Terms and Conditions
Jul 2024
Terms of Use & Service
808Studio.ph
Welcome to the web site of Good Feelings Corporation doing business under name of 808 Studio (“808 Studio”). 808 Studio is pleased to make the web site (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.
These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with 808 Studio, unless otherwise directed by 808 Studio. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.
Collection of Visitor Information
Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with 808 Studio through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
Accuracy
Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. 808 Studio reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If 808 Studio discovers price errors, they will be corrected on 808 Studio’s systems, and the corrected price will apply to your order.
Links to Other Web Site
The Site may contain links to other web Site. Additionally, other web Site may contain links to the Site. 808 Studio does not review or monitor the web Site linked to the Site and 808 Studio is not responsible for the content or policies of any other web Site. Any link established by 808 Studio does not constitute an endorsement of the other web Site or create a relationship between 808 Studio and the operators of other web Site. 808 Studio disclaims any liability with respect to your use of any other web site, and you release 808 Studio from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by 808 Studio, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Change to Terms of Use
808 Studio may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that 808 Studio shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
Your Account
If you are a registered user of any of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. 808 Studio reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
Payment
You authorize 808 Studio and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to 808 Studio are nonrefundable, yes.
Copyright & Trademarks
All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of 808 Studio or its content, software, and technology suppliers, and is protected by applicable copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of 808 Studio and protected by applicable copyright laws. 808 Studio grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of 808 Studio and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of 808 Studio. Any use of these rights without the prior written permission of 808 Studio is strictly prohibited.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. 808 STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 808 STUDIO MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. 808 STUDIO MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE PHILIPPINES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL EITHER 808 STUDIO OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Prohibited Activities & Visitor Obligations
As a visitor or user of the Site you shall not:
violate any applicable law or regulation;
upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
Post any content that is subject to any disclosure restrictions;
Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked Site;
disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked Site;
use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without 808 Studio’s prior, express, and written permission; or
use the Site for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to 808 Studio elsewhere in these Terms of Use, you hereby grant 808 Studio the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content. Although 808 Studio has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, 808 Studio reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by 808 Studio in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to 808 Studio you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
Indemnification
You agree to indemnify, defend, and hold 808 Studio and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that 808 Studio incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
Terms of Availing Services
By engaging our “Service” through this website or onsite at our facility, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein, those subsequently made available by hyperlink and notices, instructions, as well as waivers governing the use of and as posted in our or informed you while using our facility(ies) (collectively “Terms of Service”) –
a. To abide by the rules of conduct, behavior, dress code, equipment usage and use of services that have been informed you including those provided by posting of notifications within the premises.
b. You are to use care in the use of the facility(ies), equipment or apparatus and to prevent any damage to the same.
c. You agree for 808 Studio to install Video Surveillance for the security of its premises and that the Video Surveillance can be remotely viewed at any time by the management and/or security provider.
d. 808 Studio at its discretion may block you access to the use of any of its facility(ies), equipment, apparatus or terminate the agreement for your availing of the Services without notice for any non compliance of this agreement or any behavior or action that they deem inappropriate.
e. You acknowledge that you are aware of the inherent risks of injury or ill health resulting from availing the Services and from participation in any exercise class or fitness activity generally. In consideration of participation in any class or fitness activity within 808 Studio, you agree to release and indemnify 808 Studio, its directors, officers, staff, instructors, consultants from any liability. You agree to participate in all activities at your own risk and responsibility whether supervised or not by staff. You agree to release and hold harmless 808 Studio, its directors, officers, staff, instructors, consultants and any associated parties from and against all actions and claims, in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way whatsoever.
f. You recognize and understand that the class or fitness activities may be strenuous. You should stop in the event of any discomfort, notify our instructor or staff, and consult your physician immediately.
g. By availing our Services, you are presumed to have made the following representations, that – (i) you are of legal age, or if, below eighteen (18), have received the consent of your parent / legal guardian to sign up; (ii) ) you have no medical or physical condition that would prevent you from properly participating in our classes or using our Facilities; (iii) you have not been advised or instructed by a physician or other medical practitioner not to participate in any physical activity for any reason whatsoever.
General Provisions
English has been used in the preparation of these Terms of Use/Services, and English shall be the controlling language with respect to these Terms of Use/Servics and their interpretation.
Any failure by 808 Studio to enforce any provision of these Terms of Use/Services shall not be construed as a waiver of any provision or the right to enforce same.
These Terms of Use/Services shall be governed by the laws of the Philippines. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with 808 Studio, it shall be resolved by arbitration and you consent to exclusive jurisdiction. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you are each waiving the right to institute action through the court, to participate in a class action or class arbitration. Since transactions are in the Philippines the forum shall be in Metro Manila.
If any portion of these Terms of Use/Services is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use/Services. You are responsible for compliance with applicable laws.
Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to 808 Studio or a third party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become 808 Studio’s property; and you hereby transfer, sell, and assign to 808 Studio all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. 808 Studio has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. 808 Studio shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Contact
For questions or comments related to the Site or these Terms of Use/Services, please email us at findyourbeat@808studio.ph