FOR USERS OF THE BHAKTISHOP, LLC’S WEBSITE
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT BY CHECKING ON THE “I AGREE” BOX, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT IS PRESENTED TO YOU AS OF THE DATE OF SUCH ASSENT (THE “EFFECTIVE DATE”). NO CHANGES (ADDITIONS OR DELETIONS) TO THIS AGREEMENT WILL BE ACCEPTED BY TBYC. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THIS SITE. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
By visiting this Site, You agree to the following:
1. Definitions. In addition to all other defined terms in this Agreement, the following terms have the following meaning: (i) “TBYC Server” means the computer software or hardware that serves and hosts the Site to users across the Internet; and (ii) “User(s)” means You and any other end users gaining access to the Site through You.
2. Access; Conditions to Use of the Site.
2.1 Subject to all of the terms and conditions of this Agreement, TBYC hereby grants to User a non-exclusive, revocable, and limited right to access and use the Site in strict compliance with this Agreement (“Access Right”). TBYC reserves the right to suspend or revoke this Access Right at our discretion without notice. Notwithstanding the foregoing Access Right, TBYC also has the right to change, suspend, or discontinue any (or all) aspects or features of the Site at any time, and from time to time, including the availability of any content or features on the Site. This Access Right granted to User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
2.3 As a condition of User’s use of the Site, User covenants to TBYC that User will not use the Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. User may not use the Site in any manner that could damage, disable, overburden, or impair the Site and any TBYC Servers, or interfere with any other party’s use and enjoyment of the Site. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
2.4 Notwithstanding any assistance that TBYC may provide, the User assumes sole responsible for the uploading and updating of any of the User’s Content (if any) as may be available through the Site.
2.5 Without limiting the generality of the foregoing, User agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through the Site any data, information, messages, text, works, material or any other content, including, without limitation, any personal identifiable information related to the User (collectively, “Content”) that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law; (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; and (f) User will not use the Site for purposes not authorized by TBYC.
2.6 Without limiting the generality of the foregoing, User agrees to all of the following provisions: (a) User is prohibited from violating or attempting to violate the security of the Site or the TBYC Server, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violation of any system or network security (including, but not limited to, that of the Site or the TBYC Server) may result in civil or criminal liability; and (c) TBYC has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. TBYC also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Site. By User’s use of the Site, User authorizes TBYC to take such action.
2.7 In the event the Site, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the Site, User hereby represents and warrants to TBYC that User has the lawful right to distribute and reproduce such Content. Also, User is solely responsible for its conduct (and the conduct of its users) while using the Site, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Site. TBYC takes no responsibility for any such online distribution or publication by User or by any other party. TBYC cannot and will not review every message or other Content that User or any other party may generate or post, and TBYC is not responsible for the Content thereof.
2.8 In addition to any other right to terminate this Agreement, TBYC hereby has the absolute right to immediately terminate, without warning, any account which it believes, in its sole discretion, breaches any of the provisions of this Section 2.
3. Copyrights and Other Intellectual Property Rights; Reservation of Rights.
3.1 TBYC’s policy is to respect the copyright and intellectual property rights of others. TBYC has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights) of any Users who (in TBYC’s determination) appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove any Content from the Site that, in TBYC’s determination, may infringe the copyright or other intellectual property rights of any third party.
3.2 This Agreement shall not be interpreted to transfer any rights in any intellectual property from TBYC to any Users. TBYC or its licensors shall solely own all inventions, patents, trademarks/service marks, logos, images, graphics, content, reports, analysis, data, formulae, processes, techniques, software, website designs, all other copyrights, and all other intellectual property provided in, or made available by using, or otherwise contained in, the TBYC Site and otherwise provided in furtherance of this Agreement (collectively, “TBYC IP Assets”).
3.3 TBYC IP Assets may not be used by User without the prior written permission from TBYC, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to TBYC. In addition to any other conditions on User’s Access Right as set forth in this Agreement, User’s Access Right is subject to the following additional conditions: (i) User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the TBYC IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other TBYC IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of TBYC (which TBYC may or may not grant in its sole discretion); (iii) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of TBYC or any other party placed on or embedded in the TBYC IP ASSETS and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the TBYC IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
3.4 User agrees to keep strictly confidential all TBYC IP Assets that have not been made publically available by TBYC. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
4.1 User agrees that: (i) if the User has any Content or any login or password associated with this Site, then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the User has any login or password associated with this Site, then User (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User, and (b) User will immediately notify TBYC of any unauthorized use of the User’s login and password.
5. Indemnity. User will indemnify and hold TBYC, its parents, subsidiaries, affiliates, officers, and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the User’s access to the Site, use of the Site, the violation or other breach of this Agreement by the User, or the infringement by the User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
6. Site Resources. The Site may provide a wide variety of information, data, facts, and features (collectively, “SITE Resources”) for the User’s benefit. While TBYC endeavors to provide the most current and accurate Site Resources as possible, the User acknowledges and agrees (i) the Site Resources may be general in nature, and may not apply to particular factual circumstances; and (ii) the Site Resources may contain errors and should not be relied upon or act as a substitution for independent investigation by the User. ALL SITE RESOURCES ARE PROVIDED “AS IS” AND SITE RESOURCES AVAILABLE THROUGH THIS SITE MAY BE SUPERSEDED AND/OR MAY INCLUDE INACCURACIES. ALSO, WHERE A DOCUMENT CONTAINED AS A SITE RESOURCE IS OBTAINED FROM ANOTHER SOURCE, THEN THE OTHER SOURCE (AND ITS WEBSITE) TAKES PRECEDENCE. TBYC MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE, SITE RESOURCES AND ITS TBYC SERVERS AT ANY TIME.
7. Links to Third Party Sites.As a convenience to User, the Site may now, or in the future, provide links to other Internet websites that are not owned by TBYC, and are not under our control (“Third Party Websites”). TBYC does not control the Third Party Websites and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked website, or any changes or updates to a linked website. Any reference from the TBYC Site to any entity, product, service or information does not constitute an endorsement or recommendation by TBYC. No Third Party Website is authorized to make any representations or warranties on our behalf. Your visit to any Third Party Websites are subject to the terms and conditions of such Third Party Websites, and not this Site’s Agreement. User should refer to each Third Party Website’s specific terms.
8. Disclaimer of Warranties; Disclaimer of Liability.
8.1 TBYC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES CONTAINED IN THIS SITE. ALL SITE RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TBYC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TBYC FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TBYC DOES NOT WARRANT THAT THE SITE AND THE SITE RESOURCES ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE TBYC SERVER MAKING THIS SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 TBYC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, OR SITE RESOURCES MADE AVAILABLE THROUGH THIS SITE, OR ANY THIRD PARTY WEBSITES, EVEN IF TBYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
10. Termination. In the event User, or anyone other using User’s privileges, violate the terms of this Agreement (as determined in TBYC’s discretion), TBYC reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights (as such term is defined in Section 2.1 above). In addition to any other right of TBYC to terminate this Agreement, TBYC further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. TBYC is not required to provide mail or web page forwarding at termination.
11 Miscellaneous Provisions.
11.1 Governing Law. This Agreement shall be construed and controlled by the laws of the State of Oregon. The laws of the State of Oregon will govern any dispute arising from the terms of this Agreement or a breach of this Agreement. User agrees to personal jurisdiction by the state and federal courts sitting in the State of Oregon in Multnomah County.
11.2 Notices. Except as otherwise expressly provided in this Agreement, any communications between the parties, or notices to be given hereunder, will be given in writing by personal delivery, express courier, facsimile, or United States Postal Service, postage prepaid, or by email to User at any address (or facsimile or email) it has provided to TBYC, or to TBYC at the official address (or official facsimile or official email address) given for TBYC’s corporate headquarters, or to such other addresses or numbers as TBYC may hereafter indicate pursuant to this Section. Unless otherwise provided in this Agreement, any communication or notice so addressed and mailed will be deemed to be given five (5) days after mailing; provided, however, any communication or notice delivered:(i) by facsimile will be deemed to be given when the transmitting machine generates a receipt of a successful transmission of the notice; or (ii) by email will be deemed to be given when the email has been generated and sent by the sender. Unless otherwise provided in this Agreement, any communication or notice given by personal delivery will be deemed to be given immediately upon such delivery, provided such delivery is made to the person indicated below.
11.3 Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of TBYC’s Site, and therefore User agrees that TBYC shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
11.4 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
11.5 Binding Effect; No Assignment by User; Permissible Assignment by TBYC. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part. Any purported assignment in violation of this Section shall be void. TBYC shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
11.6 Entire Agreement; Waiver. This Agreement, including any attachments and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of TBYC, its agents, or employees, but only by an instrument in writing signed by an authorized employee of TBYC. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remainder of the Agreement shall continue in effect.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, chairs, straps or any other equipment that may be suggested by a TBYC instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. TBYC is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing TBYC videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from TBYC, you will not exceed your limits while performing such activity, 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 TBYC, or any person or entity involved with TBYC, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
TBYC’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to TBYC you are representing that you are eighteen (18) years of age or older.
Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
TBYC reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if TBYC believes that you have breached any of the terms of this Agreement, furnished TBYC with false or misleading information, or interfered with use of the Website or the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
- No Sharing. Members of TBYC 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 TBYC 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.
- Fraudulent Use. TBYC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, TBYC will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
- Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If TBYC later increases the price of the subscription, TBYC will notify you. 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.
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 the 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 the Website.
If You have questions about this Agreement, please write to us at firstname.lastname@example.org