Magnetic Studios Ltd
Web App - Terms and Conditions
1.1 These terms and conditions shall govern your use of our web app.
1.2 By using our web app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our web app.
1.3 If you register with our web app, submit any material to our web app or use any of our web app services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our web app without parental consent ; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age or have permission from your parent/ guardian.
3. Copyright notice
3.1 Copyright (c) 1 year of first publication Magnetic Studios Ltd 3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors and team, own and control all the copyright and other intellectual property rights in our web app and the material on our web app; and
(b) all the copyright and other intellectual property rights in our web app and the material on our web app are reserved.
4. Licence to use web app
4.1 You may:
(a) view pages from our web app in a web browser;
(b) stream audio and video files from our web app
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our web app or save any such material to your computer or electrical devices.
4.3 You may only use our web app for your own personal and business purposes, and you must not use our web app for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our web app.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our web app (including republication on another website or web app);
(b) sell, rent or sub-license material from our web app;
(c) show any material from our web app in public;
(d) exploit material from our web app for a commercial purpose; or (e) redistribute material from our web app
4.6 We reserve the right to restrict access to areas of our web app, or indeed our whole web app, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our web app.
4.7 You confirm you are over 18 years old or have parent/guardian consent to join this web app and partake in these classes.
5. Acceptable use
5.1 You must not:
(a) use our web app in any way or take any action that causes, or may cause, damage to the web app or impairment of the performance, availability or accessibility of the web app;
(b) use our web app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our web app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our web app without our express written consent;
(e) access or otherwise interact with our web app using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our web app; or
(g) use data collected from our web app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our web app to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our web app, or in relation to our web app, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 You may register for an account with our web app by clicking on “sign up” this can be done using your email address, Google or Facebook Account.
6.2 You must not allow any other person to use your account to access the web app.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the web app, unless you have that person's express permission to do so.
7. User login details
7.1 If you register for an account with our web app, you will be asked to use a current email address and choose a password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for, or in connection with, the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8.1 When renting any of the tutorials, click the "Rent Now" button 8.2 Log in or sign up to create an account
8.3 Payment can then be made by entering card details or using Paypal
8.4 Click “Buy Now” and you will automatically be sent a confirmation email and the chosen tutorial will appear in your account for the amount of days specified
8.5 The selected class/classes can be streamed as many times as required during those days
9. Cancellation and suspension of account
9.1 The company, in its sole discretion, has the right to suspend or terminate your account and refuse any/all current or future use of the Service for any reason at any time. Such termination of the Service will result in deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
9.2 You may cancel your account on our web app at any time by emailing firstname.lastname@example.org
9.3 All of your content will be inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
10. Your Content: Licence
10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our web app for storage or publication on, processing by, or transmission via, our web app. 10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this web app and any successor web app OR reproduce, store and, with your specific consent, publish your content on and in relation to this web app.
10.3 You grant to us the right to sub-license the rights licensed under Section 10.2
10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
10.6 You may edit your content to the extent permitted using the editing functionality made available on our web app.
10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, retract or edit any or all of your content.
11. Your Content: Rules
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case, in any jurisdiction, and under any applicable law).
11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
12. Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our web app;
(b) that the material on the web app is up to date; or
(c) that the web app or any service on the web app will remain available.
12.2 We reserve the right to discontinue or alter any or all of our web app services, and to stop publishing our web app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any web app services, or if we stop publishing the web app.
12.3 To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these terms and conditions, our web app and the use of our web app.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3 To the extent that our web app and any of the information and services on our web app are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers, tutors or faculty and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers, tutors or faculty in respect of any losses you suffer in connection with the web app or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers, tutors and faculty).
14. Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our web app;
(c) permanently prohibit you from accessing our web app;
(d) block computers using your IP address from accessing our web app;
(e) contact any or all of your internet service providers and request that they block your access to our web app;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our web app.
14.2 Where we suspend or prohibit or block your access to our web app or a part of our web app, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.1 We reserve the right to revise these terms and conditions from time to time.
15.2 The revised terms and conditions shall apply to the use of our web app from the date of publication of the revised terms and conditions on the web app, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our web app from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our web app.
15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the web app, and you must stop using the web app.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/ or obligations under these terms and conditions.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable, if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our web app and shall supersede all previous agreements between you and us in relation to your use of our web app.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with Irish and British law.
20.2 We are currently not VAT registered
21. Our details
21.1 This web app is owned and operated by Magnetic Studios Limited
21.2 We are registered in Ireland as a Limited Company
21.3 You can contact us:
(a) by social media, via the links displayed on the page;
(b) using our web app contact form;
(c) by email, using the email address published on our web app from time to time
22.1 We are not the employers of our faculty and therefore do not take responsibility for any of the views expressed by
the independent tutors,
instructors and creatives on our platform
22.2 Our faculty is covered by Public Liability Insurance and any claim made is made directly with the tutor and not through Magnetic Studios Limited
23.1 By signing up to our web app you confirm that you are in good health with no previous or underlining health conditions.
23.2 You confirm you are fit and well enough to take part in any or all of the classes on this web app
23.3 Before committing to intense exercise you should have consulted with a doctor or GP to ensure you are in good enough health to undertake the
classes provided on our web app
23.4 The area employed for participation in these classes should at all times be sufficient to ensure unrestricted movement
23.5 We do not take any responsibility for personal injury sustained or any possessions broken or damaged in the undertaking of any of the classes on our web app.
24. Music Copyright
24.1 All classes and use of music on this platform are for educational purposes