Rhythm of Breath Facilitator Training Program
TERMS & CONDITIONS
Effective date: October 16, 2023
Terms of Service for Rhythm Of Breath
Welcome to Rhythm Of Breath! These Terms of Service ("Terms") constitute a legal agreement between you and Rhythm Of Breath ("Rhythm Of Breath," "we," or "us") regarding your use of our services available at www.rhythmofbreath.com (the "Website") and any downloadable software program provided by Rhythm Of Breath (collectively, the "Service").
By using any portion of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to accept these Terms on their behalf.
Service Description
The Service provided by Rhythm Of Breath is a wellness social network that includes a members area for commenting and interaction.
Eligibility
You must be 18 years of age or older to use the Service, or you must have the consent of a parent or guardian if you are younger than 18 years. By using the Service, you represent and warrant that any profile information you provide is true, accurate, and that you are at least 18 years of age or older. The Service is not intended for use by individuals under the age of 18, and its use is void where prohibited.
Account
To use the Service, you must create an account. During the registration process, you must provide accurate and complete information, and you agree to promptly update this information to keep it current. If you provide inaccurate or incomplete information, or if we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your access to the Service. You are solely responsible for all activities that occur through your account. To protect the security of your account, do not share your username or password with anyone else. If you suspect any unauthorized use of your account or any security breach, please notify us immediately by emailing us at [email protected].
License
Subject to the terms and conditions of these Terms, Rhythm Of Breath grants you a personal, non-exclusive, non-assignable, non-transferable, and revocable license to access and use the Service, including any content, materials, or software made available by Rhythm Of Breath, for personal and noncommercial use only.
When using the Service, you must comply with all applicable laws. Except as expressly permitted by applicable law or by a feature of the Service, you agree not to: (a) store, copy, modify, or distribute any content available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool or manual process to monitor, copy, modify, distribute, or resell any content from the Service; (d) frame or incorporate the Service or any portion of it into another website or service; (e) reproduce, duplicate, sell, resell, or exploit any portion of the Service for commercial purposes, including displaying third-party advertising; (f) circumvent or disable any digital rights management, usage rules, or security features of the Service or its content; (g) use the Service in a manner that threatens its integrity, performance, or availability; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on the Service or its content; or (i) include personal or identifying information about another person in your User Content (as defined below) without that person's explicit consent.
User Content
In connection with registration for a Rhythm Of Breath account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so. Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Rhythm Of Breath or its partners’ products and services, as determined by Rhythm Of Breath in its sole discretion; or (vi) in Rhythm Of Breath’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Rhythm Of Breath, its affiliates, or users to harm or liability of any nature.
Although Rhythm Of Breath has no obligation to screen, edit, or monitor any User Content, Rhythm Of Breath reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
Licensed Content
Content on the Service, including User Content and Paid Content provided by other users, has been licensed to Rhythm Of Breath in accordance with various licensing agreements between Rhythm Of Breath and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.
The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.
Copyright Infringement
Rhythm Of Breath respects the intellectual property rights of others, and asks you to do the same. It is Rhythm Of Breath’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Rhythm Of Breath and provide the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Rhythm Of Breath or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
Ownership; Trademarks
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Fees
The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Rhythm Of Breath is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Rhythm Of Breath will obtain certain transaction details, which Rhythm Of Breath will use solely in accordance with its Privacy Policy.
Access; Modifications to the service
Rhythm Of Breath does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).
Rhythm Of Breath reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Rhythm Of Breath will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
No Support
Unless otherwise agreed by Rhythm Of Breath in writing, Rhythm Of Breath is not obligated to provide any support for the Service.
Privacy
Rhythm Of Breath collects registration and other information about you through the Service. Our collection and use of this information is described in the Rhythm Of BreathPrivacy Policy, which is incorporated into these Terms and available at.
Changes to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Rhythm Of Breath website or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
Termination
You may terminate your use of the Service at any time by terminating your account and deleting any Rhythm Of Breath software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with Rhythm Of Breath regarding the Service or these Terms. Rhythm Of Breath may suspend or terminate your access to the Service at any time, for any reason. If Rhythm Of Breath suspects that you have violated any provision of these Terms, Rhythm Of Breath may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of Rhythm Of Breath software in your possession.
You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Rhythm Of Breath nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.
No Refunds
Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your Rhythm Of Breath program through the end of your current billing period.
Third-Party Content
We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Rhythm Of Breath is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).
The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Disclaimer of Warranties
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Rhythm Of Breath, its affiliates, licensors, suppliers, and distributors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Rhythm Of Breath does not warrant uninterrupted use or operation of the service or that any data sent by or to you will be accurate, complete, transmitted in uncorrupted form, or transmitted within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access or use of the service, including loss of any loss or harm to your mobile device. No advice or information, whether oral or written, obtained by you from Rhythm Of Breath, through or from the service, will create any warranty not expressly stated in these terms. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.
Limitation of Liability
Neither Rhythm Of Breath nor its affiliates, licensors, suppliers, or distributors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if advised of the possibility of these damages, resulting from your access or use of the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnity
You will defend, indemnify and hold Rhythm Of Breath its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
Claims
You agree that any cause of action arising out of or related to the service must commence without one year after the cause of action accrues. Otherwise, that cause of action is permanently barred.
Waiver and Severability of Terms
The failure of Rhythm Of Breath to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Rhythm Of Breath. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Use Of The Rhythm of Breath Brand
As a certified Rhythm of Breath Breathwork Facilitator, you are welcome to use the Rhythm of Breath brand in your advertising, marketing and delivery of sessions and your business, providing the following:
- If additional modalities are included, there must be a brand separation with Rhythm of Breath brand (ie. You may say it is a Rhythm of Breath session combined with "XXX Ecstatic Dance")
- A key value of our brand is respect and collaboration. We ask that all our facilitators honor the time, experience and our approach to our work and training.
- You correctly and succinctly share an explanation of the Rhythm of Breath brand and training.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS /text messaging fees, data charges, and other fees.
Entire Agreement
These Terms are the entire agreement between you and Rhythm Of Breath regarding your use of the Service.
Contacting Rhythm Of Breath
For questions, comments, complaints, or claims related to the Service, please contact us at www.rhythmofbreath.com.au
