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YOGAVIBES TERMS AND CONDITIONS OF USE
We welcome you to the YogaVibes.com Web site (the "Web site" or "YogaVibes"). YogaVibes.com is your online source for high-quality yoga classes and instructional videos. We offer a diverse selection from the best yoga teachers in the world so you can learn and live yoga in your everyday life. Our mission is to create a supportive and welcoming online community of passionate and inspiring yogis. The Web site is owned by Namaste Ventures, Inc. ("Namaste"). These Terms and Conditions apply to all of the products, services and Web sites offered by Namaste Ventures.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEB SITE.
1. Acceptance of Terms
This Terms and Conditions of Use Agreement (this "Agreement") sets forth legally binding terms for your use of the Web site. By using our Web site, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our Web site) or you are a "Member" (which means that you have registered as a user). If you do not accept the terms of this Agreement, you should leave our Web site immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any part of our Web site. You agree to be bound by any modification to this Agreement when you use any part of our Web site after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Web site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Web site (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Namaste reserves the right to suspend or terminate your account and refuse any and all current or future use of the Web site (or any portion thereof) at any time. Membership on our Web site is void where prohibited.
Content on the Web site is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Namaste. Namaste reserves all rights not expressly granted in and to the Web site and the Content.
You may access the Web site and Content as available for Streaming. "Streaming" or "Stream" means a contemporaneous digital transmission of an audiovisual work via the Internet from the YogaVibes Web site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Web site Videos for any purpose or in any manner other than Streaming is expressly prohibited.
By providing information about yourself to the YogaVibes Web site, you are representing that you are eighteen years of age or older. If you are younger than eighteen years of age, you are required to have your parent or legal guardian act on your behalf.
4. Member Account, Password and Security
If you register on our Web site, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify YogaVibes of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Namaste will not be liable for any loss or damage arising from your failure to comply with this Agreement.
5. Prohibited Conduct
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the YogaVibes servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You acknowledge, consent and agree that Namaste may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Namaste, its Members and the public. Under no other circumstances will Namaste intentionally disclose your account information to any third party.
7. Security Components
You understand that our Web site and software embodied within our Web site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Namaste and/or content providers who provide content to Namaste. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Web site.
8. Non-commercial Use
The Web site may not be used in connection with any commercial purposes, except as specifically approved by Namaste. Unauthorized framing of or linking to any of our Web site is prohibited.
9. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "Posting") any Content on or through our Web site, you hereby grant to Namaste a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Web site, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Namaste has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Namaste’s servers after the Content appears to have been removed from our Web site, and Namaste retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Web site, or otherwise have the right to grant the license set forth in this section, and (ii) the Posting of your Content on or through our Web site does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
10. Namaste and Third Party Content
Our Web site contains Content of Namaste, and Content of third party licensors to Namaste (including content provided by users of our Web site, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Namaste owns and retains all rights, title and interest in the Namaste Content. Namaste hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Namaste Content and any third party Content located on or available through our Web site (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing our Web site. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Web site.
11. Other Sites
13. Copyright Policy
The Content on the Web site including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Namaste, subject to copyright and other intellectual property rights under the law.
Namaste has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Web site. Namaste reserves the right in its sole discretion to immediately suspend and/or terminate access to the Web site by any user who is alleged to have infringed on the intellectual property rights of Namaste or of a third party, or otherwise violated any intellectual property laws or regulations. Namaste's policy is to investigate any allegations of copyright infringement brought to its attention
14. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any part of our Web site. You may terminate your account at any time, for any reason, by following the instructions on the Web site. Namaste reserves the right to terminate your membership or your access to our Web site immediately, with or without notice to you, and without liability to you, if Namaste believes that you have breached any of the terms of this Agreement, furnished Namaste with false or misleading information, or interfered with use of the Web site by others.
a. No Sharing
Members of the YogaVibes Web site may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Namaste as fraudulent use of the Web site, which will result in the immediate cancellation of membership without refund of classes purchased. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
b. Fraudulent Use
Namaste reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at our own discretion.
16. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NAMASTE VENTURES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. NAMASTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. NAMASTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NAMASTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. Limitation on Liability
IN NO EVENT SHALL NAMASTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NAMASTE SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
18. Exclusions and Limitations
Those who access or use the Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Namaste, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and costs) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Web site.
20. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Web site, to obtain certain premium Content through our Web site, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online store located on our Web site. These additional terms will be posted on the relevant portions of our Web site or on the portions of our Web site that describe the specific promotions, Content, or activities. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online store, or otherwise engage in activities governed by such additional terms.
21. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Web site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Web site.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Namaste without restriction.
22. Integration Clause
23. Waiver and Severability of Terms
The failure of Namaste to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
24. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
25. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.