Yen Yoga & Fitness Website Use, Terms, and Conditions
All contents contained in or accessed through Yen Yoga & Fitness websites and/or online services are provided on an “as is” and “as available” basis and you agree that you use them at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose and non-infringement, to the fullest extent allowed by law.
Without prejudice to the foregoing, we make no warranty as to the accuracy, reliability or quality of any content obtained through Yen Yoga & Fitness websites and/or online services or any defects therein will be corrected and that such content and access to them are error free and uninterrupted or available at all times.
You agree that:
(i) All content transmitted or made available via Yen Yoga & Fitness websites and/or online services, are the sole responsibility of the person from which such content originated;
(ii) Yen Yoga & Fitness and its affiliates will not be liable in any way for any third party content, products or services which you may access, use or acquire via Yen Yoga & Fitness websites and/or online services;
(iii) You are solely responsible for all content that you transmit or make available via Yen Yoga & Fitness websites, online services or on any website;
(iv) Yen Yoga & Fitness and its affiliates do not control any third party content, products or services which you may access, use or acquire through Yen Yoga & Fitness websites and/or online services. Further, Yen Yoga & Fitness and its affiliates do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such content, products or services;
(v) By using Yen Yoga & Fitness websites and/or online services, you may be exposed to third party content that may be defamatory, offensive, indecent, objectionable or illegal;
(vi) Yen Yoga & Fitness may, at its discretion, remove or modify any content (which you transmit or make available via Yen Yoga & Fitness websites and/or online services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you;
(vii) Yen Yoga & Fitness may, at its discretion, deny access to or remove any third party content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you; and
(viii) Without prejudice to paragraph (vii) above, Yen Yoga & Fitness may, at its discretion, remove, modify, suspend or terminate any third party content, products or services which you may access, use or acquire via Yen Yoga & Fitness websites and/or online services, without notice to you, and Yen Yoga & Fitness and its affiliates will not be liable to you or any third party under any of paragraphs (i) to (viii) above.
Yen Yoga & Fitness websites may also include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. Yen Yoga & Fitness and its affiliates cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. The hyperlinks found in Yen Yoga & Fitness websites shall not be construed as an endorsement or verification of such third party websites or the contents found therein by Yen Yoga & Fitness and its affiliates. You agree that your access to and/or use of such third party websites is at your sole risk and subject to these terms and conditions of access and/or use of such third party websites.
UNDER NO CIRCUMSTANCES WILL Yen Yoga & Fitness OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF OPPORTUNITY) ARISING FROM YOUR ACCESS AND/OR USE OF ANY OF Yen Yoga & Fitness WEBSITE(S) OR ONLINE SERVICES, EVEN IF Yen Yoga & Fitness OR ANY OF ITS AFFILIATES HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
Terms and Use:
Content on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, long form programs, user interfaces, logos and trademarks, along with the overall “look and feel” of the Site (collectively referred to as the “content”), are owned or licensed by Yen Yoga & Fitness and are protected under various intellectual property laws.
Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the content, in whole or part, without the express written permission of Yen Yoga & Fitness, is prohibited. However, if you have an Account (described below) with Yen Yoga & Fitness, you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital class videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on:
(i) this Site;
(ii) any of the Content; or
(iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded.
Your use hereunder does not grant you any ownership rights to such content and Yen Yoga & Fitness and its licensors reserve all rights to such content. You may not reverse engineer, decompile, disassemble, or modify any content, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the content contained hereon without the express written permission of Yen Yoga & Fitness. Any unauthorized use of this Site and/or the Content may subject you to criminal prosecution and/or civil liability under applicable law.
B. User Submitted Content
On certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Yen Yoga & Fitness has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions. With respect to all User Content that you post, you represent and warrant that:
(i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and you hereby do grant, Yen Yoga & Fitness and all users of this Site a world-wide, nonexclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content in connection with the use and promotion of the Site;
(ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions;
(iii) no money will be owing to any party as a result of the posting of the User Content or its use in connection with this Site and/or the promotion thereof;
(iv) you will be responsible for all User Content submitted through your email address, and for all purposes under these Terms and Conditions, all submissions from your email address shall be deemed to have been submitted by you.
Yen Yoga & Fitness has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under these Terms and Conditions and at law or in equity, Yen Yoga & reserves the right in its sole and absolute discretion, to:
(i) remove without notice, or refuse to post in the first instance, any User Content; and/or
(ii) revoke any user’s right to use this Site.
Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of Yoga Today, to the following rules and standards. It must:
(i) conform to all applicable laws,
(ii) be appropriate in the context of the general purposes of the Site;
(iii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind;
(iv) not provide personal information related to the user submitting such User Content, or solicit such information from any other user of the Site;
(v) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;”
(vi) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code;
(vii) not contain any material or images owned by any other person or entity unless the user submitting such User Content has obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and
(viii) be only for non-commercial purposes.
We do not sell your personal information to anyone.
We treat information about current and former clients and their accounts on the website in a confidential manner. Our employees may access information and provide it to third parties only when completing a transaction at your request or providing our other services to you. At your request, we may disclose information to attorneys, accountants, lawyers, securities professionals and others to assist us, or them, in providing services to you. We may also share information with companies that perform services on our behalf, such as the companies that we hire to perform marketing or administrative services. Companies we may hire to provide support services are not allowed to use your personal information for their own purposes. We may make additional disclosures as permitted by law. We also maintain physical, electronic, and procedural safeguards to protect information. Employees and our professional service representatives are required to comply with our established information confidentiality provisions.
While Yen Yoga & Fitness takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.
IN NO EVENT SHALL YEN YOGA & FITNESS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER YEN YOGA & FITNESS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.