Terms & Conditions

Terms of Service

Welcome to the Studio Naach Performing Company & training school website

The Studio Naach website, www.naachaerialworld.com, (hereinafter referred to as the “Website”) is designed to provide educational Instructional Videos.

PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

1. Acceptance of The Terms and Conditions of Use

Agreement (hereinafter referred to as the “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is, therefore, important that you review this Agreement regularly.

By purchasing or using our Program, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Program in any manner constitutes use of the Program, and your agreement to be bound by these Terms of Use.

Our Program is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to our program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Program, you represent and warrant that you are at least 18 years old.

2. General Registration Requirements

If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aerial Physique Inc. reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on our Website is void where prohibited. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Studio Naach. Studio Naach reserves all rights not expressly granted in and to the Website and the Content. You may access Website and Content as available: • for your information and personal use; • Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Website Videos for any purpose or in any manner other than Streaming is expressly prohibited.

3. Disclaimer

The use of the online videos therein, is at your own risk.

Videos available on Studio Naach online school are intended for use as a tool of reference for those who are looking to enhance their flexibility & learn the basics of aerial yoga. Studio Naach is not responsible for any negligence on the part of the viewer in case their safety measures are not in place for an aerial practice.

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Program, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Program. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Program or in any way or in any location. In the event that you use our Program or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Program that you are waiving certain legal rights and you are voluntarily agreeing to do so.

In consideration of the Program, I hereby agree to release, indemnify, and discharge Studio Naach, on behalf of myself, my spouse, my children, my parents, me heirs, assigns, personal representative and estate as follows:

I acknowledge that my participation inflexibility training and aerial arts training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Studio Naach from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity.
Should Studio Naach be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

4. Member Account, Password and Security

If you register on one of our Websites, you will be given a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Studio Naach of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use Member’s account without prior authorization from Aerial Physique Inc.

Studio Naach will not be liable for any loss or damage arising from your failure to comply with this Agreement.

5. Prohibited Conduct

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that: • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • exploits people in a sexual or violent manner; • contains nudity, violence, pornography, sexually explicit material or offensive subject matter; • solicits personal information from anyone under the age of eighteen (18); • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities Including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; • Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or • contains a virus or other harmful component.

6. Preservation/Disclosure

You acknowledge, consent and agree that Studio Naach may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Studio Naach, its Members and the public. Under no other circumstances will Studio Naach intentionally disclose your account information to any third party.

7. Security Components

You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Studio Naach and/or content providers who provide content to Studio Naach. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.

8. Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, master recordings, compositions, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Studio Naach. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Studio Naach's prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

9. Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by Studio Naach. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

10. Other Sites

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website.

11. International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

12. Privacy Policy

Studio Naach respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

13. Copyright Policy

The Content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Studio Naach, subject to copyright and other intellectual property rights under the law. Studio Naach has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Studio Naach reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Studio Naach or of a third party, or otherwise violated any intellectual property laws or regulations.

14. Term and Termination

This Agreement shall remain in full force and effect for so long as it is posted on any of our Website.

15. Membership

a. No Sharing

Members of Studio Naach Online School may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Studio Naach as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.

b. Fraudulent Use

Studio Naach reserves the right to cancel any membership it believes has been compromised or is being used fraudulently, at our own discretion.

16. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDIO NAACH , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STUDIO NAACH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AERIAL PHYSIQUE INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AERIAL PHYSIQUE INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. Limitation on Liability

IN NO EVENT SHALL STUDIO NAACH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AERIAL PHYSIQUE INC. SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

18. Exclusions and Limitations

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

20. Indemnity

You agree to defend, indemnify and hold harmless studio Naach, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

20. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

21. Integration Clause

This Agreement together with the Privacy Policy and any other legal notices published by Studio Naach on the Website, shall constitute the entire agreement between you and Studio Naach concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Studio Naach with respect to the Website and Service.

22. Waiver and Severability of Terms

The failure of Studio Naach to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

23. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

24. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

25. General

Studio Naach reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

30. Refunds

Studio Naach has a NO REFUND POLICY for unused or late canceled subscriptions.