This Terms and Conditions Agreement (the “Agreement”) is between you and StreamYoga.com. StreamYoga.com is comprised of various websites, associated widgets, mobile applications and other distribution platforms (the “Sites”) operated by StreamYoga.com.
Acceptance of Terms
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes your agreement to all suchterms, conditions, and notices.
The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance. Please contact us for more information.
Use of the Service
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity..
Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.
If you have any health related questions we suggest you consult with a physician or health and fitness expert before attempting any of the exercises that are illustrated in StreamYoga.com videos.
You expressly agree to release and discharge the instructor and StreamYoga.com and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
StreamYoga.com reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.
The Sites are not directed at children under eighteen years of age, and by providing information about yourself to StreamYoga.com you are representing that you are eighteen years of age or older and 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 Sites and (b) maintain and promptly update your information 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, StreamYoga.com reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
No Sharing of Account Information
You agree that you will not share your username and password with others. Excessive usage of the Sites will be assumed by StreamYoga.com to be fraudulent use and your account will be immediately cancelled without a refund.
You can cancel your subscription at anytime and you will not be charged again. StreamYoga.com does not refund any paid and unused subscription.
You may cancel your membership at any time, for any reason, by following the instructions on the on your “My Account” page. You may cancel your subscription at any time online by logging into to your account and on the “My Account” page and click the “Cancel” button under my subscriptions. Your account will stay active for the remaining time paid for by your latest payment. Example: If your last payment was on the 15th of the month and you cancel your account on the following 20th, your account will continue to be active until the 15th of the upcoming month. If you cancel a membership, you will enjoy member benefits until the end of your then-current commitment, following which your membership benefits will expire. However, in no event will you be eligible for a refund of any portion of the membership fees paid for the then-current membership commitment.
The Company may terminate or suspend your membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused membership fees and, if applicable, all unpaid membership amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Links To Third Party Websites
The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of StreamYoga.com and StreamYoga.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. StreamYoga.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StreamYoga.com of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Sites, you warrant to StreamYoga.com that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites.
Trademarks, Names and Logos
All trademarks, names and logos used on the Sites or delivered via the Services are either owned by StreamYoga.com use right has been granted to StreamYoga.com. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services.
Without the prior permission of StreamYoga.com, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names and logo featured on the Sites for which you do not have personal rights.
Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Termination and Access Restriction
StreamYoga.com reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the Laws of the State of California, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Marin County, California, U.S.A. in all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, County of Marin before one arbitrator with no less than 10 years of active litigation practice. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California in the County of Marin.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and StreamYoga.com with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and StreamYoga.com with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of StreamYoga.com and its affiliates, successors or assigns.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STREAMYOGA.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. STREAMYOGA.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
STREAMYOGA.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF STREAMYOGA.COM FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.