Claire Missingham Online Studio provides this web site to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which explains how we collect and use information from visitors to our web site (“Visitors”), is incorporated by reference in these Terms of Use.  By using our web site (“Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy.  

Our web site can be accessed from the domain name: https://clairemissingham.tv

In order to access certain features of Claire Missingham Digital Studio you must register to create an account ("Account").  You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.  You agree to notify us immediately of any unauthorised use of your account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardise the security of your Account.  You will not transfer your Account to anyone without first getting our written permission.

By subscribing to a Subscription Service or purchasing any Content, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorised holder of the credit card.  If you choose to cancel a Subscription Service, you can continue to use the features of your Subscription Service following cancellation until the end of your Subscription Period. You will not be charged for the Subscription Service again unless you reactivate. Payments for Subscription Services are non-refundable and there are no refunds for partial Subscription Periods.  

We may change the price of a Subscription Service, introduce new subscription plans, or remove plans from time to time. By continuing to use the Subscription Service, you indicate your acceptance of such subscription price or plan change. If you do not agree with a subscription price or plan change, do not continue to use the Subscription Service. Subscription Services may not be redeemed for cash, sold or transferred to another user.

Once you enter and submit your payment information, you expressly agree and authorise us and/or our third party payment processor to immediately charge your credit card or debit card (or other approved facility) in an amount equal to the total purchase price. You also expressly authorise and agree that we and/or our third party payment processor is authorised to automatically charge your payment method for any one-time fees and/or Subscription Services. You acknowledge and agree that we do not need to obtain any additional authorisation from you for any automatic and/or recurring payments.

Some Subscription Services may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.

You are not authorised to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee.  You may not assist anyone else in accessing Subscription Services on an unauthorised basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties.  You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorised by you to use your access credentials.  Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorised third party’s use) of the Subscription Services.  In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate UK Law enforcement agencies.  You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.

We reserve the right to terminate or limit your access to Claire Missingham Digital Studio and/or the licenses granted herein for any reason and in our sole discretion.  You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of Claire Missingham Digital Studio or the rights or use and enjoyment of Claire Missingham Digital Studio by any other person or entity in any manner. 

You are prohibited from transmitting any material on or through Claire Missingham Digital Studio that, in our sole opinion, is or could be offensive, fraudulent, unUK Lawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any UK Law.  We will fully cooperate with any UK Law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on Claire Missingham Digital Studio. 

Claire Missingham Online Studio may offer the following purchase options through Digital Studio websites and applications:

Rental

After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period. Classes are not available as downloads locally, streaming only.

Purchase

After paying the stated subscription fee, you may stream the Program an unlimited number of times.

Subscription

For a recurring fee, you may stream the content of the studio offered within the subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time.

You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download classes via Producer websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

Payments

To make a purchase, you must provide a valid payment method. Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period. Please note there are no pro-rata refunds for subscriptions cancelled mid-cycle.

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change.

Acceptable Use Policy

In using the Claire Missingham Online Studio , you will not:

• Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Claire Missingham Online Studio or any source code therein;
• Attempt to circumvent any technical measures (including digital rights management) that we may employ;
• Take any measures to interfere with or damage the Claire Missingham Online Studio;
• Use the Claire Missingham Online Studio to transmit tortious, unUK Lawful, infringing, and otherwise objectionable content;
• Spam or harass Claire Missingham Online Studio or any other user; personally or professionally, such activities will be subject to the highest legal prosecution;
• Use any fraudulent, deceptive, or misleading practices;
• Collect personal information about Producers or other Claire Missingham Online Studio users;
• Engage in any commercial activities except as permitted by us; or
• Engage in any illegal activities.

Information provided on Claire Missingham Digital Studio may not be complete or accurate unintentionally.  We do not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from Claire Missingham Digital Studio, and shall not be liable for any decisions Visitors make based upon such information.  You agree that any reliance upon any content or information distributed through or accessed from Claire Missingham Digital Studio is at your sole risk.  We assume no liability or responsibility for any errors or omissions in the content of Claire Missingham Digital Studio.

We have not fully reviewed all of the links provided on Claire Missingham Digital Studio and are not responsible for the content of any off-Site pages.  Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.

Claire Missingham Online Studio makes no representations or warranties concerning:

• The availability of the Claire Missingham Online Studio in a particular jurisdiction.
• The availability of the Claire Missingham Online Studio for any particular device, operating system, or browser.
• The continued support for a particular feature of the Claire Missingham Online Studio.
• The viewing quality of any Program. Claire Missingham Online Studio does not guarantee that you will be able to use the Claire Missingham Online Studio or view any Program uninterrupted or error-free.
• The continued availability of any Program or the availability of particular Program within a subscription channel.

You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the UK Law.

All content and images on Claire Missingham Digital Studio are either the property of, or used with permission by Claire Missingham exclusively.  All content and images on Claire Missingham Digital Studio are copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on Claire Missingham Digital Studio without our written permission.  We neither warrant nor represent that your use of materials displayed on Claire Missingham Digital Studio will not infringe rights of third parties not owned or affiliated with us. All classes, sequences, class names, and content is owned by Claire Missingham and may not be copied in any way.

Subject to the terms hereof, Claire Missingham Online Studio grants you permission to use the Claire Missingham Online Studio Service, for the purpose of purchasing and viewing Programs for your personal entertainment. All rights not expressly granted by Claire Missingham Online Studio are reserved.

If you download an application that we power (an “app”) that operates on a third party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Claire Missingham Online Studio and the platform operator (but without creating any obligation by Claire Missingham Online Studio ), Claire Missingham Online Studio shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by UK Law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

We may, without prior notice, change Claire Missingham Digital Studio, stop providing Claire Missingham Digital Studio, applications or services, or create usage limits for Claire Missingham Digital Studio. We may permanently or temporarily terminate or suspend your access to Claire Missingham Digital Studio without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to Claire Missingham Digital Studio for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You agree that any information that you transmit to Claire Missingham Digital Studio or us in any manner, is non-confidential and non-proprietary and can be used by us for any purpose.  We are free to use any idea, concepts, know-how, techniques, etc. contained in any communication to Claire Missingham Digital Studio for any purpose.

Disclaimers and Limitation of Liability

DISCLAIMER: ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY UK UK Law, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO ITS VIDEOS OR ANY OTHER Claire Missingham Digital Studio MATERIALS. FURTHER, Claire Missingham Digital Studio DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE VIDEOS OR ANY OF THE OTHER MATERIALS ON OR AVAILABLE THROUGH, ITS SITE OR OTHERWISE RELATING TO SUCH VIDEOS OR MATERIALS OR ON ANY SITES LINKED TO THIS SITE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL OPERATE PROPERLY, (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR (4) THAT ANY DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UK Law.

NO WARRANTIES: Claire Missingham Digital Studio SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, PayPal payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.

LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE CONTENT OR SERVICES. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE CONTENT OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UK Law, Claire Missingham Digital Studio AND ITS AFFILIATES LICENSORS AND DISTRIBUTORS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE CONTENT OR SERVICES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UK Law, THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

Indemnity

This section only applies to the extent permitted by applicable UK Law. If you are prohibited by UK Law from entering into the indemnification obligation below, then you assume, to the extent permitted by UK Law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.

You agree to indemnify, pay the defence costs of, and hold Claire Missingham Digital Studio , its licensors and distributors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Services. You agree to reimburse Claire Missingham Digital Studio on demand for any defence costs incurred by Claire Missingham Digital Studio and any payments made or loss suffered by Claire Missingham Digital Studio , whether in a court judgment or settlement.

Termination

We reserve the right to terminate your right to access and use the Services and/or Content if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure.

Governing UK Law and Jurisdiction

This Agreement shall be construed and enforced in accordance with the UK Laws without reference to the principles of conflict of UK Laws of any jurisdiction. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you agree to submit to the exclusive jurisdiction of the UK, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. Your use and browsing in Claire Missingham Digital Studio are at your own risk.  Neither we nor any other party involved in creating, producing, or delivering Claire Missingham Digital Studio shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, Claire Missingham Digital Studio.  Without limiting the foregoing, everything on Claire Missingham Digital Studio is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 

We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in Claire Missingham Digital Studio or your downloading of any materials, data, text, images, video, or audio from Claire Missingham Digital Studio. 

We reserve the right to remove any content from Claire Missingham Digital Studio or to restrict access to Claire Missingham Digital Studio for any reason without notice.

Binding Arbitration with Claire Missingham Online Studio

You and Claire Missingham Online Studio agree that any dispute between you and Claire Missingham Online Studio arising out of or relating to this Agreement or your use of the Claire Missingham Online Studio shall be resolved by UK Law.

Waiver of Class Action Claims

By agreeing to arbitrate your claims against Claire Missingham Online Studio , (i) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY (except for matters that may be taken to small-claims court); and (ii) YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

You agree to indemnify, defend and hold us and any of our affiliates, and any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of Claire Missingham Digital Studio.

We reserve the right to assume, at our sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defence of any such claim, action, settlement or compromise negotiations, as requested by us.

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by UK Law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors.  Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorised representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.  We shall have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with our merger, consolidation or reorganisation for the sale of substantially all of our assets.

These Terms of Use contain the entire understanding between you and us relating to Claire Missingham Digital Studio and our services.  These Terms of Use supersede any other Terms of Use or agreement regarding Claire Missingham Digital Studio our services prior to the Effective Date below.

These Terms of Use were last updated on 25th March 2021.