TERMS OF SERVICE
Thank you for choosing Yogidia ("Yogidia", "we", "us", "our"). We are pleased you chose Yogidia. The following Terms are important, so please read them carefully.
Welcome to the Yogidia Terms of Service. THE TERMS OF SERVICE IS A LEGAL AGREEMENT BETWEEN YOU AND YOGIDIA AND ITS AFFILIATES AND GOVERNS YOUR USE OF THE SERVICE (defined below). The terms "you", "your" and "user" shall refer to all individuals and entities that access the Service.
Yogidia provides Yogidia.com to you via a website, mobile application and associated technologies which offer both trial and subscription services for the Yogidia products (collectively the "Service").
Violation of any part of the Terms and our other policies may result in termination of your account.
You are required to register an account (the "Account") in order to use this Service, and you must provide your full legal name, a valid email address, and any other required information to open the Account.
You are responsible for maintaining the privacy and security of your Account. Yogidia will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. You agree to immediately notify us of any unauthorized use of your login information or password. We cannot and do not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Account or for any third party's fraudulent use or misuse of information submitted by you.
You warrant and represent that any registration information that you submit to Yogidia is true, accurate and complete, and you agree to keep it that way at all times.
Yogidia may communicate with you via email or other means you provide regarding your Account, system updates, or other issues related to your account.
You are responsible for all User Generated Content, as defined in these Terms that you create as part of the Service.
The intended purpose of the Service is to provide information to professionally certified and accreted teachers or instructors of yoga. You represent that you are using the Service and any User Generated Content for its intended purpose. If you are registering or using the Service on behalf of a company or other organization, on in a professional capacity, you represent that you have authority to bind your employer by your actions.
Changes to the Terms and Service
We reserve the right to update and modify these Terms at any time without notice. New features that may be added to the Service shall be subject to the Terms. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications and your acceptance of these Terms. You may always view the most recent copy of the Terms posted at Yogidia.com
Yogidia may offer and you may accept one free 14-day trial period for the Service (a "Trial"). By accessing or using the Trial, you agree to these Terms. If you cancel your participation in the Trial or otherwise notify us you no longer wish to use the Service before the end of the Trial, all your rights to access the Service will be waived and you will not be eligible to participate in any further Trials, except as allowed by Yogidia at our sole discretion.
If you subscribe to the Service, your subscription fee (the "Fee") will be billed each month on the day equivalent to the day you signed up and charged to the credit card on your Account. You agree to keep your credit card information up to date, and acknowledge that an additional fee will apply if your payment is denied. There will be no refunds of Fees already paid, except in the sole discretion of Yogidia.
At its sole discretion, Yogidia may change the Fee for the Service from time to time. Fee change notices will be posted at least 30 days in advance on the Website, and will take effect at the start of the next subscription period following the date of the Fee change, or as otherwise communicated by us. By continuing to use the Service after the Fee change takes effect, you accept the new Fee and you agree to these Terms.
Cancellation and Termination
This Agreement shall continue until you cancel your subscription or we terminate this Agreement. You may cancel your subscription at any time from within your Account.
You are responsible for the proper cancellation of your Account. You may cancel your account at any time by clicking on the My Account / Subscription & Payments link. The screen provides a simple link to unsubscribe your account. Cancellation by any other means, including email or phone requests to cancel your account, will not be deemed cancellation.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. No refunds will be provided if you cancel prior to the end of your billing cycle.
Yogidia reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your Account (any part thereof) or use of the Service and remove and discard any of your User Generated Content on the Service, for any reason, including, if Yogidia believes that you have violated these Terms. Yogidia will use all reasonable efforts to contact you directly via email as listed in your account profile on the Service to notify you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Yogidia shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
Technology Limitations, Modifications to the Service and Changes in Fees
Yogidia will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Yogidia reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof.
Furthermore, Yogidia reserves the right to modify, suspend, or discontinue the Service at any time for any reason or no reason with or without notice.
User Generated Content
You hereby grant to Yogidia a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Service (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on the Service, websites, in audio format, and in any print media format. User Generate Content includes but is not limited to content posted on message board posts, blogs, journals, feedback, food and recipe submissions, events and user comments. Subject to Yogidia adherence to the privacy settings you select within the Service, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Yogidia use of the User Generated Content or require your permission for Yogidia to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Yogidia or its sublicensees relating to Yogidia, the Service or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Yogidia and its sublicensees from any such claims. You represent to Yogidia, and fully indemnify Yogidia that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information as part of the Service; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
Copyright and Intellectual Property Ownership
The Service and all aspects thereof, including all copyrights, trademarks, logos, brands, artwork, technologies, software, user interface elements, User Generated Content and other form of developed materials and intellectual property rights therein are owned by Yogidia or its licensors (collectively, the "Yogidia Intellectual Property"). You acknowledge that the Service and your use of the Service contain Yogidia Intellectual Property and you hereby disclaim all right, title or other proprietary ownership of the Yogidia Intellectual Property. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Yogidia Intellectual Property without our prior written consent. All rights in the Service not expressly granted to you by Yogidia are retained by Yogidia and its licensors.
You may from time to time provide Yogidia with suggestions, comments, recommendations and/or feedback regarding the Service and or related technologies ("Feedback"). Any and all Feedback is and shall be given entirely voluntarily. All Feedback shall be exclusively owned by Yogidia, and you hereby make all assignments and provide all indemnification necessary to accomplish the foregoing ownership, and as a result Yogidia shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you, or any other person or entity.
If you violate any of these Terms, your permission to use the Service automatically terminates and you must immediately destroy any copies you have made of any portion of the Service.
If we determine that you are not using the Service responsibly, we have the right (but not the obligation) to remove, edit, block, or delete your use of the Service. We also have the right (but not the obligation) to suspend or terminate your access to, provision of, and use of any User Generated Content, Feedback, including deleting any information you provided to us or on the Service without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms, (b) violates any other guidelines or policies that may be published as part of the Service (c) is offensive to other users or the public, (d) violates the rights of us or third parties, or (e) could cause us liability. Without limiting the foregoing, upon any termination of your account or access to the Service we may delete all your content and other information related to the Service. If Yogidia suspects that your account information is inaccurate or incomplete, we may suspend or terminate your account without notice.
Consent to Receive Email
Your registration to use the Service constitutes your consent to receive email communications from us, including messages regarding the Service, changes in fees, the status of your account, promotional messages about our Service, customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Service at any time by following the unsubscribe link included in the email messages.
Content found on or through the Service is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider, nor is it intended to replace the relationship between you and your third parties regarding proper training, teaching and execution of physical activities. We are not a licensed medical care provider nor a licensed teacher, trainer or advisor of physical activities, and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition, nor the affects of any exercise or posture or sequence featured as part of the Service on you or your students. You should always consult a physician or your third parties who provide you with training and advice regarding conducting or teaching physical activity before starting or leading a fitness program, changing your or a diet or if you have any questions regarding any medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Service or User Generated Content. You should consult with your physician before following any training or exercise instructions you receive through the Service or participating in any event announced by or through the Service. Furthermore, you should seek or possess through proper training all necessary advice and expertise from an appropriate third party you designate prior to using the Service or before participating in an event announced through the Service. Not all exercises or activities described as part of the Service are suitable for everyone, nor may they be suitable for you or anyone who receives instruction from you. You should understand that when participating in or leading any exercise or exercise program, there is the possibility of physical injury and/or death. By using the Service, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Service, and or if you are operating in any form of a teaching or instructing capacity, that you have done the same and also have properly ensured that you have already taken such measures with your students through training, certification and proper insurance.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Service. If you engage in any exercise program or lead any exercise program you receive or learn about through the Service you agree that you do so at your own risk and are voluntarily participating in these activities.
We endeavour to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. YOGIDIA MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, Yogidia makes no representation nor does it warrant, endorse, guarantee or assume responsibility for any third party applications, third party application content, User Generated Content, or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Yogidia is not responsible or liable for any transaction between you and third-party providers of third party applications or products or services or User Generated Content advertised or displayed on or through the Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Yogidia shall create any warranty on behalf of Yogidia in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall any Yogidia software and to stop using the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOGIDIA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER YOGIDIA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO YOGIDIA DURING THE PRIOR THREE MONTHS IN QUESTION.
Your Indemnification of Yogidia
Upon request by us, you agree to defend, indemnify and hold Yogidia and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Service, including any User Generated Content or content you post, store, reproduce, display, consume or distribute via the Service; (b) your violation of the Terms; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Service or (d) any injury, deformation, death or otherwise incapacitation you may incur or your students may incur. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
Information Collected By Yogidia
We collect two types of information from users of the Service: personal information described below; and non-personal information such as information about traffic patterns on the Service.
To access the Service, we require you to sign up using a valid email address and a password. When you subscribe to the Service, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, to process your order, manage your subscription, administer the contest, or send you promotional e-mails.
Do we use 'cookies'?
If you turn cookies off, some features will be disabled. You will not be able to log in to your account and some of the features that make your site experience more efficient may not function properly.
Use and Disclosure of Personal Information
To contact you: We use the information collected on the Service for a variety of purposes, including, but not limited to, running the Service and contacting you. We may use your information to communicate back to you, to update you on services and benefits, software updates and special offers, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of interest. In addition, if you are a subscriber to the Service, we may send you order and billing related emails. We consider your acceptance of this Policy as your acceptance of our offer to send you these emails. You may opt out of some communications at any time by clicking the "unsubscribe" link found within Service email updates.
To bill and collect money owed to us: This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
To understand how you use our product: Yogidia may from time to time analyze the Yogidia library items you use. This information helps us deliver and support the Service and respond to your requests for assistance. We also collect this information to improve our understanding of how our customers use the Service.
We will not sell, trade or disclose to third parties any customer identifiable information derived from the registration for or use of our Services, except as required by court order, subpoena, search warrant or as otherwise may be required by law. We may use third parties for secure credit card transaction processing, and we send billing information to those third parties solely for the purpose of processing your credit card payments.
Use and Disclosure of Non-Personal Data
In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to the Service. We use your information on an aggregated basis that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often users use parts of the Service so that we can make the Service appealing to as many users as possible, and improve our Service.
As part of our efforts to combat fraud, we record, or our third party designated to conduct payment transactions may record, your IP address when you use the Service, and confirm that the geographic location associated with your IP address matches the billing address information provided to us. This process allows us to detect and prevent certain fraudulent transactions from being processed through the Service (for example, a payment request associated with a U.S. billing address, but a non-U.S. IP address, may be declined).
Encryption software conforming to the Secure Socket Layers (SSL) protocol is used to safeguard all the commerce related (i.e. credit card and billing address) information you send to us. It is important for you to protect against unauthorized access to your password and to your computer or internet connected device. If your password is compromised, notify Customer Service at once at firstname.lastname@example.org.
This policy was lasted updated on October 1, 2016.
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