|
TERMS OF USE
Welcome to "InternetYogaClass.com"
(the "Site"). Thank you for visiting and have a great time! It
is important to us here at Internet Yoga Classes, LLC, that
you and our other visitors have an enjoyable experience while
using our Site, and that when you use this Site you are fully
aware of our respective legal rights and obligations. For that
reason, we have created these Terms of Use as the legally
binding terms to govern your use of this Site. Please read
these Terms of Use carefully before using the Site, because
they affect your legal rights and obligations.
Any rights not expressly
granted herein are reserved.
Your Acceptance of Terms
If you do not agree with any of
these Terms of Use, please do not use this Site because
by using this Site you will be deemed to have irrevocably
agreed to these terms.
Please note that these Terms of
Use may be revised and reissued without notice at any time by
updating this posting. You should visit this page regularly to
review the current Terms of Use, since your continued use of
the Site will be deemed as irrevocable acceptance of any
revisions. Any additional terms and conditions proposed by you
which are in addition to or which conflict with these terms
and conditions of service are expressly rejected by Internet
Yoga Classes, LLC and shall be of no force or effect.
Not Medical Care or Advice
Internet Yoga is not a substitute for medical care, and offers
no health warranties or guarantees of any kind. ALWAYS CONSULT
A PHYSICIAN BEFORE STARTING ANY
YOGA OR EXERCISE PROGRAM.
IYC 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 IYC MAY REMOVE THE SITE FOR INDEFINITE
PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT
NOTICE TO YOU.
Free Trial Terms
The one week free trial and extended free trial only applies
to customers signing
up for the monthly plan, which is billed monthly (on the same
day of the month).
Members canceling within the free trial period will not be
charged.
Membership Billing
Monthly memberships are billed monthly (on the same day of the
month) following the free trial period. All memberships are
renewed automatically until canceled. There is no minimum
obligation and members may cancel anytime. Membership must be
canceled prior to the renewal date in order to end membership
charges.
Twelve-month memberships are billed once per year. All
memberships are renewed automatically until canceled.
Membership Security
Members of Internet Yoga Class may not share, give or sell
their password or username to any other person or company.
Internet Yoga Class reserves the right to cancel any
membership it believes has been compromised, or is being used
fraudulently, at our own discretion.
Returns and Refund Policy (Memberships)
Viewing video and audio material on the site requires a
broadband connection. Please review the system
requirements to ensure that membership practices can be
accessed before purchase.
Banner Exchange Program
Any websites using our banner do so at their
own discretion and InternetYogaClass.com does not
guarantee any results from involvement with our Banner
Exchange Program. Any websites that include, but are not limited to;
pornography,
illegal activity, racism, or sex-related content are
prohibited from our Banner Exchange Program and are not
affiliated with InternetYogaClass.com in any way. InternetYogaClass.com is not responsible for the content on
the websites that use our banner.
How To Contact Us
This Site is controlled and operated by Internet Yoga Classes,
LLC, a Michigan limited liability company. Please forward any
complaints, questions or general correspondence to
info@internetyogaclass.com.
Your Registration
Although you utilize most of this
Site without registering, to access some of the resources this
Site has to offer, you may be asked to provide registration
details. It is a condition of use of this Site that all the
information you provide will be correct, current, and
complete. If we at Internet Yoga Classes, LLC believe the
information is not correct, current, or complete, we have the
right to refuse you access to the Site, or any of its
resources, and to terminate or suspend your account.
We will assume (and by using this
Site you warrant that) that either you have legal capacity to
enter into the agreement set out in these Terms of Use (i.e.,
that you are of sufficient age and mental capacity and are
otherwise entitled to be legally bound in contract), or your
parents have consented to your use of this Site and accept
these Terms of Use on your behalf.
Online Privacy Policy
Your privacy is important to us.
To better protect your privacy, we provide a privacy policy
explaining our online information practices and the choices
you can make about the way your information is collected and
used at this site.
Click here to show
this policy, which forms part of these Terms of Use.
Trademarks and Copyrights
This Site and all materials
incorporated by Internet Yoga Classes, LLC on this Site
("Material") are protected by copyrights, patents, trade
secrets or other proprietary rights (“Copyrights”) while the
characters, logos or other images incorporated by Internet
Yoga Classes, LLC are also protected as registered or
unregistered trademarks, trade names and/or service marks
owned by Internet Yoga Classes, LLC ("Trademarks"). Internet
Yoga Classes, LLC respects the intellectual property rights of
others and asks users of this Site to do the same. Please see
our
Disclaimer for
more information.
Your Use of Material
Your right to make use of this
Site and any Material or other content appearing on it is
subject to your compliance with these Terms of Use.
Modification or use of the Material or any other content on
this Site for any purpose not permitted by these Terms of Use
may be a violation of our Copyrights and/or Trademarks and is
prohibited.
You may access and display
Material and all other content displayed on this Site for
non-commercial, personal, entertainment use on a single
computer only. The Material and all other content on this Site
may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way
unless specifically authorized by Internet Yoga Classes, LLC.
Any authorization to copy Material granted by Internet Yoga
Classes, LLC in any part of this Site for any reason is
restricted to making a single copy for non-commercial,
personal, entertainment use on a single computer only, and is
subject to your keeping intact all copyright and other
proprietary notices. Using any Material on any other Web site
or networked computer environment is prohibited unless
specifically authorized by Internet Yoga Classes, LLC. Also,
decompiling, reverse engineering, disassembling, or otherwise
reducing the code used in any software on this Site into a
readable form in order to examine the construction of such
software and/or to copy or create other products based (in
whole or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR
OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN
INTERNETYOGACLASS.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
INTERNET YOGA CLASSES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. INTERNET YOGA CLASSES, LLC DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT INTERNET YOGA CLASSES, LLC' WEBSITE(S) OR THE SERVERS
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. INTERNET YOGA CLASSES, LLC DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT IN INTERNETYOGACLASS.COM OR ANY
SITES LINKED TO INTERNETYOGACLASS.COM IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. INTERNET
YOGA CLASSES, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER
CONTENT IN INTERNETYOGACLASS.COM WILL NOT INFRINGE THE RIGHTS
OF OTHERS AND INTERNET YOGA CLASSES, LLC ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF
INTERNETYOGACLASS.COM. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO
APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
INTERNET YOGA CLASSES, LLC DOES
NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, INTERNETYOGACLASS.COM OR THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT
ON INTERNETYOGACLASS.COM REGARDLESS OF THE BASIS UPON WHICH
LIABILITY IS CLAIMED AND EVEN IF INTERNET YOGA CLASSES, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU (AND NOT INTERNET YOGA CLASSES, LLC)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF
APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL
APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall Internet Yoga Classes' total liability to
you for all damages, losses, and causes of action exceed the
amount paid by you, if any, for accessing this website.
Indemnity
You agree to indemnify and hold
harmless Internet Yoga Classes, LLC and its officers,
directors, employees, agents, distributors and affiliates from
and against any and all claims, demands, liabilities, costs or
expenses, including reasonable attorney's fees, resulting from
your breach of any of the foregoing provisions,
representations or warranties, and/or from your placement or
transmission of any content onto Internet Yoga Classes, LLC'
servers, and/or from any and all use of your account. You
agree, further agree to indemnify and hold harmless Internet
Yoga Classes, LLC from any and all causes of action claims,
costs, damages, expenses, judgments, liabilities and losses,
including reasonable attorney fees and litigations cost, which
may be incurred in defending against any causes of action,
claims for personal injury, wrongful death, personal property
damages or third party claims, arising directly or indirectly
out of, or in connection with, the services provided to you by
this Site, including the delivery of online Yoga instruction.
Forums
THE MATERIALS, INFORMATION AND
OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON AVAILABLE GUEST
BOOKS, BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER
FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF
INTERNET YOGA CLASSES, LLC OR ITS AFFILIATED OR RELATED
ENTITIES OR CONTENT PROVIDERS. INTERNET YOGA CLASSES, LLC DOES
NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF
FORUMS IS NOT THE RESPONSIBILITY OF INTERNET YOGA CLASSES,
LLC. INTERNET YOGA CLASSES, LLC MAY REMOVE OR MODIFY ANY
CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE
DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND
WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON
LIABILITY SET OUT ABOVE.
Submissions, Postings and
E-mails
Internet Yoga Classes, LLC is
always interested in hearing from you. It is, however, our
policy that we will not accept or consider unsolicited
submissions of concepts, stories, or other potential content.
Therefore, please do not send Internet Yoga Classes, LLC any
unsolicited submissions.
Any material you send to us post
on our forum pages will not be treated as
confidential.
Please act responsibly when using
this Site. You may only use this Site and its contents for
lawful purposes and in accordance with applicable law and you
are prohibited from storing, distributing or transmitting any
unlawful material through this Site. You may not collect or
store personal information regarding other users. You
recognize that storing, distributing or transmitting unlawful
material could expose you to criminal and/or civil liability.
You agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the burden
of establishing that it is lawful. You understand and agree
that all materials publicly posted (other than by Internet
Yoga Classes, LLC) or privately transmitted on or through this
Site are the sole responsibility of the sender, not Internet
Yoga Classes, LLC, and that you are responsible for all
material you upload, post or otherwise transmit to or through
this Site.
We at Internet Yoga Classes, LLC
require that you do not post e-mails or submit to or publish
through Guest Books, Forums or otherwise make available on
this Site any content, or act in a way, which in our opinion:
-
libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
-
seeks to exploit or harm
children by exposing them to inappropriate content, asking
for personally identifiable details or otherwise;
-
infringes any intellectual
property or other right of any entity or person, including
violating anyone's copyrights or trademarks or their rights
of publicity;
-
violates any law or may be
considered to violate any law;
-
you do not have the right to
transmit under any contractual or other relationship (e.g.,
insider information, proprietary or confidential information
received in the context of an employment or a non-disclosure
agreement);
-
advocates or promotes illegal
activity;
-
impersonates or misrepresents
your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of
the content;
-
advertises any commercial
endeavor (e.g., offering for sale products or services) or
otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as
specifically authorized on this Site;
-
solicits funds, advertisers or
sponsors;
-
includes programs which
contain viruses, worms and/or 'Trojan horses' or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications;
-
disrupts the normal flow of
dialogue, causes a screen to scroll faster than other users
are able to type, or otherwise act in a way which affects
the ability of other people to engage in real time
activities via this Site;
-
copies any other pages or
images on this Site except with appropriate authority;
-
includes MP3 format files;
-
amounts to a 'pyramid' or
similar scheme;
-
amounts to 'data warehousing'
(i.e., using any web space made available to you as storage
for large files which are only linked from other sites). You
must provide a reasonable amount of content to accompany
such material in order that at least some of the traffic to
your site comes directly via this Site;
-
disobeys any policy or
regulations established from time to time regarding use of
this Site or any networks connected to this Site; or
-
contains links to other sites
that contain the kind of content, which falls within the
descriptions set out at (a) to (p) above.
In addition, you are prohibited
from removing any sponsorship banners or other material
inserted by Internet Yoga Classes, LLC anywhere on this Site
(e.g., on any web space made available for your use).
System Abuse
Without limitation, you agree not
to send, create or reply to so called "mailbombs" (i.e.,
emailing copies of a single message to many users, or sending
large or multiple files or messages to a single user with
malicious intent), engage in "spamming" (i.e., unsolicited
emailing for business or other purposes), or undertake any
other activity which may adversely effect the operation or
enjoyment of this Site by any other person.
You may not reproduce, sell,
resell or otherwise exploit any resource, or access to any
resource, contained on this Site.
Security
If and when applicable, any
passwords used for this Site are for individual use only. You
shall be responsible for the security of your password (if
any). Internet Yoga Classes, LLC shall be entitled to monitor
your password and, at its discretion, require you to change
it. If you use a password that Internet Yoga Classes, LLC
considers insecure, Internet Yoga Classes, LLC will be
entitled to require this to be changed and/or terminate your
account.
You are prohibited from using any
services or facilities provided in connection with this Site
to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs,
cracking tools or network probing tools) are strictly
prohibited. If you become involved in any violation of system
security, Internet Yoga Classes, LLC reserves the right to
release your details to system administrators at other sites
in order to assist them in resolving security incidents.
Investigations
Internet Yoga Classes, LLC
reserves the right to investigate suspected violations of
these Terms of Use, including without limitation any violation
arising from any submission, posting or e-mails you make or
send. Internet Yoga Classes, LLC may seek to gather
information from the user who is suspected of violating these
Terms of Use, and from any other user. Internet Yoga Classes,
LLC may suspend any users whose conduct or postings are under
investigation and may remove such material from its servers as
it deems appropriate and without notice. If Internet Yoga
Classes, LLC believes, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or
modify any submission, posting or e-mails, remove the material
permanently, cancel postings, warn users, suspend users and
passwords, terminate accounts or take other corrective action
it deems appropriate. Internet Yoga Classes, LLC will fully
cooperate with any law enforcement authorities or court order
requesting or directing Internet Yoga Classes, LLC to disclose
the identity of anyone posting any e-mails, or publishing or
otherwise making available any materials that are believed to
violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU
WAIVE AND HOLD HARMLESS INTERNET YOGA CLASSES, LLC FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY INTERNET YOGA
CLASSES, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER INTERNET YOGA CLASSES, LLC OR LAW
ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you
must obtain access to the World Wide Web and pay any service
fee associated with that access. You will need to provide all
equipment necessary to connect to the Site on the World Wide
Web (including a computer, modem and/or other access devices).
Internet Yoga Classes, LLC,
reserves the right to modify or discontinue, temporarily or
permanently, all or any part of this Site and/or any software,
facilities and services on this Site, with or without notice,
and/or to establish general guidelines and limitations on
their use.
Local Regulations
Internet Yoga Classes, LLC makes
no representation that Materials or other content in the Site
are appropriate or available for use outside the United
States, its territories, possessions and protectorates. If you
choose to access the Site from other locations you do so on
your own initiative and at your own risk. You are responsible
for complying with local laws, if and to the extent local laws
are applicable. You specifically agree to comply with all
applicable laws concerning the transmission of technical data
exported from the United States or the country you reside in.
Our Use of Content
Internet Yoga Classes, LLC will
consider anything you provide to Internet Yoga Classes, LLC
and/or contribute to this Site as available for our use free
of any obligations to you.
By posting or uploading any
content to this Site and/or providing any communication or
material to Internet Yoga Classes, LLC ("User Content"), you
automatically and irrevocably: (a) grant and assign to
Internet Yoga Classes, LLC any and all rights in the User
Content throughout the world including without limitation all
copyright, together with all consents (if any) necessary to
enable its reproduction, distribution, modification,
publishing and/or other exploitation by Internet Yoga Classes,
LLC and/or by any person authorized by Internet Yoga Classes,
LLC, by any means and in all media now known or hereafter
devised without payment or other reference to you or any other
person, and to advertise and promote such exploitation, for
the full period of all such rights (together with any
extensions and renewals) and insofar as possible in
perpetuity; (b) waive all moral rights in the User Content
which may be available to you in any part of the world and
confirm that no such rights have been asserted; (c) appoint
Internet Yoga Classes, LLC as your agent with full power to
enter into any document and/or do any act Internet Yoga
Classes, LLC may consider appropriate to confirm the grant and
assignment, consent and waiver set out above; (d) warrant that
you are the owner of the User Content and entitled to enter
into these Terms of Use; (e) confirm that no such User Content
will be subject to any obligation, of confidence or otherwise,
to you or any other person and that Internet Yoga Classes, LLC
shall not be liable for any use or disclosure of such User
Content.
Third Party Sites
This Site may link you to other
sites on the Internet. These sites may contain information or
material that some people may find inappropriate or offensive.
These other sites are not under the control of Internet Yoga
Classes, LLC, and you acknowledge that (whether or not such
sites are affiliated in any way with Internet Yoga Classes,
LLC) Internet Yoga Classes, LLC is not responsible for the
accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites. The inclusion of
such a link does not imply endorsement of any site by Internet
Yoga Classes, LLC or any association with its operators.
Internet Yoga Classes, LLC cannot
ensure that you will be satisfied with any products or
services that you purchase from any third party site that
links to or from InternetYogaClass.com since those other sites
are owned and operated by independent third parties. Internet
Yoga Classes, LLC does not endorse any of the merchandise, nor
has Internet Yoga Classes, LLC taken any steps to confirm the
accuracy or reliability of any of the information contained in
such third party sites. Internet Yoga Classes, LLC does not
make any representations or warranties as to the security of
any information (including, without limitation, credit card
and other personal information) you might be requested to give
any third party, and you irrevocably waive any claim against
us with respect to such sites. We strongly encourage you to
make whatever investigation you feel necessary or appropriate
before proceeding with any online transaction with any of
these third parties.
Jurisdictional Issues
The Materials and all other
content in this Site are presented solely for the purpose of
providing entertainment and information and promoting books,
programs, and other products available in the United States,
its territories, possessions, and protectorates. The Site is
controlled and operated by Internet Yoga Classes, LLC from its
offices within the State of Michigan, United States of
America.
These Terms of Use shall be
governed by, construed and enforced in accordance with the
laws of the State of Michigan, as they are applied to
agreements entered into and to be performed entirely within
Michigan. Any action you, any third party or Internet Yoga
Classes, LLC may bring to enforce these Terms of Use or, in
connection with any matters related to the Site shall be
brought only in either the State or Federal Courts located in
Wayne County, Michigan, and you expressly consent to the
jurisdiction of said courts.
Severability
If any provision of these Terms
of Use shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
for this agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters
contained herein.
Claims of Infringement
If you believe that any content
appearing on this Site infringes your copyright rights, we at
Internet Yoga Classes, LLC want to hear from you. Please
forward the following information in writing to the Copyright
Agent named below:
-
your name, address, telephone
number, and e-mail address;
-
a description of the
copyrighted work that you claim has been infringed;
-
the exact URL or a description
of each place where alleged infringing material is located;
-
a statement by you that you
have a good faith belief that the disputed use has not been
authorized by you, your agent, or the law; and
-
your electronic or physical
signature or the electronic or physical signature of the
person authorized to act on your behalf.
Copyright Agent:
Internet Yoga Classes, LLC seeks to preserve any and all
exemptions from liability that may be available under the
copyright law, but does not necessarily stipulate that it is a
service provider as defined in USC section 512(c) or
elsewhere.
Email:
info@internetyogaclass.com
Last Updated as of December 01,
2005
|