Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE

Welcome to the Amazings, a community marketplace for the provision of training videos and media online. The Amazings website at www.theamazings.com (including any social networking pages operated by The Amazings from time to time, the “Website”) and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered, including any new features and applications (collectively, the “Service”) are owned, operated and distributed by The Amazings Social Business Ltd., a private company limited by shares (referred to in these Terms of Service as the “Amazings” or “we” and through similar words such as “us,” “our,” etc.).

By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service.

These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of the Amazings.

We may, at our sole discretion, modify these Terms of Service at any time. By continuing to use the Services and/or the website after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes. These Terms of Service were last modified as of 22 April 2013.

Description of Subscription Services

The Amazings makes classes, courses and educational materials on various topics available through an online marketplace for users to attend in person or view in video format (the “Standard Content” and together with course materials, the “Premium Content”).

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

1. You must be 13 years or older to use the Service.
2. You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, valid email address, zip code, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. The Amazings will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
6. You agree and undertake to keep your username and password confidential, not to disclose your password to any other person, and not to permit any other person to log in to the Website using your username and password

You also agree not to:

1. upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms 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 associated with the Services or Website.
2. interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.
3. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
4. attempt to gain access to secured portions of the Website to which you do not possess access rights;
5. impersonate any other person while using the Services or Website (though you are permitted to use an alias in order to access the Website on condition that you provide your correct name and details when registering and/or paying for any chargeable Service on the Website);
6. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website which shall be deemed to include without limitation posting content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or which victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
7. resell or export the software associated with the Website;
8. use the Website to generate unsolicited advertisements or spam; or
9. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.

Content

You hereby represent and warrant that in respect of any content uploaded to the Website and/or transmitted to any member via the Website by you that:

(a) you have the right to publish such content (whether by virtue of ownership of the intellectual property rights in such content or as a result of the grant to you of a license to use and publish such content);

(b) the publication of such content on the Website is not likely to bring the reputation of the Amazings into disrepute;

(c) such content:

1. is not illegal in the UK or in any jurisdiction in which such content might reasonably be expected to be viewed and does not promote any illegal activity;
2. does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
3. such content does not encourage or promote any political cause or affiliation;
4. such content is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
5. such content does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
6. such content does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
7. such content does not depict any person less than 18 years of age (whether or not decent or indecent);
8. such content is not likely to cause offence to any viewer of such content;
9. such content is true and not misleading in all material respects (including without limitation any information and images posted by you relating to your personal statistics, age, occupation and relationship status). For the avoidance of doubt, you are not required to provide any type of information (other than your name, username, location and email address and a brief description of your interests etc., and in the context of payment, your credit or debit card details) and should leave blank any section of any form where you do not wish to provide information;
10. does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
11. is not likely to lead a viewer to assume that you are related to, authorised by or otherwise represent the Amazings.

You acknowledge and agree that the Amazings shall review and approve some or all content (at its sole and absolute discretion) uploaded to the Website and/or transmitted by you to any other user via the Website. The Amazings shall be entitled to remove any content without notice and without giving any reason.

Further you acknowledge and agree that the Amazings may be required to provide information about the origin of any unlawful content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such content has been viewed and is illegal and you hereby irrevocably authorise the Amazings to provide such information to such persons (on request or in our discretion) without consulting or informing you.

You acknowledge and agree that we shall at all times be permitted to distribute, display, or use for promotional purposes and in advertising or any third party website (including without limitation any social network) any content uploaded by you to the Website. Further we may without your consent and/or notifying you post user content on our profiles on social media websites including without limitation Twitter, Pinterest,  Facebook and Instagram.

Limited Licence

The Amazings hereby grants each User who pays fees (a “Subscriber”) a limited, non-exclusive, non-sub-licensable and non-transferable license to access, view or use the Standard Content and/or Premium Content (as applicable) according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms of Service. Whether the Subscriber receives a license to the Premium Content or Standard Content depends on the subscription plan. Subscription Plans are summarized in Appendix 1 hereto.

Our Rights

We neither endorse nor assume any liability for the contents of any user submission or for any Standard Content or Premium Content. We generally do not pre-screen, monitor, or edit user submissions. However, we and our agents have the right at their sole discretion to remove any user submission or other content that , in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such user submission or other content.

You hereby consent to such removal and waive any claim against us arising out of such removal of any user submission, whether it is your own or another user’s. See "Copyrights, Licenses and User Submissions" below for a description of the procedures to be followed in the event that any party believes that a user submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account , or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

The Amazings reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We reserve the right to refuse to provide the Service to any person for any reason in whole or in part at any time, with or without prior notice. You agree that the Amazings shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that the Amazings may establish general practices and limits concerning use of the Service. You agree that the Amazings has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service.

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are the Amazings, its affiliates and/or other third party licensors .  YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND /OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by the Amazings in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by the Amazings in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Amazings or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the Amazings name or trademarks without the express written consent of the Amazings.

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “user submissions.” Whether or not any user submission is published, it will be subject to these Terms of Service. The Amazings does not guarantee any confidentiality with respect to a user submission, regardless of whether or not it is published. You are solely responsible for your own user submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your user submissions (and all content included therein), including the right to authorize the Amazings to use the user submissions in the manner contemplated by the Service and these Terms of Service.

You hereby grant to the Amazings a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any user submissions or any other materials or information (including, without limitation , ideas for new or improved products or services) you communicate to the Amazings by all means and in any media now known or hereafter developed. You also grant to the Amazings the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising , marketing and promotional material related thereto. You agree that you shall have no recourse against the Amazings for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Amazings.

The Amazings will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide the Amazings notice of an infringement, you must provide a written communication to the attention of "Intellectual Property Infringement – Legal Department." care of info@themazings.com that sets forth the information specified by the DMCA (see http://www .copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Fees

We reserve the right, at any time, to change any fees or charges for any subscription (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. The fees for each subscription shall be published on the Website and may be amended by the Amazings from time to time.

All fees paid by any Subscriber shall be non-refundable. All fees must be paid in advance.

Where we take payment for monthly or annual subscriptions by direct debit, you authorize us to demand payment from your bank each payment period for the sums due on or around the same date each calendar month or year (as applicable). You acknowledge that a failure to pay the sums due may result in us suspending your access to the Website and all Premium or Standard Content therein. We shall also be entitled to charge a fee of £25 for each payment properly requested by us and not paid by your bank or credit card company.

Monthly or annual subscription plans shall renew automatically unless terminated by the Subscriber by emailing the Amazings no later than 14 days prior to the next renewal date.

Any discounts, rebates or other special offers will only apply for the initial term (i.e. one month on a monthly plan and one year on an annual plan). Subscriptions will renew at the then-current full subscription rate.

Commission

Where a user uploads video content to the Website, the Amazings will pay a commission to such user in respect of each user who purchases a licence in respect of such content or views such content under a monthly or annual subscription. The rates of commission shall be those published on the Website from time to time.

The Amazings shall notify the user of the commission due to it and the basis for calculating such commission no less than once in every three month period, save that the Amazings shall not be required to notify the user where the cumulated aggregate unpaid commission due to the user is less than £100.00.

The Amazings shall pay any commission in excess of £100.00 due to a user no less than once each quarter to the bank account nominated by the user and notified to the Amazings through the Website.

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY or condition OF ANY KIND, whether EXPRESS, IMPLIED or statutory. We specifically disclaim any IMPLIED WARRANTIES OF title, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON - INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY ACTIVITY THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE RESERVE THE RIGHT TO DELIVER THE SERVICES IN OUR SOLE AND ABSOLUTE DISCRETION.

Through your use of the Service, you may have the opportunity to engage in commercial transactions with other users and vendors, including (without limitation) attendees and teachers. You acknowledge that all transactions relating to any activity or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY ACTIVITY, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Service or presented at any activity represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Amazings spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR SHAREHOLDERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE (WHETHER JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, IN NO EVENT SHALL WE OR OUR SHAREHOLDERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE ( WHETHER JOINTLY OR SEVERALLY) TO YOU IN ANY WAY FOR ANY ACTIVITY OF ANY THIRD PARTY OR ANY THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A ATTENDEE AND TEACHER.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WE DO not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of THE AMAZINGS. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Idemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Amazings Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You agree to indemnify and hold us, and each of our shareholders, directors, officers, employees , agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Services and/or Website or your violation of any law or the rights of any third party.

Miscellaneous

You agree that these Terms of Service and any claim, dispute or controversy arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims ), the Services, the Website, our advertising or any related transaction between you and us shall be governed by and construed in accordance with English law.

Any dispute or claim arising out of or in connection with such matters (including non- contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one ( 1) year after the claim or cause of action arises or such claim or cause of action is barred.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE, THE PRIVACY POLICY OR THE OTHER GOVERNING DOCUMENTS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO ACTIVITY ACTION PROCEEDINGS SHALL BE PERMITTED.

Most communication between the Amazings and you will be sent and received electronically. You agree that all electronic communication between the Amazings and you shall satisfy any legal requirements that such communications be in writing.

These Terms of Service are agreed between you and us. No person shall have any rights under or in connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999. If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision. You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent. These Terms of Service and our Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

Provisions relating to the Activities Service only

Description of Activities Service

The Amazings enable bookers and organizers to meet and arrange to take part in various activities. In relation to the latter services, the Amazings’ role is solely to facilitate the availability of this marketplace for the host and organizer and to provide services related thereto.

Any agreement for organized activity is solely between the organizer and the booker and for the avoidance of doubt, the Amazings is not a party to any such contract or arrangement.

The Amazings does not do business as an organizer, agent, or provider for tours or activities. Neither does the Amazings hire others to do tours or other activities. The Amazings does not act as an agent for any providers or organizers. The Amazings is not a contracting agent or representative of any host or organizer.

In the event that you make payment for any activity through the Website, such payment transaction will be handled by Paypal on behalf of the activity provider. You acknowledge and agree that we are acting solely as an intermediary for the money transfer between you and any organizer or booker with whom you choose to enter into a transaction.

Fees for Organising and Attending Activities

In exchange for providing the Service, the Amazings keeps a portion of the payment for the activity. As a booker, you agree to pay the amount posted by the organizer of the listing. As an organizer, posting a listing is free, but you agree to pay the Amazings its then-current service charge for each activity hosted. Some optional services or functionality may incur additional fees.

If you book an activity, you will be asked to provide your PayPal details. We will charge you for your purchase and hold the funds until the activity happens. If the activity happens, we will transfer the money to the organizer less the Amazings’ service charge. If the activity does not happen any charges will be refunded.

The organizer will be responsible for all taxes in connection with the funds (excluding taxes based on the Amazings ’ net income). Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either organizers or bookers.

If you cancel any reservation, the Amazings will return the funds to you in accordance with its cancellation policy . If you have booked an activity and cancel seven days in advance, you get a refund of for the total amount of the booking. If you cancel a reservation as a booker within seven days of the activity, we will not offer a refund. Although that is our policy, in practice , there may be some flexibility. If you would like to cancel your booking within seven days of the activity, please contact us at info@theamazings.com and we will attempt to transfer your booking to another activity or give you a credit for the next time your chosen activity runs.

Teaching or Attending an Activity

These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents ( the “Activity Agreements”) that a teacher and attendee may enter into in connection with a activity, including any Activity Agreements entered into through the Service. Attendees and teachers are each responsible to the other for complying with the terms of the Activity Agreements, but the Amazings has no control over either party ’s compliance. Among other things, the Amazings cannot control (a) the provisions of the Activity Agreements, (b) the accuracy or legality of the Activity Agreements or (c) any party’s performance of its obligations under the Activity Agreements. Accordingly, the Amazings shall not be held responsible for any liability arising out of the Activity Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE AMAZINGS AND ITS OFFICERS, DIRECTORS, EMPLOYEES , AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AMAZINGS PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE ACTIVITY AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A ATTENDEE OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

Your teaching or attendance of an activity is at your sole risk. The Amazings does not supervise activities and is not involved in any way with the actions of any individuals (whether attendees or teachers) at any activity. As a result, we have no control over the identity or actions of the individuals who are present at these Activities, and we request that our users exercise caution and good judgment when attending Activities. You acknowledge and agree that by participating in any activity (whether as a attendee or teacher ) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any activity. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE AMAZINGS AND EACH OF THE OTHER THE AMAZINGS PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A ATTENDEE OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

The Amazings reserves the right to, but is under no obligation, to delete the listing of any activity at any time and for any reason.

Special Rules for Attendees

1. You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book a activity on The Amazings.
2. The Activities offered on The Amazings are offered directly by the teachers. The Amazings is not responsible or liable for any information on its Service listings or profiles.
3. All Activities offered on The Amazings are valid only for the specified date. The Amazings is not responsible for any changes or cancellations made to Activities by the teacher.
4. You agree to follow all reasonable rules set by a teacher with respect to a activity, and not to take any actions to interfere with the teacher or any other attendees in the activity.
5. You agree to attend each activity solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ Activities, or for interfering with any activity or the teacher’s ongoing relationship with any attendees attending such activity.

Special Rules for Teachers

1. By listing a activity with the Amazings, you assume full responsibility for the content of the Service offered.
2. By listing an activity with the Amazings, you understand that it is publicly available to be viewed and booked by anyone.
3. By listing an activity with the Amazings, you agree to honor any registrations through TheAmazings.com at the price and time listed in the Service, and not to refuse registration or attendance by any attendee for any discriminatory or other illegal reason.
4. You represent and warrant to the Amazings that you are qualified to teach the activities that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
5. You agree not to abuse your attendees’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your activity without the attendees’ prior consent5. You agree not to abuse your attendees’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your activity without the attendees’ prior consent..
6. You understand that, if you teach a activity, your attendees will have the opportunity to review their experience with you. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.