ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE APP KNOWN AS “ONLINE YOGA TEACHING” OR THE SITE AT www.onlineyogateaching.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE APP OR THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT (“Agreement”).
1. OnlineYogaTeaching. The App and the Site, together with all content, data and other materials contained therein (“Content”), are owned or controlled by Yoga Stuff LLC, a company incorporated in Hawaii and trading from Sprecks, Paia, Hawaii 96779 USA. Yoga Stuff LLC is referred to in these terms and conditions as “we”, “us”, “our” or “OnlineYogaTeaching”.
2. Use of the App and the Site. The App and the Site are each intended only for the purposes specified and your use of the App, the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavor to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. To the fullest extent permitted by applicable law, all Content is provided without any representations or warranties of any kind (either implied or express). Specifically, OnlineYogaTeaching does not represent or warrant that the App, the Site or the Content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements.
3. Registration. If you wish to register with us for access to the App, the Site and/or the Content, you must agree to the terms of the Registered User Agreement.
4. Featured Links. The App and the Site may display and/or refer to links to other websites from time to time. OnlineYogaTeaching: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
5. Linking to the Site. Any other website may link to the Site, provided it does not imply any endorsement of its products or services by OnlineYogaTeaching, does not misrepresent its relationship with or present false information about OnlineYogaTeaching, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, OnlineYogaTeaching reserves the right to withdraw such permission at any time and to take any other appropriate action.
6. Ownership of Content. OnlineYogaTeaching, unless otherwise stated, owns or controls all relevant rights in the App, the Site and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the App, the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law.
7. No Endorsement. OnlineYogaTeaching does not pre-screen or monitor and therefore does not endorse (and we expressly disclaim any and all liability in connection with) OnlineYogaTeaching and/or any other materials or content provided by you or other users.
8. Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the App, the Site and/or the Content in any manner. If you in any way Interfere with any of these, you agree to pay all damages incurred by OnlineYogaTeaching. We will cooperate with the authorities in prosecuting anyone who Interferes with the App, the Site and/or the Content or otherwise attempts to defraud OnlineYogaTeaching or any other parties through use of the App or the Site or the Content or the services provided therein. OnlineYogaTeaching reserves the right to deny any or all access or service to any user for any reason, at any time, at our sole discretion. User agrees that we may block User’s access at any time, and at our sole discretion to disallow User’s continued use of the App, the Site or the Content without notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
9. Complaints. If you would like to notify us of any content which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via [email protected] (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).
10. Trade Marks. The brands, products and service names used in the Site and/or the Content (including without limitation, ” YogaStuff” and “OnlineYogaTeaching”) are trademarks or trade names of OnlineYogaTeaching or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the consent of OnlineYogaTeaching as set out on the App and/or the Site.
11. Disclaimer. However, when online, it is up to the individual to assess whether they are ready for the class that they have chosen. Obviously, if you suffer from specific injuries or disease it is best to consult with your physician first. Similarly if you are pregnant, follow the recommended practice only. The practice of yoga requires you – as your own practitioner and coach – to gauge the safety of your practice within your personal physical limitations. It is better to build up slowly than to force and strain. Whilst one may feel exertion one should also feel relaxed. The techniques and suggestions presented by the App and/or the Site are not intended as a substitute for proper medical advice. Consult your physician before beginning any new exercise program. Please note that we assume no responsibility for pain or injuries suffered while practicing techniques demonstrated or suggested via the App and/or the Site.
12. Limitation of Liability. User agrees that the liability of OnlineYogaTeaching to User under this Agreement shall be limited to direct damages of up to the amount User has actually paid to OnlineYogaTeaching for its services (or, if greater, $100). Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of OnlineYogaTeaching.
13. Indemnity. User agrees to indemnify OnlineYogaTeaching for any loss or damage that may be incurred by OnlineYogaTeaching, including without limitation any legal fees, arising from User’s use of the Site, the Content, or User’s use of any information obtained therefrom.
14. Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
15. Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site (or otherwise made available to you). User’s continued use of the Site, the Content or services provided by OnlineYogaTeaching, constitutes agreement with and acceptance of any such amendment or other changes.
16. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.