Terms & Conditions
Welcome to the Yogin’ it website!
The website [yoginit.com] (the “Website”) is owned by Yogin’ it LLC. (“Yogin’ it”). These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Yogin’ it, the mobile or tablet versions thereof, any Yogin’ it software and any applications created by Yogin’ it whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the "Service"). Please note that the availability of any Yogin’ it applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Yogin’ it and such social networking site, mobile or tablet device, or internet television or other technology platform.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms
The Terms and Conditions of Use (hereinafter referred to as the "Agreement") sets forth legally binding terms for your access and use of the Website. You agree to be bound by this Agreement, whether you simply browse one or more of our Websites or you have registered on one of our Websites as a user), through your access or use of the Website. If you disagree with these terms and conditions or any part of this Agreement, you must not use the Website. Yogin' it reserves the right to modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Yogin’ it, if any, are superseded and of no force or effect. By using the Website, you agree that you are 18 years old or older.
You may need to create an account to access some features or areas of the Website. When creating your account, you must provide accurate and complete information. In consideration of your use of the Service, 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. If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, 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 Website and (b) maintain and promptly update your account to keep it true, accurate, current and complete. Providing inaccurate or incomplete registration data shall be grounds for suspension or termination of an account, and Yogin’ it hereby reserves the right to suspend or terminate an account for use of or suspected use of inaccurate or incomplete registration data. Use of the Service and membership on our Website is void where prohibited.
The Content provided in this Website is provided on an “AS IS” basis and may be downloaded and/or reprinted for personal and non-commercial use only. Permission to reprint or electronically reproduce any Content, in whole or in part, for any other reason is expressly prohibited, unless prior written consent is obtained from Yogin’ it. Any unauthorized use of the Content appearing on this Website, including but not limited to, the publication, reproduction, display, creation of derivative works, or performance of the Content, may violate copyright, trademark or other applicable laws and could result in civil or criminal penalties.
3. Health Disclaimer
Yoga involves risk of personal injury, including a small risk of death or serious injury, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by or through Yogin’ it. Not all yoga poses are suitable for all persons. Accordingly, you agree to take responsibility for your health and well-being and consult appropriate health professionals on any matter relating to their health and well-being. before beginning any yoga exercise, regimen, routine, and/or program and use any suggested equipment, shown in any of the video clips on the Website (or under our name at any other social networks websites), or at any written or visual recommendations, both on our Website and other social network websites (including but not limited to Youtube, Facebook, Twitter, Google +), or at any physical event. All material on this website is provided for your information only and may not be construed as medical advice or instruction. No action or inaction should be taken based solely on the contents of this information.
By using our site you represent that you understand that the practice of yoga involves strenuous physical movement and physical and mental exercise, and that such practice carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for practicing yoga. It is your responsibility to ensure that by participating in classes and activities from Yogin’ it, you will not exceed your limits in the practice of yoga, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Yogin’ it, or any person or entity involved with Yogin’ it, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Except where expressly indicated, Yogin’ it content is not intended for persons under eighteen years of age. For content specifically made for children under eighteen years of age, a parent or legal guardian must supervise and the parent or legal guardian assumes all risk of injury whether physical or mental. Yogin’ it will not be liable for any injury, whether physical or mental, of any user.
5. Account Security
If you register on one of our Websites, 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 solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify Yogin’ it immediately if you suspect any unauthorized use of your account. Although Yogin’ it will not be liable for any unauthorized use of your account, you may be liable for the losses of Yogin’ it or others due to such unauthorized use.
6. Guidelines and Prohibited Conduct
You agree not to submit, upload or post any user submission to this site which:
(1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening;
(2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability;
(3) falsifies or deletes author attributions, legal notices or other proprietary designations;
(4) violates any law or regulation;
(5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation;
(6) contains viruses, corrupted files, or other materials that may cause damage to another's computer,
(7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation,
(8) is false, deceptive, or misleading;
(9) impersonates any person or entity including, but not limited to, a Yogin’ it employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or
(10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
7. Responsibility for Content
You, and not Yogin’ it, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. Yogin’ it does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Yogin’ it be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that Yogin’ it may or may not pre-screen Content posted on our Website, that Yogin’ it is not responsible for behavior or comments of teachers and/or students and/or music presented in Website video Content, but that Yogin’ it shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Yogin’ it shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Yogin' it, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Yogin’ it immediately.
You acknowledge, consent and agree that Yogin’ it 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 claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Yogin’ it, its Members and the public.
10. Security Components
You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yogin’ it and/or content providers who provide content to Yogin’ it. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
11. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Content") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Yogin’ it or by 3rd parties that have licensed or otherwise provided their material to Yogin’ it. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Yogin’ it’s prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
12. Third-party Copyright
Yogin’ it neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Yogin’ it.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Yogin’ it. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "Posting") any Content on or through our Website or the Service, you hereby grant to Yogin’ it a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicenses) 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 Website, 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 from the Service, 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 Yogin’ it 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 Yogin’ it’s servers after the Content appears to have been removed from our Website, and Yogin’ it 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 Website or the Service, 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 Website or Service 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.
15. Yogin’ it and Third Parties Yogin' it's Website and social media platforms owned by Yogin' it (including, but not limited to, our Youtube channel, our Facebook page and our Twitter page) contain Content of Yogin’ it, and Content of third party licensors to Yogin’ it (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Yogin’ it owns and retains all rights, title and interest in the Yogin’ it Content. Yogin’ it hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Yogin’ it Content and any third party Content located on or available through our Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
16. Other Sites
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the USA or the country in which you reside.
19. Copyright Policy
The Content on the Website 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 Yogin’ it, subject to copyright and other intellectual property rights under the law.
Yogin’ it has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Yogin’ it reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Yogin’ it or of a third party, or otherwise violated any intellectual property laws or regulations. Yogin’ it policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Yogin’ it to delete, edit, or disable the material in question, you must provide Yogin’ it with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yogin’ it to locate the material; (d) information reasonably sufficient to permit Yogin’ it to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Yogin’ it by e-mail.
20. Member Disputes
You are solely responsible for your interactions with other Members. Yogin' it reserves the right, but has no obligation, to monitor or litigate disputes between you and other Members.
21. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. Yogin’ it reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Yogin’ it believes that you have breached any of the terms of this Agreement, furnished Yogin’ it with false or misleading information, or interfered with use of the Website or the Service by others.
a. No Sharing. Members of Yogin’ it 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 Yogin’ it as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
b. Fraudulent Use. Yogin’ it reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at our own discretion.
c. Free Members. We require that you provide a valid credit or debit card or Paypal account details (“Payment Source”) at the time you choose to purchase the right to watch a video or a “gift” for someone else (see below, “Gift certificates”). You may provide Yogin’ it with your Payment Source information before you purchase the right to watch a video, but you will not be charged until you make a purchase.
d. Billing for Unlimited Members.
• One-month memberships are renewed and billed every 30 days from the date of registration.
• One-year memberships are renewed and billed every 365 days from the date of registration.
All Unlimited memberships are renewed and billed to the member's Payment Source automatically until cancelled. There are no minimum obligations for Unlimited Membership and members may downgrade to Free Membership at anytime by following the instructions to cancel their Unlimited Membership. In the event of nonpayment of Unlimited Membership renewal fees by act or omission of the Member at the time of renewal, the Unlimited Membership will be considered cancelled, and the account will be automatically downgraded to a Free Membership. Downgraded members may upgrade their membership at any time.
e. Downgrading from Unlimited Membership to Free Membership
Unlimited Membership must be cancelled/downgraded to Free Membership prior to the renewal date in order to end membership charges. If membership is terminated due to a violation of this Agreement, Yogin’ it will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly (or yearly, as applicable) renewal date. Members may cancel their membership at any time.
f. Upgrading from Free Membership to Unlimited Membership
Any Free Membership package can be upgraded to Unlimited Membership prepaid packages offered in the member's "My Account - My Membership Status” options or with special membership package codes. With any upgrade/extension to Unlimited Membership, the payment will be initiated at the time of the upgrade/extension and the new membership time credit will be automatically applied to the existing Unlimited Membership renewal.
If the Free Member has practice credit in their account (available to redeem for video streaming), this credit will automatically be lost when upgrading to Unlimited Membership and will never be recovered nor reimbursed.
g. Special prepaid Unlimited Membership packages with promotional price
At times, special prepaid membership packages with a promotional price will be available for purchase, with a promotional coupon code. The special promotional price will be only applicable for the first payment. Special prepaid memberships will renew automatically on the expiry date with standard rates. Membership must be cancelled prior to the renewal date in order to end membership charges.
h. “Gift certificates” for Unlimited Membership packages
When a user receives a “gift certificate” for an Unlimited Membership package, they may choose to accept it or not. If accepted, their Free Membership will be upgraded to Unlimited Membership only for the applicable time (30 days for Unlimited Monthly package or 365 days for Unlimited Yearly package, according to the specific “gift certificate”) and will not be renewed automatically. If user decides to extend/renew the Unlimited Membership package, they will have to upgrade after expiry date of this package.
• Free Membership. The price for streaming each video is as stated at the time of purchase. If you wish to purchase a video stream, you will be asked to pay the Price applicable to the time of payment. Yogin’ it may change the Price of videos without prior notice. The price is for streaming the video unlimited times for 1 week, from the moment of the purchase. The user has one week to fully watch the video: it will expire one week after the user finishes the purchase.
• Unlimited Membership subscription. You will initially be charged at the rate applicable at the time of your agreement to subscribe. If Yogin’ it later increases the price of the subscription, Yogin’ it will notify you via email, using the email address that you provided at the time of registration (and that you can edit at any time through the section My account – My profile). The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
j. Account Cancellation
If you wish to cancel your Unlimited membership, you can do that by going to “My Account” and then “My Membership Status.” Then, you click on the “Free Membership” box and press Save. Upon cancellation of your account, all data of your Unlimited Membership, including your previous classes, scheduled classes, goals, programs, practice track, favorites, and recommendations for you will be lost.
23. Gift certificates
Gift Certificates are intended for the exclusive use of the Website and cannot be redeemed for cash value.
A user can offer 3 kinds of gift certificates.
• Streaming for a specific video. Expires either 12 months after the purchase is finished or 1 week after receiver redeems the Gift coupon. Once receiver redeems the coupon, they can stream the video unlimited times for 1 week.
• Practice credits. Do not expire.
• Prepaid Unlimited Membership package. Expires after 12 months of gift purchase.
Gift certificates can only be offered to Non members or Free Members. Unlimited Members can not receive gift Certificates.
24. Practice Credit
Practice credit cannot be redeemed for cash value and will be lost forever if Free Member upgrades to Unlimited Membership.
Practice credit does not expire as long as Free Membership user does not upgrade to Unlimited Membership.
24. Expiry dates
Purchased videos (either by user or received as a gift certificate) will expire 1 week after the purchase or 1 week after Gift coupon is redeemed.
Gift certificates will expire 12 months following the email delivery date unless otherwise stated on the gift certificate or by other notification.
Practice credit will not expire.
All prices are charged in USD or Euro currency. Depending upon your credit card's currency and the country in which your card account was issued, your credit card provider may impose foreign exchange fees, additional international currency fees and/or other fees in accordance with your arrangements with that credit card provider. The same statement applies to Paypal users.
Video and audio material accessed on the site is best experienced with broadband internet access. Please review the following requirements in order to experience the Yogin’ it Studio:
• A broadband connection (DSL, Cable, or Satellite). You will need at least an Ultra Lite connection.
o Lite connection and dial-up will not support our videos at this time.
o Please contact your internet service provider if you are unsure of your connection.
o You will need at least an internet speed of 550kbps to view the videos to avoid video and sound break ups. Check your download streaming speed here: http://www.bandwidthplace.com/
o For iPad and iPhone streaming you will need a reliable high-speed wifi connection to guarantee quality streaming video.
• Windows 7, Vista, XP, 98, 2000, or Mac OS X version 10.1.5 or later.
• Internet Explorer, Firefox, Safari, Google Chrome, or Netscape.
• Flash Player 10,0,115,0 or newer
26. Refund policy
26. No Warranty
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOGIN’ IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY TEACHERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOGIN’ IT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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 WEBSITE OR ITS CONTENT POSTED IN OTHER PLATFORMS SUCH AS, BUT NOT LIMITED TO, YOUTUBE, FACEBOOK AND TWITTER, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE.
YOGIN’ IT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOGIN’ IT 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.
27. No liability
IN NO EVENT SHALL YOGIN’ IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY TEACHERS 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE, 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.
YOGIN’ IT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MYO MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOGIN’ IT 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.
28. Exclusions and Limitations
Those who access or use the Website 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 Yogin’ it, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, third-party teachers 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 Website; (ii) your violation of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
30. 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 Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online stores located on our various Websites. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website 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 stores, or otherwise engage in activities governed by such additional terms.
31. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (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 the Service or our Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yogin’ it without restriction.
33. Integration Clause
34. Waiver and Severability of Terms
The failure of Yogin’ it 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.
35. 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 Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
36. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Yogin’ it that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Yogin’ it Website shall be deemed a passive website that does not give rise to personal jurisdiction over Yogin’ it, either specific or general, in jurisdictions other than California.
37. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.
Yogin’ it reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.