Terms of Service

Agreement

These Terms of Use (this “Agreement”) explains the terms by which paying subscribers (“Users”) may use the Site and other online or mobile services we may provide (collectively, the “Service”).

By using the Service, you agree that you have read, understood, and agree to be bound by this Agreement, the Liability Release and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service.

1. HOW WE UPDATE THESE

This Agreement is maintained on our website. We reserve the right, in our sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

2. USE OF OUR SERVICE

a. Eligibility. Because we respect the rights of children and parents, you may use the Service only if you can form a binding contract, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Because we respect the User community, the Service is not available to any Users previously removed from the Service.

b. Payment. Users will pay the recurring subscription fees and other fees set forth in this proposal or in the online fee schedule provided at the time of sign-up (“Fees”). All Fees are due when the order is placed.

c. Refunds & Cancellations. User acknowledges that any payments made for the Programmes are earned when received and are non-refundable unless otherwise promoted. Fees may be paid via Credit or Debit Card and User authorises us to set up an automated recurring billing process. If User desires to terminate the service, such notice must be delivered to us in writing via email at sj@trainfreediving.com before the next recurring billing is processed.

d. Term and Termination. Billing will be collected according to the payment and subscription plans you signed up for the Services (collectively referred to as “Term” or “Terms”). The obligation to pay the Fees shall apply irrespective of whether you use the Services or not. All amounts are earned when received and are non-refundable. The Agreement will continue for the entirety of the Term and automatically renew for the monthly subscription plan available at the time the Term ends. Either party may terminate this Agreement at any time and for any reason without notice to the other party. If an Author terminates this agreement before the end of the current Term, the Author will be required to pay the remaining amounts due through the end of the Term and are not be entitled to a refund of any amount. Termination or expiration of this Agreement shall not affect any rights or obligations of the parties, including the payment obligations due through the end of the Term or which have accrued up to the date of such termination or expiration.

e. Changes to the Service. We’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; change the pricing of the service; add or delete features of the Service, to you or to Users generally; or create usage limits for the Service.

3. ACCEPTABLE USE OF OUR SERVICE

We provide Users with an amazing app to discover content, and discuss and share that content with others. To keep the Service running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the Acceptable Use Policy below.

3. SHARING YOUR CONTENT

a. Your content. We may allow you to post content on the Service, including, videos, comments, photos, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.

b. How we can use your content. You own all of the User Content that you post or publish (“post”) on the Service. You permit us to use your name, photo, and any associated User Content on our website and other promotional materials.

4. OUR CONTENT

Content. Except for User Content, the Service, and all Intellectual Property Rights including therein and related thereto, are our exclusive property (“Exclusive Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Exclusive Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Exclusive Content, including without limitation any materials or content accessible on the Service. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Exclusive Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Our name and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress protected by the laws of the United Kingdom and/or other countries or jurisdictions.

4. MESSAGING

We may allow you to send messages through our Service to other Users or to third parties (“Messages”). We may send administrative messages to you and other Users.

5. PRIVACY

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

6. INDEMNITY

You agree to defend, indemnify and hold us harmless, along with our parents, subsidiaries, agents, affiliates, Authors, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) 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 right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.

7. TERMINATION OF YOUR ACCOUNT AND THE SERVICE

We may terminate or suspend the Service in whole or in part immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.

All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to these Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.