Terms & Conditions

Terms & Conditions of Use Agreement

Date Last Modified: April 5, 2020

Welcome to Becs McBride Online website!

Becs McBride Online’ website and apps (hereinafter referred to as the “Website“) is an intelligent tool which challenges people to live fulfilling lives by providing members of all skill levels: (1) high quality movement classes, (2) educational materials about health and wellness, and (3) a community of people interested in living their true potential. The Website is owned by Becs McBride Online.

These Terms & Conditions of Use (this “Agreement“) apply to: (1) all of the products, and services offered by Becs McBride Online, including, but not limited to, the Website; (2) mobile, tablet, internet television, or other digital or electronic versions of the Becs McBride Online video streaming platform; (3) any Becs McBride Online software; and (4) any applications created by Becs McBride Online whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service“). Please note that the availability of any Becs McBride Online applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Becs McBride Online and such social networking site, mobile or tablet device, or internet television or other technology platform.

This Service is not directed to persons under eighteen (18) years of age.

PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

 

Acceptance of Terms:

This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor“ (which means that you simply browse the Service) or you are a “Member“ (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.

 

General Registration Requirements:

If you wish to become a Member, communicate with other Members and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Member registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data“) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Becs McBride Online reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Becs McBride Online’s Materials (as defined in Section 14 of this Agreement) and Becs McBride Online’s Content (as defined in Section 8 of this Agreement) on the Service (collectively, “Becs McBride Online Content“) is provided to you “AS IS“ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Becs McBride Online. Other than rights expressly granted to you, Becs McBride Online reserves all rights in and to the Service and the Becs McBride Online Content.

You may access Website and Content as available:

  • for your information and personal use;
  • as intended through the normal functionality of the Becs McBride Online Service; and
  • for Streaming (“Streaming“ or “Stream“ means a contemporaneous digital transmission of an audiovisual work via the Internet from the Becs McBride Online Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream Becs McBride Online Content, the resolution and quality of Becs McBride Online Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Becs McBride Online Content you will receive.

 

In order to be able to Stream or download Becs McBride Online Content from the Service and to view Becs McBride Online Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

 

Health Disclaimer:

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Becs McBride Online instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Becs McBride Online is not a medical organisation and cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Becs McBride Online videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Becs McBride Online, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Becs McBride Online, or any person or entity involved with Becs McBride Online, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

 

Certification and Disclaimer of Affiliation with Accreditation Body:

Becs McBride Online Content offered by Becs McBride Online are for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. Becs McBride Online is not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organisations. You agree not to hold yourself out as a certified yoga instructor based on completing the courses, content or programs available on the Service or use Becs McBride Online’s name as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release Becs McBride Online of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.

 

Minors:

Becs McBride Online’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Becs McBride Online you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Becs McBride.

 

Member Account, Password and Security:

If you register on the Service, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Becs McBride Online of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorisation from Becs McBride Online. Becs McBride Online will not be liable for any loss or damage arising from your failure to comply with this Agreement.

 

Prohibited Conduct:

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content“) that:

  • interferes with or disrupts the Service;
  • is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,“ “chain letters,“ or unsolicited mass mailing, instant messaging, “spimming,“ or “spamming“;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information from other Members;
  • involves commercial activities and/or sales without Becs McBride Online’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
  • denigrates, ridicules, or demeans another person; or
  • contains a virus or other harmful component.

Moreover, you may not (a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorised access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Becs McBride Online server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Becs McBride Online’s systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Becs McBride Online on or through the Service, or (h) use the Service in an unlawful manner

 

Responsibility for Content:

You, and not Becs McBride Online, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. Becs McBride Online does not control the Content posted by third parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Becs McBride Online be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

Rejection/Removal of Content:

You acknowledge that Becs McBride Online may or may not pre-screen Content posted on the Service, that Becs McBride Online is not responsible for behaviour or comments of teachers and/or students and/or music on the Service, but that Becs McBride Online shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Becs McBride Online shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Becs McBride Online.

If you become aware of misuse of the Service by any person, please contact Becs McBride Online.

 

Community Guidelines:

By joining and participating in Becs McBride Online community you are agreeing to the following guidelines in addition to the [Terms of Service] and [Privacy Policy]. It’s vital to the health of our community that you do review them. We’ve kept everything pretty straight forward and free of legalese so it will only take a moment and you’ll know exactly what you’re agreeing to. Thanks so much for joining us.

  1. Privacy:
  • Do not publish your personal information in a public community. Please use direct messaging when personal information must be shared.
  • Do not take screenshots from Becs McBride Online community and post them anywhere without explicit consent from the publisher of the original content.
  • Do not share private conversations between users that were had with the expectation of remaining private.

 

  1. Respect:
  • Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist comments; or hate speech will not be tolerated.
  • Discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristics will not be tolerated.

In short, treat each other respectfully. Becs McBride Online is a welcoming community where diversity is encouraged and allowed to thrive.

 

Termination or Suspension of Account:

If Becs McBride Online determines in its sole discretion that you are violating any of the terms of this Agreement, Becs McBride Online may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If Becs McBride Online terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.

 

Preservation/Disclosure:

You acknowledge, consent and agree that Becs McBride Online may access, preserve and disclose your account information or Content posted by you if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Becs McBride Online, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

 

Security Components:

You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Becs McBride Online and/or content providers who provide content to Becs McBride Online. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.

 

Proprietary Rights:

Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Becs McBride Online or by third parties that have licensed or otherwise provided their material to Becs McBride Online. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Becs McBride Online’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

 

Non-commercial Use:

The Service may not be used in connection with any commercial purposes, except as specifically approved by Becs McBride Online. Unauthorised framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

 

License to Your Content:

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting“) any Content on or through the Service, you hereby grant to Becs McBride Online a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Service, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Becs McBride Online has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Becs McBride Online’s servers after the Content appears to have been removed from the Service, and Becs McBride Online retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

International Use:

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

 

Privacy Policy:

Becs McBride Online respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Becs McBride Online’s Privacy Policy. A complete statement of the current privacy policy can be found in Becs McBride Online’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

 

Member Disputes:

You are solely responsible for your interactions with other Members. Becs McBride Online reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.

 

Modification/Suspension/Discontinuation of Content:

We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. Becs McBride Online reserves the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through with the Service is accessed, with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Becs McBride Online may do so in Becs McBride Online’s sole discretion at any time without notice.

 

Membership Subscription Fees and One-Time Fees for Online Courses:

Becs McBride Online offers membership subscription-based access to its movement classes (“Classes“), as well as courses intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“). Becs McBride Online reserves the right to cancel, interrupt, or reschedule any Becs McBride Online Content, Class, or Online Course.

  1. Membership Subscription to Classes
  • Billing for Membership to Classes. Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Becs McBride Online will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.
  • Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Becs McBride Online later increases the price of the subscription, Becs McBride Online will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
  • No Sharing of Membership Subscriptions. Members of Becs McBride Online may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Becs McBride Online as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Becs McBride Online reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

 

Term and Termination:

This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website under Account Settings or by contacting Becs McBride Online. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.

Becs McBride Online reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if Becs McBride Online believes that you have breached any of the terms of this Agreement, furnished Becs McBride Online with false or misleading information, or interfered with use of the Service by others.

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

 

Disclaimer of Warranties:

You agree that your use of the Service shall be at your sole risk. The Service and the Material are provided “AS IS“ and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Becs McBride Online disclaim all warranties, express or implied, in connection with the Service, and your use thereof. Becs McBride Online makes no warranties or representations about the accuracy or completeness of Becs McBride Online Content or the content of any sites linked to the Service and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorised access to or use of Becs McBride Online secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

Becs McBride Online does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Becs McBride Online will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

Limitation on Liability:

In no event shall Becs McBride Online, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorised access to or use of Becs McBride Online secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Becs McBride Online is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Becs McBride Online shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by Becs McBride Online or any of its employees. Becs McBride Online is not responsible for any third party Content on the Service or third party web page accessed from the Service, nor does Becs McBride Online warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.

No communication of any kind between you and Becs McBride Online or a representative of Becs McBride Online shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

Becs McBride Online reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.

 

Exclusions and Limitations:

Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

 

Indemnity:

You agree to defend, indemnify and hold harmless Becs McBride Online, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service.

 

Additional Terms:

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Service, to obtain certain premium Content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

 

Modification and Discontinuation:

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.

 

Assignment:

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Becs McBride Online without restriction.

 

Integration Clause:

This Agreement together with the Privacy Policy and any other legal notices published by Becs McBride Online on the Service, shall constitute the entire agreement between you and Becs McBride Online concerning the Service and governs your use of the Service, superseding any prior agreements between you and Becs McBride Online with respect to the Service.

 

Waiver and Severability of Terms:

The failure of Becs McBride Online to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

 

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 the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Ability to Accept Terms of Service:

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

General:

Becs McBride Online reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

 

Questions:

If you have any questions or comments regarding this Agreement or the Service, feel free to contact us by e-mail.