T&C.Music & Privacy

TERMS OF SERVICE

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OVERVIEW

This website is operated by KpopXFitness. Throughout the site, the terms “we”, “us” and “our” refer to KpopXFitness. KpopXFitness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KpopXFitness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless KpopXFitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 415 Pandan Gardens #03-120 Singapore SG 600415.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at kpopxfitness@gmail.com.

Privacy Policy

Welcome to kpopxfitness.com! We know that your privacy is important to you, so your privacy as you use our site is very important to us. We have developed and implemented policies and practices to comply with the provisions of the Personal Data Protection Act 2012 (the PDPA) and this Privacy Policy describes such policies and practices and what information we gather from you, how we use and/or disclose that information and what we do to protect it. We hope that this Privacy Policy is straightforward and clear, but if you have any questions about it, please email to kpopxfitness@gmail.com.

Information We Gather

In order to become a member of kpopxfitness.com and have access to our members’ only areas, we ask you to register with our site and provide your e-mail address and name. This registration information is personally identifiable information (Personal Data) because it allows us to contact you and distinguish you from other users.

Though we must store your information on our servers, we will only use that information to provide you with our fitness training materials and provide you with other services through our web site.

Other Information

In order to maintain and improve kpopxfitness.com, we also gather some statistical data when you visit the site. The exact information we collect may vary, but can include the date and time of an access to our site, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your Personal Data.

Cookies

Like many web sites, we may use “cookies,” which are stored on your computer and contain small amounts of information sent by kpopxfitness.com to your computer and read by kpopxfitness.com when you visit the different pages of our website. For example, cookies allow us to remember your username and password as you navigate around our site.

Activity Tags

Like many web sites, we may use “activity tags” (also called “Promotional tags”). These invisible tags provide information to third parties about the flow of users on our site and other web sites. kpopxfitness.com also receives reports generated from that information. Information collected through the use of activity tags on our site is never linked to any Personal Data you provided to kpopxfitness.com.

Children

kpopxfitness.com is not designed for children. We do not knowingly collect any information from children under 18 years.

How We Use That Information

We do not rent, sell, transfer or otherwise disclose your Personal Data to any third party, except as expressly stated below.

As noted, we gather the information discussed above for purposes of providing and improving kpopxfitness.com for you. For example, we use the information to allocate system resources and communicate with you about updates and new features, among other things.

As described above, we also aggregate information supplied by users during registration and information about their use of kpopxfitness.com to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this information, however, we do not reveal any Personal Data, only supply summary data about our community of users.

There are some limited circumstances in which we may need to disclose Personal Data about you, and we want you to know about them.

We may employ other companies to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, hosting message boards or other functions necessary for us to provide services to you. We may need to share your Personal Data with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.

In the interest of enhancing our service, we form partnerships with other web-based services. Some of these partnerships include the sharing of some of your Personal Data with our partners in order to extend these services to you. We require that our partners respect your privacy and not disclose your information to other organizations without your consent, but beyond that, our partners’ use of your information is governed by their privacy policies. You will be given the opportunity to opt out of joining any of our partner services at the time of registration.

We may reveal user information if we believe that user is harming or interfering with other kpopxfitness.com users, anyone else, or violating (either intentionally or unintentionally) our User Agreement , or infringing any of kpopxfitness.com’s rights, or trespassing on, damaging, or abusing any of kpopxfitness.com’s property.

kpopxfitness.com will reveal information, including Personal Data, to the extent it believes it is required to do so by law. If we are asked by subpoena or other legal means to disclose any of your Personal Data we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration at least ten days before we respond to the request.

When you register, you will be given an option to opt-out of subscribing to our regular update service. We will send you e-mail alerts for marketing updates, new promotions and special offers. Such alerts may include marketing information about kpopxfitness.com or selected business partners.

At all times, if you want to unsubscribe any marketing email alerts, you may click the automated unsubscribe link in any of our email of here so that you can opt-out of that subscription.

Data Security

Your kpopxfitness.com account is password protected so that only you may use it. We recommend that you do not divulge your password to anyone and kpopxfitness.com will never ask for your password by phone or e-mail. Also remember to log out from kpopxfitness.com and close your browser window when you have finished your work to ensure that others cannot access your personal information and correspondence.

At kpopxfitness.com, we have put in place a number of industry standard security measures to make sure your data is safe from loss, misuse, or alteration. These include industry standard encryption, firewall and other data security practices. Our team reviews our security system regularly, and upgrades it all the time to keep your data safe.

kpopxfitness.com employees and contractors are only given access to member data on a password-protected basis. It is our employment policy that this information is to be treated with the utmost confidentiality, and any misuse of this information is grounds for disciplinary action, including termination.

Complaints

If you have any complaint(s) arising from the collection, use and/or disclosure of your Personal Data, please be informed that your complaint(s) can be sent to kpopxfitness@gmail.com.

Availability of Information

Upon your request, we will make available to you more information on our policies and practices developed and implemented by us as regards the collection, use and disclosure of Personal Data about you as well as our complaints process developed to receive and respond to your complaint(s).

Withdrawal of Consent

Should you wish to withdraw your consent to the collection use and disclosure of your Personal Data for any of the purposes stated, you may do so by sending us a notice to kpopxfitness@gmail.com, stating the following information:

Your name and identification number; and
The purpose(s) that you had previously consented to for which you wish to now withdraw your consent for.

Please note that we may be unable to continue to provide certain products and/or services to you as a result of your withdrawal of consent and your withdrawal of consent will not affect any legal consequences arising from such withdrawal.

Access to your Personal Data

Upon request by you (the Access Request), we shall provide you with the following information:

personal data about you that is in our possession or under our control; and/or
information about the ways in which your personal data have been or may have been used or disclosed by us within a year before the Access Request.

To make an Access Request, please write to kpopxfitness@gmail.com and kindly include your name and identification particulars and such information that we may require to identify you and the relevant personal data.

Please be informed that we are entitled to charge a fee to recover the costs directly related to the Access Request for the time and effort spent by us in responding to your Access Request, and will let you know the amount accordingly.

Please also note that under the PDPA, we are not required to provide you with certain categories of information listed under the PDPA.

Correction of Personal Data

You may request us to correct an error or omission in relation to personal data about you that is in our possession or under our control by writing to kpopxfitness@gmail.com, including your name and identification particulars and such other information that we require to identify you and the relevant personal data.

Policy Changes

If we change this Privacy Policy in any substantial way, we will notify you at least thirty days in advance by posting a notice of the change prominently on our site. Changes will not be applied retroactively to information obtained under a previous policy without your express consent.

Questions About This Policy

If you have any questions about this Privacy Policy or other privacy questions about us, please email to kpopxfitness@gmail.com.

Music Copyright 

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Singapore Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational and fitness institutions, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

 

KPOPX Fitness uses K-POP Music in their videos and demonstrations. KPOPX Fitness doesn’t create their own music.

Any Fitness Centers, Studio owners that engage our program agree to comply with their local music copyright laws. You agree to indemnify and hold harmless KPOPX Fitness against any copyright violations made by you.

We respect music copyrights by using YouTube to run the videos which prevents further duplication of the work. If our videos are in unlisted mode you agree that you’ll not share, redistribute or duplicate our videos.

We are affiliated with ITunes and we encourage all members, trainers and website users to purchase music from our recommended links (https://kpopxfitness.com/onlinevids/) to support K-Pop Artists.