1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

Uplu, d.o.o.,("Yuvi Story Aerobics," "we," or "us") provides an online video service offering a Yuvi Story Aerobics video, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by Uplu in connection with its business, however accessed, are referred to collectively as the "Uplu Services."

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

- the stream.yuvi-aerobics.com website (the "Stream Site");
- Uplu authorized applications, features or devices.
 

Use of the Uplu Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms").

Certain Uplu Services are provided to you free-of-charge. There are some other Uplu Services that, if you are interested in accessing, will require payment by you. The Uplu Services that may be accessed after payment are referred to currently as "Full access." There is certain information in these Terms that relate only to Full access and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to Full access, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms (please note that references to "Uplu Services" throughout this Terms of Use are intended to include Full access). If you are not a subscriber of Full access, then Section 4 does not apply to you.

It is our pleasure to provide the Uplu Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the Uplu Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the Strean Site or using any of the Uplu Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: info@uplu.si.

2. CHANGES TO THE TERMS OF USE BY Uplu

Uplu may amend these Terms of Use at any time by posting the amended Terms of Use on the Stream Site at stream.yuvi-aerobics.com/terms. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the Stream Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

3. ACCESS AND USE OF THE Uplu Services

Age requirement

The Programme is not intended for use by children under 2 years of age. If your children are using the Licensed Programme (Uplu Services), You as responsible adult hereby represent, warrant and covenant that children between 2 and 18 year old are using this Licensed Programme under the supervision and /or guidance of an responsible adult. Furthermore, if the children intended on using the Licensed Programme are between the ages of 2 and 18, their legal guardian has to review and agree to these Terms and Conditions.

Your License. Uplu is pleased to grant you a non-exclusive limited license to use the Uplu Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.

The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Uplu in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Uplu in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Uplu. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Uplu in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

Embedding a Video Using the Video Player. Where Uplu has incorporated an embed option in connection with Content on the Uplu Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Uplu (in Uplu's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Uplu reserves the right to prevent embedding to any website or other location that Uplu finds inappropriate or objectionable (as determined by Uplu in its sole discretion).

Ownership. You agree that Uplu owns and retains all rights to the Uplu Services. You further agree that the Content you access and view as part of the Uplu Services is owned or controlled by Uplu and Uplu's licensors. The Uplu Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities. In order for us to keep the Uplu Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Uplu Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Uplu Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Uplu Site or use the Uplu Services in a way that:

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access, index, frame or link to the Uplu Services (including the Content) that is not authorized by Uplu (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Uplu Services);
  • involves accessing the Uplu Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Uplu Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Uplu Services, including Uplu's servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Uplu Services (including the Content);
  • uses the Uplu Services to advertise or promote services that are not expressly approved in advance in writing by Uplu;
  • collects personally identifiable information in violation of Uplu's Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms or any guidelines or policies posted by Uplu;
  • interferes with any other party's use and enjoyment of the Uplu Services; or
  • attempts to do any of the foregoing.

If Uplu determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Uplu Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Uplu Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Uplu Services (including the Content and the devices through which the Uplu Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Uplu may do so in Uplu's sole discretion. You also agree that Uplu will not be liable to you for any modification, suspension, or discontinuance of the Uplu Services, although if you are a Full Access subscriber and Uplu suspends or discontinues the Full Access service, Uplu may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Uplu terminates your account or suspends or discontinues your access to Uplu Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Internet Access Charges. You are responsible for any costs you incur to access the internet.

Customer Service. If we can be of help to you, please do not hesitate to contact us at info@uplu.si.

4. Full Access Subscriptions and Billing

While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that Uplu would not otherwise be able to make available without charging a fee. For that reason, we ask you to pay a subscription fee to access the Full Access Content.

You can find the specific details regarding your subscription to Full Access at any time by logging in on the Uplu website and clicking on Settings under your name. You agree that your Full Access Regular account is for individual use only and your Full Access account is limited to only one simultaneous stream at a time.

You agree that your Full Access Business/Institutional account is for institutional use and your Full Access account is limited to only two simultaneous streams at a time.

The subscription (free trial excluded) is set to auto renew after expiration by default. This can be changed by uncheck the auto-renewal option under the User`s Settings.

Subscription may be canceled at any time and will be billed through the last time period the user had selected (monthly or annually).

Billing.

The payment is possible via Paypal or directly to Uplu`s bank account.

Very rarely, if there are special circumstances where Uplu determines it is appropriate (e.g., the Full Access service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Uplu's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Coupons

Coupon (discount code) is only valid for one subscription term. Your next (first recurring) payment will be charged at full price.
 

Ongoing Subscription and Cancellation.

Your Full Access subscription will continue in effect on a month-to-month  or year-to-year (depends on the period You choose) basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly or Yearly Period in order to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current Monthly or Yearly Period -this means that you will have continued access to Full Access for the remainder of that period, but you will not receive a refund. You can cancel your account by logging in on the Uplu website and clicking on Settings, then UNCHECK the auto-renewal option.

5. ACCOUNTS AND REGISTRATION

To access the Uplu`s Content you have to register and create an account.

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms of Use and you agree to be responsible for their activity using the Uplu Services.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Uplu representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us through the e-mail info@uplu.si as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

We reserve the right to immediately terminate or restrict your account or your use of the Uplu Services or access to Content at any time, without notice or liability, if Uplu determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about Uplus policies and practices regarding the collection and use of your personally identifiable information, please read Uplu's Privacy Policy available at stream.yuvi-aerobics.com. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Uplu Site and use of the Uplu Services on any of the Properties are governed by the Uplu Privacy Policy in effect at the time of your use.

7. LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Uplu operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Uplu Services, we will not warn you that you have left the Uplu Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Uplu Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

Uplu is not responsible for the content or practices of any website or destination other than the Uplu Site, even if it links to the Uplu Site and even if the website or destination is operated by a company affiliated or otherwise connected with Uplu. By using the Uplu Services, you acknowledge and agree that Uplu is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Uplu Site.

8. TRADEMARKS

Yuvi Story Aerobics, the Yuvi logo, http://stream.Yuvi-aerobics.com, and other Uplu marks, graphics, logos, scripts, videos and sounds are trademarks of Uplu. None of the Uplu trademarks may be copied, downloaded, or otherwise exploited.

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE UPLU SERVICES, YOU AGREE THAT USE OF THE UPLU SERVICES IS AT YOUR OWN RISK. THE UPLU SERVICES, INCLUDING THE UPLU SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UPLU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE UPLU SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL UPLU OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "UPLU PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE UPLU SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE UPLU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE UPLU SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE UPLU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE UPLU SERVICES (INCLUDING YOUR USE OF THE CONTENT). UPKU RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

NO PERSONAL ADVICE

Any informational materials provided on Stream.yuvi-aerobics.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Yuvi - Story Aerobics makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person who is following the information offered or provided within or through Stream.yuvi-aerobics.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

10. Health and Safety Precautions

Important Safety Information - Before every exercise read the following warnings before using the Uplu content. If this product will be used by young children, this information should be read and explained to them by a responsible adult. Exercising using the Uplu content by children between 2 and 18 year should be supervised and/or guided by and responsible adult. Failing to do so may cause injury or damage to property.

CAUTION - Motion Sickness

Exercising while watching a video can cause motion sickness in some players. If you or your child feel dizzy or nauseous when exercising, stop and rest. Do not drive or engage in other demanding activity until you feel better.

WARNING - Seizures

Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV or playing video games, even if they have never had a seizure before.

Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before exercising.

Exercises by children between 2 and 18 years should be done under the supervision and/or guidance of a responsible adult. Stop exercising and consult a doctor if you or child under your supervision has any of the following symptoms:

  •         Convulsions
  •         Eye or muscle twitching
  •         Loss of awareness
  •         Altered vision
  •         Involuntary movements
  •         Disorientation

To reduce the likelihood of a seizure when exercising:

  •         Sit or stand as far from the screen as possible.
  •         Do not exercise if you are tired or need sleep.
  •         Exercise in a well-lit and aired room.
  •         Take at least 10 to 15 minute break between every Yuvi stage.

WARNING - Repetitive Motion Injuries and Eyestrain

Exercising using Uplu content can make your muscles, joints, skin or eyes hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

  • Avoid excessive exercising. Children ages from 2 to 18 should exercise under the supervision and/or guidance of a responsible adult. Adult should guarantee that the children exercise appropriate to their specific age.
  • Take a 10 to 15 minute break after every Yuvi stage, even if you don't think you need it.
  • If your hands, wrists, arms or eyes become tired or sore while exercising, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before exercising again.
  • If you continue to have any of the above symptoms or other discomfort during or after exercise, stop playing and see a doctor.

Contacts

If you have any questions, please contact us:

Uplu d.o.o.
Povšetova ulica 104C
1000 Ljubljana
Slovenia

info@uplu.si
+38641370354