Terms & Conditions
Last Updated: May 24, 2024
Please read these Terms & Conditions ("Terms") carefully before using the GentleMovement website operated by GentleMovement Ltd.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
1. Use of the Website
1.1 Eligibility
To access or use our website, you must be at least 16 years of age or older. By using our website, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.
1.2 Account Registration
Some features of our website may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
1.3 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the website for any illegal purpose or in violation of any local, state, national, or international law
- Copying, distributing, or disclosing any part of the website in any medium, including without limitation by any automated or non-automated "scraping"
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the website
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure
- Uploading invalid data, viruses, worms, or other software agents through the website
- Collecting or harvesting any personally identifiable information from the website
- Using the website for any commercial solicitation purposes without our express consent
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
- Interfering with the proper working of the website
- Circumventing, disabling, or otherwise interfering with security-related features of the website
2. User-Generated Content
2.1 Content Submission
Our website may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the website, including its legality, reliability, and appropriateness.
2.2 Content Standards
You agree that Content you submit will not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
- Be likely to deceive any person
- Promote any illegal activity, or advocate, promote, or assist any unlawful act
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising
- Give the impression that they emanate from or are endorsed by us or any other person or entity
2.3 Content License
By posting Content on or through the website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to these Terms.
2.4 Content Removal
We reserve the right, at our sole discretion, to remove any Content that violates these Terms or that we find objectionable for any reason, without prior notice. We also reserve the right to terminate a user's access to all or part of the website for violation of these Terms.
3. Intellectual Property
3.1 Website Content
The website and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of GentleMovement and its licensors. The website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GentleMovement.
3.2 Third-Party Content
The website may contain links to third-party websites, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Content accessed through our website.
3.3 Copyright Complaints
If you believe that any Content on our website infringes upon your copyright, please contact us with a detailed description of the alleged infringement at:
Email: [email protected]
4. Limitation of Liability
4.1 Disclaimer of Warranties
Your use of the website is at your sole risk. The website is provided on an "AS IS" and "AS AVAILABLE" basis. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
GentleMovement, its subsidiaries, affiliates, and its licensors do not warrant that:
- The website will function uninterrupted, secure, or available at any particular time or location
- Any errors or defects will be corrected
- The website is free of viruses or other harmful components
- The results of using the website will meet your requirements
4.2 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall GentleMovement, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the website
- Any conduct or content of any third party on the website
- Any content obtained from the website
- Unauthorized access, use, or alteration of your transmissions or content
Whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
4.3 Indemnification
You agree to defend, indemnify, and hold harmless GentleMovement and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
- Your use and access of the website
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your Content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the website.
5. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
6. Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall be conducted in English and the seat of arbitration shall be London, United Kingdom.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.
7. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try 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 website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website.
8. Termination
We may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the website will immediately cease.
9. Contact Information
If you have any questions about these Terms, please contact us at:
GentleMovement
5 Ross Gardens
New Ruthstad, BS6 9HE
United Kingdom
Email: [email protected]
Phone: +44 3439 483344