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Terms and conditions

Date of last revision: October 21, 2022
1. Welcome to inness.ch
1.1 Introduction
inness sàrl, ("inness", "we", "us", "our") provides its services (described below) to you through its website located at www.inness.ch or www.inness.org (the "Site") and its mobile applications, these masterclasses and related services (the "Service(s)"), subject to the following Terms of Service (the "Terms of Service")

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, ESPECIALLY SECTION 10, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.


1.2 Changes to the Terms of Service:
We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time. In such event, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services user interface, by email notification, or by other reasonable means and as required by applicable law. Such changes will be effective no earlier than fourteen (14) days after they are posted, except for changes to new features of the Services or changes made for legal reasons, which will be effective immediately. Your continued use of the Service after the effective date of such changes constitutes your acceptance of the new terms of use. In addition, when you use certain Services, you are subject to any additional terms and conditions applicable to those Services that may be posted on the Service from time to time.


1.3 Privacy:
We respect the privacy of our users. By using the Service, you consent to our collection and use of personal data as permitted by Swiss law.


2. Access and Use of the Service
2.1. Description of Use:
Our Services, and any content viewed through our Services, is intended solely for your personal, non-commercial use. When you purchase a service, we grant you a limited, non-exclusive, non-transferable license to access the content of the service and to view your master class(es) through the site. Except for the limited license set forth above, no right, title or interest will pass to you. You agree not to use the Service for public performances. inness may revoke your license at any time, in its sole discretion. Upon such revocation, you must promptly destroy all Content downloaded or otherwise obtained through the Service, as well as any copies of such material, whether made in accordance with these Terms of Service or otherwise.


2.2 Your Registration Obligations:
You may be required to register with inness.ch in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service registration form. Registration data and certain other information about you is governed by our Privacy Policy. If you are under 13 years of age, you are not permitted to use the Service, with or without registration. In addition, if you are under 18 years of age, you may only use the Service, with or without registration, with the approval of your parent or guardian.


2.3 Member Account, Password and Security:
You must never use another person's account, and you must not provide another person with the username and password to access your account. You must maintain control of all devices used to access the Service. If you do not maintain control of a device, other users may access the Service through your account and may be able to access some of your account information. You are entirely responsible for all activities that occur under your password or account, and it is your responsibility to ensure that your password is kept confidential and secure. You agree to (a) immediately notify inness of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session of access to the Service. inness will not be liable for any loss or damage arising from your failure to comply with this section.

 

2.4 Modifications to the Service:
inness reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that inness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain your account or submitted content for any period of time beyond that which may be required by applicable law.


2.5 General Usage and Storage Practices:
You acknowledge that inness may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allocated on inness' servers on your behalf. You agree that inness has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that inness reserves the right to terminate accounts that are inactive for an extended period of time. You also acknowledge that inness reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


2.6 Mobile Services:
The Service may include certain services available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, "Mobile Services"). To the extent you access the Service through a mobile device, your wireless carrier's standard charges, data rates and other fees may apply. In addition, the download, installation or use of certain mobile services may be prohibited or restricted by your carrier, and not all mobile services work with all carriers or devices. When using the Mobile Services, you may provide your telephone number. By providing your phone number, you agree to receive calls and/or SMS, MMS or text messages to that number. 


2.7 Money Back Guarantee:
Unless otherwise specified when you purchase the Service you choose, if you are not satisfied with the Service within the first 14 days of purchase, inness will refund the full amount of your purchase and then terminate your access. Refunds are not available to customers 14 days after a purchase. Refunds are not available for accounts that have violated the Terms of Service; violations are determined at inness' sole discretion. If inness determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any current or future use of the service without providing a refund. To request a refund or ask a question regarding the 14-day money back guarantee, email the support department at info@inness.ch. Upon acceptance the refund will be issued within 30 days.

3. Conditions of use
3.1 User Conduct:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post or display (hereinafter, "upload") or send via email or otherwise use through the Service. inness reserves the right to investigate and take appropriate legal action against anyone who, in inness' sole discretion, violates this provision, including, without limitation, removing offending content from the Service, suspending or terminating the accounts of such violators, and reporting you to law enforcement authorities. You agree not to use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary right of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) presents or creates a risk to the privacy or safety of any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of inness, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose inness or its users to any harm or liability of any kind;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- Harvest or collect e-mail addresses or other contact information from other users of the Service by electronic or other means in order to send unsolicited e-mail or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any commercial purpose that is not specifically authorized;
- Promote or encourage any criminal activity or enterprise or provide informational information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.


3.2 Fees:
To the extent that the Service or any portion thereof is made available for a fee, you will be required to select a payment plan and provide inness with information regarding your credit card or other payment instrument. You represent and warrant to inness that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay inness the amount specified in the payment plan (and any applicable taxes) in accordance with the terms of the payment plan and these Terms of Service. You hereby authorize inness to charge your Payment Instrument in accordance with the terms of the applicable Payment Plan (together with any applicable taxes) until you terminate your account, and you further agree to pay any fees so incurred. If you dispute any charges, you must notify inness within sixty (60) days of the date inness billed you. We reserve the right to change inness' prices. If you continue to use the Service after the price change is effective, you agree to pay the changed amount.

3.3 Recurring Subscriptions:
If you select a Service with an automatic renewal feature ("Recurring Subscription"), you authorize inness to retain your account information and to automatically debit your account upon renewal of the Service you have selected, without further action by you. If inness is unable to debit your account as you authorized when you signed up for a recurring Subscription, inness may, in its sole discretion: (i) charge you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue to debit your account as you authorized.
inness may change the price of Recurring Subscriptions from time to time and will notify you in advance of any price changes and, if applicable, how to accept such changes. Price changes for Recurring Subscriptions will be effective at the beginning of the next subscription period following the date of the price change. To the extent permitted by law, you agree to the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by cancelling your Recurring Subscription before the price change takes effect. Please be sure to read any price change notices carefully.
Payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees you have already paid to us. However, after any cancellation, you will continue to have access to the Service until the end of your current subscription period. At any time, and for any reason, we may provide refunds, rebates or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to grant them, are at our sole and absolute discretion. The granting of credits in one instance does not entitle you to credits in the future for similar instances, and does not obligate us to provide credits in the future under any circumstances.
If you have subscribed on our website, you may cancel by contacting the support department at info@inness.ch or by going to your account settings, selecting Cancel under the Subscription box, and then following the on-screen instructions to continue and cancel the subscription.

 

3.4 Commercial Use:

Except as expressly authorized herein or by inness in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or download for commercial purposes, any portion of the Service, use of the Service or access to the Service. The Service is intended solely for your non-commercial, personal, entertainment use.

 

4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or functionality ("Service Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. Except as expressly authorized by inness , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you lawfully upload to the Service. As part of your use of the Service, you will not engage in or use data mining, robots, scraping or similar data collection or extraction methods. If inness blocks your access to the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or distributed in connection with the Service is the property of inness, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Software. All rights not expressly granted herein are reserved by inness.
The inness name and logos are trademarks and service marks of inness (collectively, the "inness trademarks"). Other inness names and logos of products and services used and displayed through the Service may be trademarks or service marks of their respective owners who may or may not endorse, be affiliated with or related to inness. Nothing in these Terms of Service or the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the inness trademarks displayed on the Service, without our prior written permission in each case. All goodwill generated from the use of the inness trademarks shall be for our exclusive benefit.


4.2 Third Party Materials:
Under no circumstances will inness be responsible or liable in any way for the content or materials of third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of such content. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

 

4.3 User Content Transmitted Through the Service:

You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and publicity rights therein, and that you have all rights required to post or transmit such content or other materials without violating the rights of third parties. By uploading any User Content, you grant and will grant to inness, its affiliates and partners (including, but not limited to, inness instructors, practitioners and other third parties providing educational information through the Services, collectively, "partners") a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable, to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, forms, media, technologies or methods of distribution now known or later developed and for any purpose (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Service ("Submissions"), which you provide to inness, its affiliates or partners, are not confidential and that inness, its affiliates and partners shall have the right to unrestricted use and dissemination of such Submissions for any purpose whatsoever, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that inness may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable law or governmental request; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of inness, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


4.4 Copyright Complaints:
inness respects the intellectual property of others. If you believe in good faith that material on the Sites infringes your copyright, please send the following information to inness' designated copyright agent at info@inness.ch:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site ;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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 authorized to act on the copyright owner's behalf;
- a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.

 

5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. inness has no control over such sites and resources and inness is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that inness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, event, goods or services available on or through any such site or resource. Any relationship you have with third parties found through the use of the Service is between you and the third party, and you agree that inness shall not be responsible or liable for any loss or claim that you may have against any such third party.

 

6. Indemnification and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold harmless inness and its affiliates and their officers, employees, directors and agents from and against any and all losses, damages, expenses, including reasonable attorneys' fees, any rights, claims, actions of any kind, and damages (including death) arising from your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of the rights of others. If you are a resident of California, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of the execution of the release, and which, if known by him, should have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable law or doctrine.
 

7. 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. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MASTERCLASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MASTERCLASS DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.


8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASTERCLASS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST PROFITS DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MASTERCLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MASTERCLASS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO MASTERCLASS IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.


9. Binding Arbitration; Class Action Waiver
You and inness agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and application of these arbitration provisions. This Section 10 is intended to be construed broadly and governs all disputes between us, including, but not limited to, claims arising out of or relating to any aspect of the relationship between us or to the Terms of Service or the Service, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this general prohibition are disputes over certain intellectual property rights and small claims, as set forth below.
If you have a dispute with us, you agree that before taking any formal action, you will contact us at inness, 40 chemin de la naz, 1052 Mont sur Lausanne and info@inness.ch, and provide a brief written description of the dispute and your contact information (including your username, if your dispute involves an account). With the exception of intellectual property and small claims disputes, the parties agree to use their best efforts to resolve any dispute, claim, issue or disagreement directly through good faith consultation and negotiation, which is a condition to either party entering into litigation or arbitration.


YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE RESOLUTION PROCEDURES ARE YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE BETWEEN YOU AND INNESS REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE REGISTRATION PROCESS) AND THAT YOU WAIVE YOUR RIGHT TO CONDUCT OR PARTICIPATE IN ANY LITIGATION INVOLVING OTHERS, SUCH AS A CLASS ACTION.
 

10. Termination
You agree that inness, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any Content from the Service, for any reason, including, but not limited to, for lack of use or if inness believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may constitute grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. inness may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that inness may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MasterClass shall not be liable to you or any third-party for any termination of your access to the Service.


11. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user of the Service and that inness shall have no liability in connection therewith. inness reserves the right, but has no obligation, to become involved in any way in disputes between you and any other user of the Service.

12. General
These Terms of Service constitute the entire agreement between you and inness and govern your use of the Service, superseding any prior agreements between you and inness with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service are governed by the laws of Switzerland, without regard to its conflict of law provisions. With respect to any dispute or claim not subject to arbitration as set forth in Section 10 above, you and inness agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Switzerland. The failure of inness to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without inness' prior written consent, but inness may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made by e-mail or by mail. In no event shall inness be liable for any delay or failure to perform resulting directly or indirectly from any event beyond its reasonable control. The Service may also notify you of changes to these Terms of Service or other matters by posting notices or links to notices generally on the Service.

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