowingly collect personally identifiable information from minors. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at support@breatheandflow.org to request deletion.
License and Use Conditions
All content and every service we provide are subject to copyright or other intellectual property ownership by Breathe and Flow LLC. The ideas, classes, tutorials, exercises, workouts and other opinions expressed here reflect our experiences and opinions and are not intended to be, or to replace, medical advice. We do not hold ourselves out to be dietitians, nutritionists, nor medical professionals. Please consult your doctor before starting any diet or exercise program. By using our site, and by watching our content, you understand and agree that neither BNF nor any persons associated with it have any liability to you for any injury or loss you may suffer in connection with any content we may post. Some of the links mentioned within our content may be affiliate links through which we earn a commission when products are bought using these links.
Under no circumstances shall BNF be liable to you or any other person for any direct, indirect, special, incidental, damages for lost profits, work stoppage, accuracy of services, content or results, hardware/software malfunction, or damages resulting from the services. You agree to indemnify and hold harmless BNF and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses made or entered into against us that arise out of our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release BNF from all claims, demands, and damages of every kind in any way connected with such disputes.
Your Conduct
You agree that you are responsible for your own conduct and any consequences while using our Services. You are prohibited from violating or attempting to violate the Services in the following ways:
accessing data not intended for you and/or logging into an account which you’re not authorized to
editing, re-producing, exporting, distributing, scraping, harvesting, leasing, licensing, renting, selling, nor displaying without prior written approval
promoting or endorsing any third party causes, ideas, websites, or products
attempting to probe, scan or test the vulnerability of a system or network or to breach security
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing",
using any BNF content promotionally and/or commercially
discrimination of any form or manner, including but not limited to: race, gender, religion, sex, age, disability, ethnic origin, or sexual orientation
bully, name-call, or engage in any form of intimidation against another user
harassing, stalking, spamming, or doing other inappropriate things towards other users
we reserve the right to discontinue providing our Services to you for any reason without explanation
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
promotions of your own business and brands such as promotions, self-promotion, spam, and irrelevant links to third party sites.
You are solely responsible for your conduct in the community forum. We ask that all parties create a welcoming environment. Treat everyone with respect. Healthy debates are natural, but kindness is required. Make sure everyone feels safe. If you or you see anyone on the community forum experiencing harassment or inappropriate behavior, please contact our community admins immediately. We have zero patience for internet trolls, discriminatory acts, and negative unconstructive comments. Users that leave such comments will be blocked from utilizing our services forever.
All contributions you make to this site will be accessible to the public. As a registered member, you have agreed to follow our community guidelines and acknowledge that by not abiding by these rules your account will be suspended or removed.
User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations. If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date. Your privacy rights are set forth in our Privacy Policy. Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
Username/Password/Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify the Company of any unauthorized use of your username and password.
Use of Services
The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials. Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs. The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on our website and applications. If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.
Access to Services – Subscriptions & Purchases
The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan. By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update this information at any time by logging into your video library, and clicking the settings tab under the username. Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
We may change the price of a subscription service, introduce new subscription plans, or remove plans from time to time. By continuing to use the Subscription Service, you indicate your acceptance of such subscription price or plan change. If you do not agree with a subscription price or plan change, do not continue to use the Subscription Service. Subscription Services may not be redeemed for cash, sold or transferred to another user.
User Input
If you provide us with any input, you hereby grant us a non-exclusive, fully paid, royalty-free , assignable license to use, reproduce, distribute, and otherwise exploit any and all input for any purposes. “Input” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us that relates to our Services.
Intellectual Property
Breathe and Flow LLC and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited. The Services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
You agree that BNF owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through https://www.breatheandflow.org. Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license. This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require the Company to acquire the user's mobile phone number and perhaps additional such information in order to obtain access to Software.
Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user. The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes. This License is effective until terminated by the user or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, the user shall cease all use of the Software and delete all versions of the Software possessed by the user. The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify us at support@breatheandflow.org
Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT. THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
Limitation of Liability
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
Indemnification
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
Communications
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and the Company.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Nevada in connection with any action arising out of or related to these Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum any inconvenience in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative. You may not assign these Terms of Service or any of your rights or obligations hereunder. This Agreement creates rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.
Contact
If you have questions, please contact us at support@breatheandflow.org.
Last updated: July 29, 2023