TERMS & CONDITIONS
Effective as of April 26, 2021
These Terms and Conditions govern your use of the JABS by Gina LLC (“JABS”) on-demand platform through Vimeo (the "Platform”) as well as all classes, events, activities, and other programs of JABS or its affiliates (each, a “Class” and, collectively the “Classes”).
RESERVATIONS/CHARGES/CLASSES
In order to make a reservation, you must create an account and purchase a subscription. Once you have purchased a subscription through your account, you may not create a new account. Subscriptions may not be shared and are non-transferable. Subscriptions may only be used on one device at a time.
Future prices are subject to change. Your credit/debit card will be charged upon your initial purchase and monthly thereafter unless you cancel your subscription. JABS will not process charges that use an incorrect, expired, or over-the-limit credit or debit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You are responsible and liable for any fees, including attorneys' fees and collection costs, that JABS may incur in its efforts to collect any unpaid balances from you.
If you cancel your subscription, you will have access to the Platform through the end of the pay period in which you cancelled your subscription. If you wish to pause your subscription, you may do so for a period of one, two or three months at a time. During such period, you will not be charged or have access to the Platform.
Any introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. JABS reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a subscription
Purchases of subscriptions are non-refundable and no exceptions to this policy will be made. You must agree to these Terms and Conditions prior to purchasing a subscription.
Violations of these Terms and Conditions will result in your account being suspended and/or terminated.
PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
You are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device in connection with your use of the Platform. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Platform or communicate with JABS via email, you are communicating electronically and you consent to receive communications electronically. You understand and agree that all agreements, notices, disclosures, and other communications that JABS provides electronically satisfy any legal requirement that such communications be in writing.
JABS collects personal identifying information about individuals when such information is knowingly provided to JABS, including through online transactions. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Platform. JABS may use the information provided to contact you with important information, required notices, and marketing promotions.
The Platform may collect certain information about users automatically. The Platform may use cookies to obtain certain types of information and JABS reserves the right to use cookies in the future in conjunction with new content or expanded functionality. Prohibiting the use of cookies may significantly restrict access to certain types of content or features on the Platform.
WAIVER AND RELEASE; DISCLAIMER AND LIMITATION OF LIABILITY
By signing up for a subscription and/or attending Classes, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes and that you are knowingly and voluntarily assuming the risk that participation in the Classes may create or otherwise enhance. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but may include, without limitation, (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, rules, and verbal instructions given to you by staff. If the JABS staff determines in their sole discretion, you would be at physical risk participating in the Classes, you understand and agree that you may be denied access to the Classes until you furnish JABS with a written opinion from your medical doctor, at your sole cost and expense, specifically addressing such concerns, such opinion to be acceptable to JABS in its sole discretion. In consideration of being allowed to participate in and access the Classes, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes, (2) release, indemnify, and hold harmless JABS, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others (the “Releasees”), from any and all responsibility, claims, demands, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly engaging in any of the Classes (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Classes, and should not be participating in any Classes. You further acknowledge and represent that you know of no medical reason why you should not participate in the Classes. You understand and expressly acknowledge that your participation in the Classes is strictly voluntary. You assume full responsibility for any risks of loss, property damage, or personal injury, including death, that you or your property may sustain as a result of being engaged in the Classes, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations. In no event will JABS be liable for any direct, indirect, special, consequential, exemplary, punitive, speculative or similar damages resulting from your use of the Platform or on any other linked/third-party website and/or app, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if JABS expressly advised of the possibility of such damage.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of JABS are proprietary to JABS and may not be used by you for any reasons other than as expressly permitted by these Terms and Conditions. All Platform content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or licensed to, JABS. You have the right to view, electronically copy, and print in hard copy portions of the Platform for the sole purpose of making Class reservations and purchases. Any other use of materials on the Platform, including modification, distribution, or reproduction for purposes, without the prior written permission of JABS, is strictly prohibited.
You acknowledge that JABS and/or third-party content providers remain the owners of all Platform materials, and that you do not acquire any of right of ownership to any of the Platform materials by downloading, copying, or using any such material in accordance with these Terms and Conditions. JABS may discontinue or remove the Platform, or any portion thereof, or discontinue your right to use the Platform, or any portion thereof, at any time.
You grant JABS and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of JABS services permission to view your content for their personal, non-commercial purposes.
In participating in Classes, you may be photographed, videoed or otherwise recorded by JABS or third parties authorized by JABS in its or such third parties producing of content which among other things JABS or such third parties may use to advertise, report upon, market and/or promote JABS and its services. You hereby consent to such usage of your imagery for all and any such purpose by JABS and such third parties and hereby agree that JABS and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Platform or accessed through the Platform. You also may not engage in the mass downloading of files from the Platform, use the computer processing power of the Platform for purposes other than those permitted by these Terms and Conditions, flood this site with electronic traffic designed to slow or stop its operation, or establish links to or from other websites or apps to the Platform.
NO AUTHORIZATION TO USE THE PLATFORM FOR COMMERCIAL PURPOSES
You are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of JABS material in any way for any public or commercial purpose. Furthermore, JABS material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms and Conditions, your permission to use JABS material will automatically terminate and any copies made of JABS material must be destroyed.
You are hereby notified that any unauthorized use of JABS material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
CHOICE OF LAW
The Platform, and your use hereof, is governed by the laws of the State of New York, without regard to New York's choice of law provisions. Any claim arising out of your use of the Platform must be brought in the state or federal courts in New York, New York. If any portion of these Terms and Conditions are determined to be unenforceable, the remainder of these Terms and Conditions will be given full force and effect.
POLICY CHANGES
Occasional changes may be made to these Terms and Conditions as new services and content are added to the Platform to reflect changes in JABS policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Platform, you agree to be bound by any such revisions. Users of the Platform are encouraged to check this document periodically. JABS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
ACCEPTANCE OF TERMS
By using the Platform, or purchasing a subscription, or attending any Classes, you agree to the Terms and Conditions. If you do not agree to the Terms and Conditions, please refrain from using the Platform, purchasing a subscription or taking any Classes. Your continued use of the Platform or taking any Classes following the posting of changes to these Terms and Conditions will indicate your acceptance of those changes.