Terms & Conditions

1. Description of Service

These Terms of Services are applicable to all users of an online media services and

content distribution Services and community providing Services through its website

video streaming Services located under www.ondemandaquaworkouts.uscre... and

related domains, sub domains, and mobile and desktop applications & TV (individually

and collectively the “Services”). These Terms govern your use of the COMPANY

NAME Services, including all functionalities, features, Streaming Services, audio,

visual, written media, PDF, Website links and user interfaces, and all content and

software associated with the Services as provided by Fitness Anytime and Anywhere

by Marzena (the “Company”).

2. Acceptance of Terms

The Company shall have the right, at its sole discretion, to modify, add, or remove any

terms or conditions of these Terms of Service without notice or liability to you. Any

changes to these Terms of Service shall be effective immediately following the posting

of such changes. You agree to review these Terms of Service from time to time and

agree that any subsequent use by you of the Services following changes to these Terms

of Service shall constitute your acceptance of all such changes.

3. Changes to Terms

The Company shall have the right, at its sole discretion, to modify, add, or remove any

terms or conditions of these Terms of Service without notice or liability to you. Any

changes to these Terms of Service shall be effective immediately following the posting

of such changes. You agree to review these Terms of Service from time to time and

agree that any subsequent use by you of the Services following changes to these Terms

of Service shall constitute your acceptance of all such changes.

4. Access and Use of Service

Users accessing the Services must be at least thirteen (13) years of age. Users

registering for the Services and uploading User Generated Content must be at least

eighteen (18) years of age. The Company makes no claims that the Services may be

lawfully accessed in any specific location. Access to the Services may not be legal by

certain persons or in certain states or certain countries, or may require government

authorization or registration. When you access the Services you are solely responsible

for compliance with the laws and regulations of your jurisdiction.

5. Your Conduct

The Services may be used only for lawful purposes relating to streaming and related

materials. The Company specifically prohibits any use of the Services, and all users

agree not to use the Services, for any purposes other than designated by the Company.

You are prohibited from violating or attempting to violate the security of the Services,

including, without limitation, (a) accessing data not intended for such user or logging

into a server or account which the user is not authorized to access, (b) attempting to

probe, scan or test the vulnerability of a system or network or to breach security or

authentication measures without proper authorization, (c) attempting to interfere with

service to any user, host or network, including, without limitation, via means of

submitting a virus to this Services, overloading, "flooding", "spamming",

"mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the

header information in any e-mail or newsgroup posting, (e) scraping or harvesting data

or (f) the use of robots to skew payouts..

Violations of system or network security or inappropriate conduct may result in civil or

criminal liability. The Company will investigate occurrences that may involve such

violations and may involve, and cooperate with law enforcement entities in prosecuting

users who are involved in such violations.

6. User Information

You are solely responsible for the information you input or upload to the Services, and

warrant and represent you have the right and authorization to register for the Services

and post User Generated Content. The Company reserves the right in its sole discretion

to decide whether the information you input or upload is appropriate and complies with

the Terms of Service, other Company policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information

including a valid email address. You warrant and represent that all such information is

current and accurate, and will be kept up-to-date.

Your privacy rights are set forth in our Privacy Policy located at .

Company reserves the right to offer Company or third party services and products to

you based on the preferences that you identify in your registration and at any time

thereafter, unless you opt-out of receiving third party services and products.

7. Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates

to the Services, including your username and password, and are responsible for all uses

of your username and password whether or not authorized by you. If you wish to have

someone else use your device, it is important you always log out so no other individual

will have access to your content.

You agree to immediately notify the Company of any unauthorized use of your

username and password.

8. Use of Services

The Services are offered only for video streaming and related materials and is only a

conduit for video streaming and related materials.

Each user is solely responsible for deciding whether the Services offered are suitable

for your own purposes and whether the Services match your needs.

The Company grants you a limited, non-exclusive license to access and use the

Services for your own personal and non-commercial purposes. This includes rights to

view content on Company’s website and applications.

If you elect to access any component of the Services for which there is a fee, you agree

to pay all fees and charges associated with your account on a timely basis. All such fees

and charges (including any taxes and late fees, as applicable) will be charged on your

credit card. Each user agrees to maintain valid credit card information as part of your

account information when applicable.

9. Access to Services – Subscriptions & Purchases

The Services may allow you to access digital content on a pay per view basis,

subscription basis, rent, or purchases. The basis on which digital content is available on

the Services will be indicated on the product detail page for which you may purchase

the digital content. Subject to your payment of any applicable fees, purchases,

subscriptions, rent or pay per view, the Company grants you a non-exclusive, nontransferrable, personal, non-sub licensable, limited right and license to view the video

stream based upon the applicable fees, purchases, subscriptions, rent or pay per view

selected by you.

The Company makes no guarantees as to the resolution and quality of your digital

content when streaming. The quality and speed of your stream of digital content has

many different variables, including your connection speed, location, download speeds,

devices, player and bandwidth.

10. Payments & Billing

The digital content available under specific payment plans, including pay per view,

subscription, membership, or rent will change from time to time at the sole discretion

of the Company. The Company makes no guarantee as to the availability of a specific

payment plan.

By purchasing a payment plan, you expressly agree that we are authorized to charge

your selected payment plan on the Payment Method you designate. You can update

change this information at anytime by logging into your video library, and clicking the

settings tab under the username.

Receipts are sent once the charge is successful to the registered email account. Your

subscription will continue in effect unless and until you cancel your subscription or we

terminate it. You must cancel your payment plan according to the terms of that specific

plan prior to the next charge in order to avoid billing.

11. User Comments and Suggestions

While the Company values user feedback, please be specific in your comments and do

not submit creative ideas, inventions, or suggestions.

If, despite our request, users send creative ideas, inventions, or suggestions, all such

submission shall be the property of the Company in whole or in part. The Company

shall own exclusively all now known or later discovered rights to the submissions and

shall be entitled to unrestricted use of the submissions for any purpose whatsoever,

commercial or otherwise, without compensation to users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and the

Company shall not be liable for any use or disclosure.

12. Intellectual Property

Fitness Anytime and Anywhere by Marzena and any other Company trademarks and trade

names, and any variations thereof, are and shall remain the trademarks and trade names

and exclusive property of the Company, and any unauthorized use of such trademarks

and trade names is prohibited.

The Services (including without limitation all programs, complied binaries, interface

layout, interface text, documentation, resources and graphics) is the sole and exclusive

property of the Company and is protected by copyright, trademark, and other

intellectual property common and statutory laws of the United States and other

countries.

You agree that Fitness Anytime and Anywhere by Marzena owns and retains all rights

to the Services and that is content is solely owned and controlled by the content

provider and all such material are protected and copyrighted, trademarked and

protected by copyright, trademark, and other intellectual property common and

statutory laws of the United States and other countries.

You may not sell or modify the Services content or the Services, or reproduce, display,

publicly perform, distribute, or otherwise use the Services in any way for any purpose.

13. Social Networking

Users may have the option to Twitter, Facebook or other social networking Services

through the Services to share links and content. Users undertake this option as their

sole responsibility, including but not limited to complying with all of the terms and

conditions of the social networking Services.

14. Use of Software

If the Services require or include downloadable software such as an app, or use of

software provided by the Company for Publishers, the Company grants a personal,

limited, non-exclusive and nontransferable license to use the Software, all portions

thereof, all documentation, and all updates (individually and collectively the

“Software”) only for the purposes relating to video streaming and related activities

through www.ondemandaquaworkouts.uscre...

Users shall not modify, alter, create derivative works, decompile, reverse engineer,

disassemble, include in other software, translate the Software, or use the Software for

any other purpose.

Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign,

distribute or otherwise transfer the Software or this license.

This License does not allow users to use the Software on any device that the user does

not own or control, and user may not distribute or make the Software available over a

network where the Software could be used by multiple devices at the same time.

Users agree that the Software, including the specific design and structure, constitute

proprietary and confidential information, trade secrets and/or intellectual property of

the Company. You agree not to disclose, provide, or otherwise make available such

proprietary and confidential information, trade secrets or copyrighted material in any

form to any third party, or use the proprietary and confidential information, trade

secrets or copyrighted material for your own benefit or for the benefit of any third

party.

Users acknowledge and agree that use of the Software may require the Company to

acquire user’s mobile phone number and perhaps additional such information in order

to obtain access Software.

Users agree that the Company may collect and use technical data and related

information that is gathered periodically to facilitate the provision of updates, product

support and other services. The Company may use this information, as long as it is in a

form that does not personally identify a user.

The Company shall have the right, and you agree, that in its sole discretion and with

reasonable posted notice and/or sent to your email address, to revise, automatically

update, or otherwise modify the Software, at any time. Users continued use of the

Software constitutes acceptance of and agreement to such changes.

This License is effective until terminated the user or the Company at its sole discretion.

User’s rights under this license will terminate automatically without notice if user fails

to comply with any terms of this License. Upon termination, user shall cease all use of

the Software and delete all versions of the Software possessed by the user.

The warranty and limitation of liability provisions set forth below apply also to the use

of the Software.

15. Copyright Infringement Notification

If you believe that any copyrighted work is accessible through the Services in a way

that constitutes copyright infringement, please notify the Company by providing our

designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person

authorized to act on the owner's behalf;

A description of the copyrighted work you claim has been infringed, and a description

of the activity that you claim to be infringing;

Identification of the URL or other specific location on the Services where the material

or activity you claim to be infringing is located or is occurring; You must include

enough information to allow us to locate the material or the activity;

Your name, address, telephone number, and e-mail address;

A statement by you, made under penalty of perjury, that (i) the information you have

provided is accurate and that you are the copyright owner or are authorized to act on

behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a

good faith belief that use of the copyrighted materials is not authorized by the

If you believe in good faith that a notice of copyright infringement has been wrongly

filed against, you can send the Company a counter-notice that includes the following:

Your name and address, and telephone number;

The source address of the removed content;

A statement under penalty of perjury that you have a good faith belief that the content

was removed in error; and

A statement that you consent to the jurisdiction of Federal District Court for the

judicial district in which your address is located, or if your address is outside of the

United States, for any judicial district in which the Website may be found, and that you

will accept service of process from the person who provided the original complaint.

Please note that the United States Copyright Act prohibits the submission of a false or

materially misleading Notice or Counter-Notice, and any such submission may result in

liabilities, including perjury.

The Company has designated the owner: Marzena Pisarczyk to receive notices of

claims of copyright infringement. You can contact: brodka21@gmail.com

16. Warranty Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL

FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY

HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT

TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR

CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF

FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET

ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET

USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF

SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE

SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL

MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES

PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE

COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING

EQUIPMENT OR DATA.

THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,

RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER

GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED

THROUGH THE SERVICES.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING

COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY

ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE

LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY,

THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE

USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF

ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY

ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE

EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION

BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY

OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY

TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY

RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE

INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT

BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION,

DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE

TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY

RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF

ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE

COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN

BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER

UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF

ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE

DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES,

CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,

EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING

FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY

TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO

DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS,

COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS

INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF

TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND

OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES

REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE

TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE,

AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION

WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE

CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF

WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY,

PAID FOR THE SERVICES.

THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES

OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE

EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND

INFORMATION UPLOADED TO THE SERVICES.

17. Limitation of Libraries

IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO

THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER

UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF

ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE

DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES,

CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,

EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING

FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY

ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE

DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS,

COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED

ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA,

EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES

ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR

ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS

REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN

CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE

CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR

THE SERVICES.

18. Indemnification

USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE

COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS

FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND,

INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND

ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF

THE SERVICES; (II) ANY USER GENERATED CONTENT OR

COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS

AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY

OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT

YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE

DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE

INDEMNIFICATION.

19. Communications

By using the Services you consent to receive electronic communications from the

Company. These communications will include, emails about account, password, access,

marketing, transactional and other information related to the Services and to your

account.

20. Additional Terms and Conditions

Nothing in this Agreement is intended to create or will be construed as creating a joint

ventures, partnership, employer/employee or principal and agent relationship between

users and the Company.

These Terms of Service shall be governed by and construed in accordance with the

laws of the State of Illinois applicable therein, without regard to conflict of laws and

excluding the United Nations Convention on Contracts for the International Sale of

Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts

located in the in the State of in connection with any

action arising out of or related to these Term of Service and waive any objection based

on lack of personal jurisdiction, place of residence, improper venue forum nonconvenience in any such action.

If any court having competent jurisdiction holds any provision of this Terms of Service

invalid or unenforceable in any respect, such provision shall be enforced to the

maximum extent permitted by law, and the remaining provisions of this Terms of

Service shall continue in full force and effect.

The failure or delay of either party to exercise or enforce any right or claim does not

constitute a waiver of such right or claim and shall in no way affect that party’s right to

later enforce or exercise it, unless such party issues an express written waiver, signed

by a duly authorized representative.

You may not assign these Terms of Service or any of your rights or obligations

hereunder.

Except as expressly specified herein, this Agreement shall create rights and obligations

only between the Company and each individual user and it does not create any rights

for any other parties