Terms & Conditions

T&C Audio & Video

Scope of Application

These General Terms and Conditions (hereinafter “T&C Audio & Video”) apply to the use of MYFUNTONE Workouts and the services MYFUNTONE Single Workouts and MYFUNTONE Subscription, which are created by MYFUNTONE, Haldenrebenstrasse 17c, CH-8908 Hedingen (hereinafter “MYFUNTONE”) and can be purchased or rented for a fee via the Vimeo platform.

By registering on the website www.myfuntone.com or creating a MYFUNTONE user account to use MYFUNTONE Workouts or the services MYFUNTONE Single Workouts and MYFUNTONE Subscription, you acknowledge the applicability of these T&C Audio & Video.

User Account

General
The use of the services MYFUNTONE Single Workouts requires (1) the creation of a corresponding user account on the website www.myfuntone.com and (2) a Vimeo membership.

The use of the services MYFUNTONE Subscription requires (1) the creation of a corresponding user account on the website www.myfuntone.com.

MYFUNTONE

Each user of MYFUNTONE Workouts or the services MYFUNTONE Single Workouts and MYFUNTONE Subscription is obliged to provide accurate personal data during registration on the website www.myfuntone.com or when creating a MYFUNTONE user account and to keep this data up to date. Invalid or falsely registered user accounts will be deleted. MYFUNTONE user accounts are personal. If MYFUNTONE detects misuse of an account or has reasonable suspicion of misuse, MYFUNTONE has the right to suspend the affected account. The password is personal and must not be shared. Using trivial passwords such as name, first name, date of birth, etc., is discouraged. The password rules displayed during password creation apply. If no login occurs within 360 days, the user account will be suspended and must be explicitly reactivated. If reactivation does not occur within the following 180 days, MYFUNTONE reserves the right to delete the account permanently.

Vimeo and MOVE YA

Please note that by joining Vimeo (a video platform of the US company Vimeo LLC based in White Plains, NY/USA) or registering with MOVE YA! (a music platform of MOVE YA! Lifestyle Kontor GmbH, Hamburg, Germany, for professional use in fitness, rehab, prevention, and related courses), you agree to the respective terms of use, terms and conditions, and privacy policies of Vimeo or MOVE YA! on your own responsibility.

When you access videos via Vimeo, a connection to Vimeo servers in the USA is established. This transmits certain information to Vimeo. Vimeo may place cookies on your device. Vimeo also offers additional features, such as rating or sharing videos. For this, you may need to log in to your Vimeo account or a third-party provider (like Facebook or Twitter) so they can associate your actions with your account. These features are offered exclusively by Vimeo and the respective third-party providers. You should carefully review their privacy policies before using these functions.

MYFUNTONE has no knowledge of the data collected by Vimeo, MOVE YA!, or third parties and has no control over their use.

Intellectual Property Rights and Copyrights; Limited Usage Rights

MYFUNTONE holds the intellectual property and copyright rights to MYFUNTONE Music and MYFUNTONE Workouts or the services MYFUNTONE Single Workouts and MYFUNTONE Subscription or has obtained appropriate license rights from the original rights holders, particularly from SAFS AG (Zurich), which owns the FunTone® brand rights.

By granting the non-transferable, time-limited usage rights specified in the MYFUNTONE user account for MYFUNTONE Music and MYFUNTONE Workouts or the services MYFUNTONE Single Workouts and MYFUNTONE Subscription, MYFUNTONE does not grant you any industrial property rights and/or copyrights.

Personal Use Requirements and Limitation of Liability

MYFUNTONE expressly points out that the use or execution of MYFUNTONE Workouts requires physical and mental health. MYFUNTONE Workouts must be stopped immediately in case of discomfort or other physical issues.

Except for liability for intentional or grossly negligent breaches of duty by MYFUNTONE, MYFUNTONE disclaims all liability for damages resulting from the use or execution of MYFUNTONE Workouts.

Applicable Law and Jurisdiction

These T&C Audio & Video are governed exclusively by substantive Swiss law, excluding international treaty provisions, particularly the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980).

Subject to mandatory statutory jurisdictions, the exclusive place of jurisdiction for disputes concerning these T&C Audio & Video and the use of MYFUNTONE Music and MYFUNTONE Workouts or the services MYFUNTONE Single Workouts and MYFUNTONE Subscription is Zurich, Switzerland.

Miscellaneous

For the purchase and acquisition of products in the MYFUNTONE shop, the General Terms and Conditions for the MYFUNTONE Shop (“T&C Shop”) apply.