Happy Yoga | Terms & Conditions of use Agreement
Welcome to Happy Yoga | On Demand!
Happy Yoga | On Demand website (hereinafter referred to as the "Website" or “Happy Yoga TV”) is designed to provide you with high quality audio and video of yoga classes/episodes, strength and stretch routines, breath and mindfulness workshops. This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Happy Yoga TV LLC. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Happy Yoga TV, the mobile or tablet versions thereof, any Happy Yoga TV software, and any applications created by Happy Yoga TV whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the "Service"). Please note that the availability of any Happy Yoga TV applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Happy Yoga TV and such social networking site, mobile or tablet device, or internet television or other technology platform.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have a monthly subscription). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website. Use of the Service and membership on the Website is void where prohibited. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Happy Yoga. Happy Yoga reserves all rights not expressly granted in and to the Website and the Content. You may access Website and Content as available:
for your information and personal use; as intended through the normal functionality of the Happy Yoga Service; and for Streaming, ("Streaming" or "Stream" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Happy Yoga Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Happy Yoga 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 or expressed in audio on the Website. Happy Yoga 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/listening to Happy Yoga audio/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 Happy Yoga, 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 Happy Yoga, or any person or entity involved with Happy Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Happy Yoga TV’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Happy Yoga TV you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
You agree to immediately notify Happy Yoga TV of any unauthorized use of your password or account or any other breach of security. You may never use another Member's account without prior authorization from Happy Yoga TV. Happy Yoga TV will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Happy Yoga TV and/or content providers who provide content to Happy Yoga TV. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
7. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Happy Yoga or by third parties that have licensed or otherwise provided their material to Happy Yoga TV. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Happy Yoga TV's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
8. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Happy Yoga TV. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
9. Happy Yoga TV and Third Parties
Our Website contains Content of Happy Yoga TV, and Content of third party licensors to Happy Yoga TV (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Happy Yoga TV owns and retains all rights, title and interest in the Happy Yoga TV Content. Happy Yoga TV hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Happy Yoga Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Happy Yoga TV is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Happy Yoga TV or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Happy Yoga TV encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Happy Yoga TV works to ensure the information on the Website is current and accurate, Happy Yoga TV does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
10. Other Sites
11. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. 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. Happy Yoga TV 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 Happy Yoga TV believes that you have breached any of the terms of this Agreement, furnished Happy Yoga TV with false or misleading information, or interfered with use of the Website or the Service by others.
No Sharing. Members of Happy Yoga TV 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 Happy Yoga TV 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. Happy Yoga TV 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, Happy Yoga TV 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. 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 Happy Yoga TV later increases the price of the subscription, Happy Yoga TV 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.
15. Disclaimer of Warranties
You agree that your use of the website shall be at your sole risk. The website and the materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Happy Yoga TV, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Happy Yoga TV makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of Happy Yoga TV secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Happy Yoga TV does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Happy Yoga TV will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
16. Limitation on Liability
17. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Happy Yoga TV, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
19. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
20. 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.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Happy Yoga TV without restriction.
22. Integration Clause
23. Waiver and Severability of Terms
The failure of Happy Yoga TV to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
24. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
25. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Happy Yoga TV that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. You agree that: (a) the Website shall be deemed solely based in California and (b) the Happy Yoga TV Website shall be deemed a passive website that does not give rise to personal jurisdiction over Happy Yoga TV, either specific or general, in jurisdictions other than California.
26. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Happy Yoga TV reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by email at firstname.lastname@example.org