1. Terms of Use. This website (the “Site”) is operated by or on behalf of www.YogaWithSapna.com (“YWS”). Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully. These Terms and Conditions represent the entire understanding between YWS and you regarding your use of this Site. The Site’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.
Access to and use of this Site is subject to all applicable laws and regulations. To the extent that access or use of this Site would be deemed illegal by governing law, such access or use is prohibited. BY VISITING ANY AREA ON THE SITE YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE. As long as you comply with these Terms and Conditions and any modifications hereto, YWS grants you a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.
2. Use of Materials. Materials on this 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 “Material”), are owned or licensed by YWS 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 Material, in whole or part, without the express written permission of YWS, is prohibited. However, you may stream digital class videos provided on the Site according to the terms on which they are provided, 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 Material; or (iii) any such individual pages streamed. Your use hereunder does not grant you any ownership rights to such Material and YWS and its licensors reserve all rights to such Material. You may not reverse engineer, decompile, disassemble, or modify any Material, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the Material contained hereon without the express written permission of YWS. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.
3. Health & Safety Disclaimer. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. This Site is not intended to provide medical advice or make medical diagnoses. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do not do them before consulting with your physician. The Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn’t inhibit movement. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material are not responsible for any injuries you may experience as a result of your use of this Site and the Material. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.
4. Your Account. In order to receive certain services provided on the Site, you must first establish a user account (“Account”). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify YWS immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or user account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your Account will be terminated. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back-up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.
You also agree that YWS may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that YWS will not be liable to you or to any third party for termination of your access to the Site.
5. Privacy; Personal Information. Please see YWS’s Privacy Policy for information concerning the collection and use of Personally Identifiable Information from this Site. As a condition of registering with our Site or making any purchases of any products and/or services, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While YWS 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 YWS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OR COSTS (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 OR COSTS ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER YWS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
6. Modifications to Prices or Billing Terms. YWS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
7. Links. This Site may contain links to other websites that are not controlled and/or maintained by YWS. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of YWS and/or which may provide their users with less security than this Site. By providing such links, YWS shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. YWS is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
8. 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 YWS 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 or any other laws, either statutory or common law. 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, YWS and all users of this Site a world-wide, non-exclusive, 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.
YWS 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, YWS 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 YWS, 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.
9. Promotions, Sweepstakes, Contests, Special Programs. On occasion, YWS or certain advertisers or suppliers to this Site may elect to conduct certain promotions, sweepstakes, contests, or special programs (collectively, “Promotions & Programs”) on this Site. Each such Promotion & Program may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.
10. Copyright Infringement Policy. YWS values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others or that YWS has a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site you may notify YWS at [email protected]. YWS will contact you to discuss and confirm the details and actions will be taken according to the findings.
11. Additional/Different Terms. Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain promotions or content that is designated as premium or special content may only be made available to users of the Site that consent to YWS’s sharing of their Personally Identifiable Information with the sponsors or making an agreed payment. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.
12. Limitation of Liability and Use Disclaimer. YWS is not responsible for any damages or loss related to the use of this Site, products or services from this Site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. YWS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. YWS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES OR COSTS, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT YWS SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO YWS. ORDER INFORMATION SUCH AS A BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF YWS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, YWS’s liability is limited to the greatest extent allowable under applicable law.
13. Transmitting and Streaming. YWS is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet. YWS does not warrant or represent that this Site will meet your requirements, that access or streaming will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
14. Indemnity. You agree to indemnify, defend and hold harmless YWS, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees and costs) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site or streamed); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify YWS, shall survive beyond any term that these Terms and Conditions are in effect.
15. Electronic Communications. When you communicate with YWS electronically, via email or otherwise, when you set up an Account with YWS, and each time you make a purchase from, or stream from the Site, you consent to receive electronic communications from YWS. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by YWS satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from YWS and wish to opt out, you may send an e-mail to us at [email protected] or follow the opt-out procedures set forth in such marketing e-mails.
16. Changes in Policy. From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site, and any changes will become effective immediately upon being posted unless YWS states otherwise. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site, including but not limited to any purchases you may make from the Site or any streaming of content from the Site, subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
17. Acquisition of Business. In the event that YWS is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of YWS’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, YWS will post a notice to such effect on this Site.
18. Contact Us. If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us at: [email protected]
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