“Anastasiya Ivanova”, “Media Fitness Team” and “Media Fitness” (collectively “I,” “we,” “us,” or “our”) welcome you. We invite you to access and use our Website and Affiliates (social media accounts and any other platforms that are deployed by us to connect, promote, sell, finalize and deliver our content and services).
We give visitors to our Website and Affiliates (“Visitors”) access based on the Terms of Use outlined below. By browsing and engaging our Website and Affiliates, you acknowledge and agree that you have read and understood these terms and that you are legally bound by them.
If you do not agree to any of these terms, then please do not use these platforms.
Similarly, if you wish to purchase one or more of our products or services, you agree to the terms outlined here.
1. Description and Use of our Website and Affiliates
Visitors. We define visitors as individuals who engage with our Website and Affiliates in the following ways: No login is required for Visitors. (i) view and browse all publicly-available content on the Website and Affiliates; (iii) comment and engage with the content; (iv) request consultation via our Free Consultation Form; and (ii) email us via our Contact Form. Visitors are not required to login anywhere on our Website and Affiliates.
Clients. We define our clients as individuals who can do all the things that Visitors can do. They can also: (i) buy products and services through our Website and Affiliates; (ii) access exclusive content available only to our Clients; (iii) sign up for our various programs; (iv) sign up for alerts and other notifications; and (v) become part of “our” community.
Although any individual can become our client, “we” are not obliged to accept everyone who wishes to become one. “We” may accept or reject anyone’s candidacy at our complete discretion.
2. Community Guidelines
By accessing and/or using the Website and Affiliates, you agree to comply with our community guidelines (the “Community Guidelines”). You also agree that you will not use the Website and Affiliates for any unlawful purpose;
You agree that:
You will not copy, upload, post, email, forward, transmit or make available any information of any type that:
- violates any person, entity, or business’s trademark, right of publicity, copyright, or other proprietary rights; or
- is defames or may be deemed libelous, such as one containing – but not limited to – obscenities, discrimination, pornography, sexually explicit content, privacy violations, violence or hate speech, and any sensitive information.
- Contains identifiable information like email addresses, postal addresses, phone numbers, credit card or bank information, Government/Legal information, or any similar information without the explicit permission of the entity who owns the information.
You will not threaten or harass another person verbally, physically, online, or offline by any means;
You will not spam or solicit or use the Website and Affiliates to engage in any activities that bring you financial or other commercial profit;
You will not access or use the Website and Affiliates for any market research;
You will not access, use or engage with Website and Affiliates under a different identity that is not legally yours or is recognized as your alias, including impersonating another person or entity;
You will not claim false affiliation with a person or entity;
You will not consciously, by affiliation, or unconsciously interrupt the proper functioning of the Website and Affiliates. This includes the use of any virus, devices, hardware or software, or other mechanisms that collect or transmit information.
You will not hack, data mine, use robots, spiders, scrapers, or other means that can result in accessing or attempting to access any data, protected information, files, or passwords related to the Website and Affiliates;
Any access to our website’s protected data can be requested directly from us.
You will not tamper with, cover, block, or in any way negatively interfere
with any advertisements or information shared that was meant to be shared on the Website and Affiliates;
You will report to us any violations and inappropriate content of which you become aware.
We reserve the full discretionary right to deny you full or partial access to the Website and Affiliates, without notice.
We have the full discretionary right to remove any content that does not adhere to these Community Guidelines.
3. Fees and Payment
For any purchase you make on the Website and Affiliates, you shall pay Anastasiya Ivanova all applicable fees and taxes.
You agree to pay the full sums according to the payment options you select on our payment pages. In the event that your payment cannot be processed, we reserve the full right to refuse the service or product you purchased until payment delays are resolved.
We do not issue refunds to payments already made for any services and products advertised on Websites and Affiliates.
You agree that you will not seek a grace period for any payments you make to Anastasiya Ivanova for services and products advertised on Website and Affiliates.
We or our third-party payment processor shall authorize your bank information and credit card, or other approved payment methods you provide during full payment of the fees and any applicable taxes, and you hereby consent to the same.
If the mailing address you provided us is in Canada, all payments will be made and charged in Canadian dollars (CAD). Otherwise, all payments will be charged and made in your local currency, converted to match the fee in Canadian dollars.
The currency conversion depends on the conversion rates of the payment method you have chosen.
Anastasiya Ivanova and we do not impose currency conversion taxes or transfer taxes. You hereby agree that any such additional taxes are paid by you to deliver to us the full payment for products and services you purchase.
If your payment from your bank or credit card issuer cannot be processed, we reserve the right to cancel your service without contest.
4. Intellectual Property
The Website and Affiliates contain material, such as videos, text, practical and theoretical lessons, lesson plans, training modules, photographs, graphic and image content, sound and video recordings, and other material provided by or on behalf of “us” (collectively referred to as the “Content”).
The Content is solely owned by us or third parties, such as guest lecturers. The Content is protected under both Canadian and foreign laws.
You hereby agree that you understand that unauthorized use of the Content violates copyright, trademark, and other laws.
Visitors have the right to engage with all publicly-available Content for non-commercial use. Clients who have purchased any product or service, may download and engage any purchased Content for their own personal, non-commercial use.
No other use of Content is permitted without the prior written consent of Anastasiya Ivanova. Anastasiya Ivanova has all rights, titles, and interests, including all intellectual property rights, in and to the Content.
You must keep all copyright and other proprietary notices that are present in the original Content. You agree not to sell, share, license, sublicense, or change the Content. Similarly, you may not reproduce, show, perform in public, make a derivative or similar version of, transfer, or otherwise use the Content in any way whether that is for public or commercial purposes. The use, re-use, or posting of the Content on other websites, social media pages, or any networked computer environment is strictly prohibited.
Any of the abovementioned actions can be performed only when explicit written and signed permission is obtained by Anastasiya Ivanova.
If you violate any part of this Agreement, you will be terminated from any access and/or use of the Content and the Website and Affiliates automatically. In this case, any Content that you may have copied must be immediately destroyed.
The trademarks, logos, service marks and unique identifiers of Anastasiya Ivanova (the “Anastasiya Ivanova Trademarks”) used and displayed on the Website and Affiliates are both registered and unregistered trademarks or service marks of Anastasiya Ivanova. Other company, product, and/or service names located on the Website and Affiliates may be trademarks, logos, service marks, and unique identifiers owned by others (the “Third-Party Trademarks,” and, collectively with Anastasiya Ivanova Trademarks, the “Trademarks”).
Nothing on the Website and Affiliates should be interpreted as granting any license or right to use the Trademarks, without Anastasiya Ivanova’s prior written permission that is specific for each use. The use of the Trademarks of Website and Affiliates as a link to or from any site is strictly prohibited unless you have written permission from Anastasiya Ivanova.
Elements and content on the Website and Affiliates are protected by the Trademarks Act that can be found on the Canadian Intellectual Property Office’s website. Such elements and content cannot be copied, imitated in whole or in part, or retransmitted without express, written permission by Anastasiya Ivanova.
5. Client Content; Licenses
As noted above, the Website and Affiliates provide Clients with the ability to post and upload Client Content. You fully acknowledge and agree that once you submit your Client Content to be included on our Website and Affiliates, it will be accessible to others. Any Client Content that you make available is not protected for confidentiality or privacy. YOU AND NOT “Anastasiya Ivanova”, “Media Fitness Team”, and “Media Fitness” ARE HOLD THE FULL RESPONSIBILITY AND POSSIBLE CONSEQUENCE, LEGAL, AND OTHERS, FOR ALL YOUR CLIENT CONTENT THAT YOU UPLOAD, SHARE, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE AND AFFILIATES.
You retain all copyrights, trademarks, and other intellectual property rights in and to your own Client Content.
You fully agree that you grant us and our sublicensees a fully non-exclusive, royalty-free, freely sublicensable, perpetual license to edit, modify, reproduce, compile, and combine with other content.
You fully grant us the permission to copy, synchronize, record, transmit, share, translate, format, re-format, distribute, publicly display, publicly perform, and otherwise use or exploit for-profit and non-profit your Client Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any methods, means, media, mediums or technology currently known or hereafter created.
You also fully grant us and our sublicensees the right, but not the obligation, to use your Client Content, your name, status, likeness, moving and still images of you in connection with any use of the related Client Content permitted by the previous sentence to also advertise and promote the Website and Affiliates, Anastasiya Ivanova, and our products and services, including for profit.
Anastasiya Ivanova and its content partners agree to not infringe or misappropriate and misrepresent the intellectual property or moral rights of any person. Anastasiya Ivanova and its content partners agree to not distribute on Websites and Affiliates any libelous, obscene, defamatory material or content that violates our Community Guidelines listed above.
6. Communications with Us
We, our sublicensees or content partners welcome any communication with us under the following agreements:
- You acknowledge and agree that no obligatory or confidential relationship now exists between you and “us” during our communication with you via our contact form, e-mail, social media, and any other means unless it has been stated in writing by Anastasiya Ivanova.
- We encourage you to email us feedback and questions. We welcome you to share with us our existing products and services. We discourage you from, and you should not, email, send, or share under any form any content that contains confidential information. Any feedback and questions you send to us will be considered non-confidential and not proprietary, thus we remain free to use and redistribute them without restrictions without any compensation or attribution to you.
7. No Warranties; Limitations of Liability
THE WEBSITE AND AFFILIATES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY DON’T HAVE ANY WARRANTIES OF ANY KIND, INCLUDING THAT THEY WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES, SIMILAR CONTAMINATION, OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ONES OF TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
IN CONNECTION WITH ANY CONTRACT, WARRANTY, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOST PROFITS, DAMAGES, INCLUDING ONES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION; INCLUDING ONES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES AND AFFILIATES OR THE CONTENT, EVEN WHEN WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND; INCLUDING DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES AND AFFILIATES OR THE CONTENT ARE LIMITED TO THE FEES YOU HAVE PAID US FOR PURCHASES YOU HAVE MADE FROM US.
YOU AGREE THAT WE RESERVE THE FULL RIGHT TO MAKE CHANGES, EDITS/CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND AFFILIATES AT ANY TIME WITHOUT NOTICE TO YOU.
8. External Sites
The Website and affiliates may contain links to third-party websites (“External Sites”). Such links are available solely for your convenience and do not represent an endorsement by us of the available content on such External Sites in their current and future state. The content of such External Sites is created, developed, checked, and provided by others. We have no responsibility, legal or otherwise, over it. If you decide to access, download or engage with the content of the linked External Sites, you agree that you do so at your own risk.
You admit and agree that we assume no responsibility for the third parties’ external sites’ privacy and cookie policies. You also acknowledge that there is a need to review the privacy policies of each third-party website to read and agree on their specific privacy and cookie policy.
9. Representations; Warranties; and Indemnification
(a) If you are a Client, you hereby legally agree, represent, warrant that:
- You own or have all the necessary licenses, rights, permissions, and consent to all trade secret, trademark, copyright, or other privacy, proprietary, and publicity rights in and to your Client Content and any other works and intellectual property that you incorporate into your Client Content, and all the necessary rights to grant these licenses and permissions you grant hereunder;
- Use of your Client profile as identified by this Agreement shall not violate or misappropriate the privacy, intellectual property, publicity, contractual, or any other rights of any third party; and
- You shall not submit, post, send, share, or transmit to the Website and Affiliates any Client Content that violates our Community Guidelines outlined above or any other terms of this Agreement.
(b) You agree to indemnify, defend, and hold us and our licensees and partners and assign us harmless from and against any liabilities, damages, harm, losses, claims, expenses, actions, and/or demands, including, but not limited to, reasonable legal and accounting fees that arise or result from: (i) your breach of this Agreement; (ii) your misuse or abuse of the Content or the Website and Affiliates; and/or (iii) your violation of any third-party rights, including, but not limited to any copyright, trade names, trademark, property, privacy or publicity right. We shall provide you with a notice of any such claim, suit, or proceeding; we shall assist you – at your expense – in the defense of any such claim, suit, or proceeding. We reserve the full right to take the exclusive defense and/or control – at your expense – of any matter that is subject to indemnification under this section. In such cases, you fully agree to cooperate with any reasonable requests with the assistance of our defense of such matter.
10. Compliance with Applicable Laws
The Websites and Affiliates are based in Canada. If you access or engage with the Website and Affiliates or the Content from outside of Canada, you do so at your own risk. Whether you are inside or outside of Canada, you are solely and fully responsible for ensuring your compliance with the laws of your specific jurisdiction.
11. Termination of the Agreement
We reserve full the right – at our sole discretion – to limit, suspend, or completely terminate this Agreement and/or your access to all or parts of the Website and Affiliates, at any time and for any reason, without any prior notice or liability to you.
We reserve the same right to modify, suspend, or remove all or any part of the Website and Affiliates at any time without any prior notice or liability to you.
12. Digital Millennium Copyright Act
Anastasiya Ivanova and her team uphold the intellectual property rights, trademarks, trade names, and any other copyrights of others and consciously attempt to comply with all relevant laws.
We hereby agree to review all and any claims of copyright and trademark infringement we receive and remove any Content that is deemed to violate any such laws.
You can forward your claims of copyright infringement to:
Anastasiya Ivanova
If you provide us with any such claim, please address the following in it:
(i) a full and as detailed as possible description of the copyrighted work that seems to have been infringed accompanied with a description of the specific location on the Website and Affiliates where such work is located; (ii) a description and direction of the location of the original copy of the copyrighted content; (iii) your contact information, such as name, address, telephone number and email address; (iv) a full statement by you that you have a belief that the disputed use of content is not authorized by its copyright owner, agent or the law; (v) the reference to the specific law that supports your belief; (vi) your statement, made under the full awareness of penalty of perjury, that the information in your claim is accurate; (vii) proof that you are the copyright owner of the content or ah authorized individual assigned to act on the copyright owner’s behalf; and (viii) an electronic or physical signature authorizing the claim made by the copyright owner or his or her authorized representative.
13. Class Action Waiver
You hereby agree that any proceeding or arbitration shall be conducted and limited to the claimed dispute between us and you individually and that you may bring claims against us only in your power and representation as an individual and not as part of a class action member or plaintiff or a representative of someone else’s proceeding.
14. Equitable Relief
You agree and acknowledge that in the event of a violation – threatened or actual – of our intellectual property, trade rights, and copyrights and this Agreement – violations discovered by us or reported to us – we have the full right to enforce this Agreement in court. In the events described, you agree that we will suffer irreparable harm, justifying our full right to seek relief from any court that has jurisdiction.
15. Disclaimer
Anastasiya Ivanova and her team (“we”) cannot ensure any defined or imagined financial outcome or business success based on your use of our content and coaching on this website and other platforms that we own or rent, online or offline. You agree that we are not responsible for the success, or otherwise, of your personal and business decisions, the growth or depletion of your financial earnings, including personal, business, or other, or any other positive or negative personal and business results that may be the outcome from the information we present to you via our content and coaching.
You are solely responsible for your decisions, actions, or reactions based on the content and support we provide you with. Such responsibilities include completing any courses, programs, and sessions at the scheduled times and duration set in their respective descriptions.
It is Anastasiya Ivanova and her team’s full intent and interest that you achieve the results you strive for. But you agree that are solely responsible for the final results, no matter their nature.
15. Disclaimer
Anastasiya Ivanova and her team (“we”) cannot ensure any defined or imagined financial outcome or business success based on your use of our content and coaching on this website and other platforms that we own or rent, online or offline. You agree that we are not responsible for the success, or otherwise, of your personal and business decisions, the growth or depletion of your financial earnings, including personal, business, or other, or any other positive or negative personal and business results that may be the outcome from the information we present to you via our content and coaching.
You are solely responsible for your decisions, actions, or reactions based on the content and support we provide you with. Such responsibilities include completing any courses, programs, and sessions at the scheduled times and duration set in their respective descriptions.
It is Anastasiya Ivanova and her team’s full intent and interest that you achieve the results you strive for. But you agree that are solely responsible for the final results, no matter their nature.
This Privacy Policy refers to our collection and use of the information we gather via: (i) our Website and Affiliates; and (ii) offline by the means of e-mail, phone, in-person, verbally, and written.
This Privacy Policy applies to Visitors and Clients as identified in the Terms above. By engaging with any of our Website and Affiliates as a Visitor or Client or providing us information offline, you understand and agree to uphold the terms of this Privacy Policy.
You agree that:
(i) the information you provide us with is accurate, current, and legally yours;
(ii) you shall not impersonate another individual or use another individual’s information as yours, including but not limited to name, business name, address, e-mail address, phone numbers, credit card or bank information, trademarks unless you provide us with a written and signed permission of that individual allowing you to use any of their identifying information to identify you.;
(iii) you agree that we can use this information to communicate and proceed with any complaints, claims, and responsibilities related to the violation of the Terms above, including one of the third persons you have provided as yours.
(iv) you shall keep all information up to date.
We certify that:
(i) all of the personal, bank, business and digital information (“Your Information”) we collect via our Website and Affiliates and offline is used only for the purposes of proper functioning, improvement, growth, and means to distribute our Website and Affiliates and services we deliver to you;
(ii) only your name, physical likeness, business, and trade names shall be used for marketing purposes;
(iii) we protect Your Information by all legal, physical, and digital means we deploy;
(iv) in the event that we experience a breach of our protection of Your Information, you shall be immediately notified and advised of proper actions to protect yourself;
(v) we shall not be legally and financially held responsible for any breach or loss of Your Information.
GDPR
There are lawful grounds for data processing we collect from you that ensures that we comply with the European Union’s General Data Protection Regulation (“GDPR”).
Every time you send us your personal information via our “Contact us” page or through the “Free Consultation Form” or by any other form of electronic communication, we will process your data based on our legitimate interest to respond to visitors or clients’ inquiries.
We ensure that we don’t gather any sensitive kind of information, including but not limited to data relating to your race or ethnic origin, health, genetics, religious or political beliefs, sexual orientation, trade union membership, or any information regarding criminal offenses or convictions.
Third-Party Analytics
In order to make our services best fitting to our audience, we use third-party analytics services like Google Analytics. Such services help us to collect data on users’ activity on our websites, such as demographic data, performance metrics, and reports of activity, and analyze other information considering the usage of our website.
You should be aware that all that kinds of third parties use cookies and other technologies that provide us with data to analyze.
By using and accessing our website you agree to the processing, collection, and analyzing of data about you with those analytics systems in the manner and for the purposes set out in this Privacy Policy.
In case you choose to opt-out of any of the services, you should be aware that you may not be able to use the full functionality of our website.
For Google Analytics, please visit: https://www.google.com/analytics
INFORMATION PROTECTION & SECURITY
We use several methods to keep your personal data safe.
We use a Secure Sockets Layer (SSL) on our website in order to help us safely transfer information. Nevertheless, this is not a guarantee. If we find out that we have experienced a data breach, we will notify all the parties whose data has been affected.
While we give our best to protect any personal information, you understand and agree that we are not responsible for any data breaches or instances where third parties access any information we store without our consent.
You acknowledge and agree that you shall deem us legally or otherwise responsible or harmful in the event that your information has been breached without our consent.
YOUR RIGHTS TO CONTROL YOUR INFORMATION
You have full control over your information from our database, including updating, amending, or removing it. If you need to access or do any amends to the information that we have, please e-mail us at connect@anastasiyaivanova.com
You also have the option to unsubscribe from any of our mailing lists via the “unsubscribe” button contained at the bottom of our e-mails to you.
CHILDREN’S PRIVACY RIGHTS
We do respect and support the right to privacy of any children under the age of 13. We do not knowingly collect or use such data. Therefore, in order to access and use our Website and Affiliates, you acknowledge and agree that you:
- are at least 13 years old at the time of access or use;
- Are engaging or using Websites and Affiliates and any content with direct and provable supervision by your legal guardian or parent, if you are under the age of 13.
- Have the mental capacity to make decisions about your data and engagement with our Website and Affiliates.
In the event that we discover that we have collected data that doesn’t match these criteria, we will immediately seek parental or guardian consent and/or will destroy the data.
If you suspect that we may have unknowingly collected data from a minor, please notify us at connect@anastasyiaivanova.com.
On our website, we use “cookies” to trace and collect data, so we can make your experience as best as possible. This data is not intended and does not infringe on your personal information, nor does it give us the ability to access it. Cookies only give us an understanding of what you found interesting and engaging on our website and what we can improve on.
You can always disable your cookie feature on your computer or phone or any other electronic device you use to access our website. This way, we will not be able to collect your browsing data.
However, you acknowledge that in the instances where you do not accept cookies from us, our website may not function properly for you.
The following are the cookies we use on our website:
Strictly Necessary Cookies
Strictly necessary cookies are essential for the proper functioning of our website. Again, they do not contain or give us access to your identifiable personal information. They allow serve you to remember what you have selected on a page, put in a basket or the page you want to re-open or reload.
Other strictly necessary cookies are affiliate cookies that are third-party cookies, such in the instance that you access our website or promotion via an external link that gives you that promotion. It is one of those, “Click on my bio for a specific link that gives you 20% off …” You can only get the promotion if you access our website via this third-party link. The cookies collected in this case are affiliate cookies that transmit to us the information that you have accessed this promotion via that third party, hence it is valid.
Performance Cookies
Performance cookies help us analyze and improve the performance and service of our website for you. They tell us which pages you stayed on longer, where you accessed our website from, which buttons made you click further, what you closed the quickest, etc. In other words, they map out for us your preferences when you engage with our website.
They do not reveal any of your psychological or personal information. They simply tell us which are the strongest and weakest points on our website – information we need to make your experience even better.
Functional Cookies
Functional cookies work for you. They help the website remember your language preference, username, favorites, and other user-friendly functions our website may offer to you so your experience is convenient.
Targeting Cookies
Targeting cookies are the real guys behind “I swear I pinned this engagement ring for one day when and since then, I keep getting jewelry and engagement ring adds all over.” These cookies contain data about your interests on the web, so they can funnel more information and advertisements that match your interests. Kinda like a personal shop assistant. If you don’t agree to allow such cookies, the ads you will be getting will be more random and less relevant to you.
Controlling your cookies
You have the full right to control which cookies you like for us to use, except the strictly necessary ones. Those ones are essential. You can adjust your cookie settings on your device or on your browser. However, you understand and acknowledge that any cookies you opt-out of will most likely lead you to have a less functional and user-friendly experience on our website, including being unable to use certain promotions.
You can review how to control the cookies on your browser depending on the ones you use by following the links below:
We reserve the full right to make changes, delete or add to any or all policies and guidelines listed and described on this page. Anything written here is complete, accurate and effective from the date stated at the top of this page.
By accessing and using Website and Affiliates and by engaging with us or our content in any way, you acknowledge and agree that we have the right to make such changes without notifying you. You also agree that you consent to any changes and that it is your responsibility to stay informed about them, review them and refer to them.