Sadie Nardini LLC henceforth named as Sadie Nardini
1.1 SADIE NARDINI operates an online platform and mobile apps aiming to connect, and create new opportunities for, people who are, or want to become, yoga, sports and health conscious.
1.2 In order to be able to use the complete spectrum of SADIE NARDINI’s products and services, a one-time registration is required (see Section 4, below). However, certain content (e.g., information regarding yoga, sports, health or nutrition), including general descriptions of SADIE NARDINI can be viewed without registration.
1.3 SADIE NARDINI’s goal is to make sports lifestyles enjoyable and to make a positive contribution to people’s health.
1.4 Your health is very important to us. ALWAYS consult your doctor about your athletic behaviour. SADIE NARDINI neither substitutes your doctor, nor is SADIE NARDINI responsible for your behaviour. The contents of the Sadienardini.com platform or Apps from SADIE NARDINI, regardless whether they are provided by SADIE NARDINI, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these TERMS, you confirm that you are solely responsible for your health.
2. VALIDITY OF THE TERMS
2.1 SADIE NARDINI offers the Sadienardini.com platform and SADIE NARDINI mobile apps on the basis of these TERMS. By registering, the user consents to the validity of these TERMS and any agreements incorporated therein by reference.
2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these TERMS.
2.3 These TERMS shall apply to all points of access, including (sub-) domains and mobile applications, for SADIE NARDINI’s products and services. In particular, the SADIE NARDINI online offering will be accessible via the following domain: sadienardini.com.
2.4 These TERMS shall be valid until cancelled in the currently valid version as of 1st October 2015
3. SUBJECT OF THE AGREEMENT
Currently, SADIE NARDINI essentially offers its users the following applications and information:
3.1 sadienardini.com platform:
3.1.1 Sadie Nardini’s Ultimate Yoga App in the Apple AppStore
3.1.2 Sadie Nardini’s Ultimate Yoga App in the Google Play Store
3.1.3 Sadie Nardini’s Ultimate Yoga App in the Amazon Store
3.1.4 Mobile Fitness & Health Apps
3.1.5 Shop: In this category SADIE NARDINI displays and links to some external shops, which provide sports and fitness products. SADIE NARDINI acts as agent and not as vendor. Therefore special shop terms and conditions are defined, and are not part of these TERMS.
3.1.6 Content, e.g. texts, pictures and videos, regarding sports, health and nutrition will be presented by SADIE NARDINI and professional third parties (sports coaches, trainers, …)
3.1.7 Blog: Presentation of company information, products and news in long form
3.1.8 Other Content:
• About us: Short description of SADIE NARDINI
• Company offerings: Offers of SADIE NARDINI addressed to companies
• Partners: Presentation of partners and supporters of SADIE NARDINI
• Advertising by SADIE NARDINI and/or third parties
• Support for users
3.2 Mobile applications; SADIE NARDINI Mobile
3.2.1 SADIE NARDINI offers applications for Apple iPhones, Android phones and other smartphones on a global scale.
3.2.2 These applications can be used both isolated on the smartphone as well as in connection with the Sadienardini.com platform.
3.2.3 Subject to the user’s consent, relevant data is transmitted from the smartphone to the Sadienardini.com platform and shared with other social networks (e.g., Facebook), respectively.
3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Sadienardini.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.5 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.
3.3 Other Services of SADIE NARDINI
3.3.1 SADIE NARDINI will send newsletters to registered users. By accepting these TERMS, the user allows SADIE NARDINI to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from SADIE NARDINI.
4. REGISTRATION AND SUBSCRIPTIONS
4.1 In order to be able to use the sadienardini.com platform, a one-time, free registration is required. SADIE NARDINI offers users two options of registering on the Sadienardini.com platform:
4.1.1 a “FREE Membership” (basic version), where only a selection of classes and features are made available to users;
4.1.2 a “PREMIUM Membership”, with all classes and features made available to users. YogaAcademy is free to download and use.
Sadie Nardini’s Ultimate Yoga App is free to download and use.
Upgrading to Sadie Nardini Premium will give you full access to all features
You can choose from the following membership subscription plans:
1 Month subscription: $9.99
3 Months subscription: $24.99
12 Months subscription: $59.99
Payment will be charged to your iTunes account at confirmation of purchase. Monthly, Quarterly and Yearly subscriptions will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period. Your account will be charged for the renewal within 24-hours prior to the end of your current subscription period at the identified renewal cost.
You can manage your subscription by going into your Account Settings after purchasing a subscription.
You cannot cancel the current subscription during the active subscription period.
Sadie Nardini Forever
You can now enjoy the Sadie Nardini Forever membership, giving you full access forever for a one-off upfront payment of $299.99
Need help? Email email@example.com
4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with SADIE NARDINI. Minors may only register with SADIE NARDINI subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to firstname.lastname@example.org
4.3 By registering, the user confirms their knowledge and the unlimited recognition of the content of these TERMS.
4.4 Each user shall register with SADIE NARDINI once only, and confirms with its registration that it has not registered an account with SADIE NARDINI before and has not deleted a previously activated user account.
4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:
4.5.1 Registration by use of the registration form provided on the sadienardini.com platform:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary
4.5.2 Adoption by SADIE NARDINI of registration details provided by the user in the social network Facebook or Google G+:
Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+, shall be adopted by the SADIE NARDINI network. The user can subsequently add to or reduce such details in such user’s profile on the Sadienardini.com platform.
4.6 Following successful registration, the user can log on to the sadienardini.com platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook connect or Google G+.
4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these TERMS, SADIE NARDINI will delete the corresponding account within a period of seven days.
4.8 SADIE NARDINI reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.9 SADIE NARDINI is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1 Fraud protection.
5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at email@example.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2 SADIE NARDINI will not refund any amounts paid by you to sadienardini.com before you report an unauthorized or fraudulent use of your account.
5.1.3 Sadienardini.com has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2 Promotions and Free Offers. Sadienardini.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
6.1 Subscription Requirement. In order to use the SADIE NARDINI Premium Service for Premium Members, you must (i) be a registered user of the Sadienardini.com platform, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by SADIE NARDINI (the “Subscription”). If you are not a registered user of the Sadienardini.com platform, you must register before you can execute the Subscription.
7.1 Each user shall have the right to terminate the use of SADIE NARDINI’s online platform at any time via its account settings („My Profile“). SADIE NARDINI shall confirm such termination vis-a-vis the user.
7.2 Additionally, SADIE NARDINI reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
7.3 As a result of any termination pursuant to this Section 7,
7.3.1 all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users’ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
7.3.2 upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to delete.account@Sadienardini.com, which shall include the email address provided to SADIE NARDINI upon registration.
8. USER OBLIGATIONS AND CONDUCT
8.1 Each user of the Sadienardini.com platform must
8.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
8.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to SADIE NARDINI that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
8.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
8.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
8.1.5 not carry out any disrupting interferences in the SADIE NARDINI network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding SADIE NARDINI’s software or hardware;
8.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
8.1.7 provide prompt notice via email to abuse@Sadienardini.com of any detected breaches of the aforementioned obligations;
8.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
8.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. SADIE NARDINI shall not be responsible for any lost or impaired details.
9. BREACH OF USER OBLIGATIONS
9.1 In order to ensure the proper and reliable provision of services, SADIE NARDINI imposes the following sanctions upon breach obligations by a user:
• deletion of content;
• temporary deactivation of user account; and
• cancellation (irrevocable deactivation).
9.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of SADIE NARDINI’s and the user’s interests.
9.3 In the event a user account shall be cancelled in accordance with this Section 11, the respective user shall not be permitted to register again.
10.1 SADIE NARDINI permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these TERMS, in order to upload, save, publish, distribute, transmit and share content with other users.
10.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
10.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.
10.4 SADIE NARDINI shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
10.4.1 comply with statutory law, or court or administrative orders
10.4.2 ensure compliance with these TERMS;
10.4.3 react to claims of breaches of law raised by third parties; or
10.4.4 safeguard the rights, property or personal safety of SADIE NARDINI, its users and the general public.
10.5 The user grants SADIE NARDINI the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, SADIE NARDINI shall have the right to use, irrespective of the type of usage, all content both as part of the SADIE NARDINI platform and any other activity of SADIE NARDINI or any company affiliated with SADIE NARDINI. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that SADIE NARDINI uses content created by a user outside the SADIE NARDINI platform, SADIE NARDINI shall note that such content was created by the user.
10.6 SADIE NARDINI does not claim ownership of any content created by users and will not supervise such content.
10.7 SADIE NARDINI reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these TERMS, may be sanctioned in accordance with Section 11.
10.8 SADIE NARDINI shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc..
12. REPRESENTATIONS AND WARRANTIES
12.1 SADIE NARDINI does not represent or warrant that the Sadienardini.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
12.2 SADIE NARDINI does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
12.3 The user uses the SADIE NARDINI offering exclusively at their own risk. This applies, without limitation.
12.3.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;
12.3.2 downloading of the user’s own and third party content; and
12.3.3 any use by the user of data created or provided by SADIE NARDINI, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and SADIE NARDINI does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
12.4 The use of any software or hardware offered by SADIE NARDINI is no substitute for the consultation by the user of a specialized doctor.
12.5 Additionally, SADIE NARDINI does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. SADIE NARDINI does not make any representations or warranties with respect to products or services of third party providers.
13. LIMITATION OF LIABILITY
13.1 SADIE NARDINI shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if SADIE NARDINI has caused a certain damage willfully or with gross negligence. In the event of slight negligence, SADIE NARDINI shall not be liable to other businesses and shall be liable to consumers only for personal damages. SADIE NARDINI shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
13.2 Unless required by statutory law, neither SADIE NARDINI nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
13.3 Sadienardini.com assumes no liability for downloaded material or material obtained as a consequence of using the Sadienardini.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Sadienardini.com platform.
13.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Sadienardini.com will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
14. INDEMNIFICATION BY USERS
14.1 The user shall indemnify SADIE NARDINI for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Sadienardini.com platform by such user or as a result of any other usage by such user of applications available from SADIE NARDINI. The user shall bear the costs of any legal proceedings, in which SADIE NARDINI may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
14.2 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to SADIE NARDINI all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that SADIE NARDINI may be entitled to bring against the user shall not be affected.
15. CHANGES TO THE TERMS
15.1 SADIE NARDINI reserves the right to amend these TERMS from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these TERMS is available for viewing on the Sadienardini.com platform.
15.2 Changes to these TERMS, other than changes to Section 3 require the consent of the respective user, to whom the changed TERMS shall apply. If SADIE NARDINI intends to implement such changes to these TERMS, SADIE NARDINI will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Sadienardini.com platform, or (iii) on any other device through which the user accesses the SADIE NARDINI services. We may invite the user to accept the new TERMS by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
15.3 In the event that the user does not consent to the changed TERMS, it shall not be permitted to any further use of the Sadienardini.com platform.
15.4 Following amendment of the TERMS, the continued use of SADIE NARDINI’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended TERMS.
15.5 Subject to Sections 17.1 to 17.4, any changes to these TERMS must be made in writing. No ancillary oral arrangements exist.