Terms and Conditions - The Yoga Collective

Welcome to the The Yoga Collective Website. It is our pleasure to provide the services described below in accordance with these Terms of Use (“Terms”). Please take a moment to carefully read through these Terms.

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at yogacollective.staging.wpengine.com (the “Site”), the Yoga Collective App (the “App”) located in the Apple/iTunes/App Store or the Google Play Store, or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Venice Beach Yoga, LLC, DBA The Yoga Collective (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site, App or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

3. USE OF SOFTWARE. Company may make certain software available to you from the Site or App. If you download software from the Site or App, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant Company a license to use the materials you post to the Site, App or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, App or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, App or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, App or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site or App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. RECURRING BILLING, AUTO-RENWAL SUBSCRIPTION, REFUND POLICY and CANCELLATION. By providing a credit card or other payment method accepted by Company (“Payment Method”) for your The Yoga Collective subscription, you are expressly agreeing that we are authorized to charge you a monthly, quarterly or annual subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Site to the Payment Method. You are responsible for any costs you incur to access the Internet. You also agree that you are solely responsible to cancel your auto-renewal subscription on time (at least 24 hours prior to your next billing cycle) to avoid any future auto-recurring payments to your credit card.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly, quarterly or annual renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.

We automatically bill your Payment Method each month, quarter or year on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”, each such quarter a “Quarterly Period” and each such year, an “Annual Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. Your subscription will continue in effect on a month-to-month, quarter-t0-quarter or year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription at least 24 hours before it renews each Monthly Period, Quarterly Period or Annual Period in order to avoid the next billing cycle. We will bill the monthly subscription fee, quarterly subscription fee or annual subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period, Quarterly Period or Annual Period – this means that you will have continued access to the Site for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account, going to the Edit Account page and clicking “Cancel” in the Subscription Tab (and confirming the cancellation). All terms as set forth above also apply to recurring quarterly and annual memberships if not already stated.

No refunds or partial refunds will be issued to your account or credit card. By signing up and agreeing to the terms of the subscription with The Yoga Collective you agree that it is your sole responsibility to cancel your auto-renewal subscription on time if you don’t want to incur future charges. If you forget to cancel your subscription or auto-renewal subscription you agree to take full responsibility for the associated costs and fees charged to your credit card.

Once again, to avoid future charges on your next billing cycle, you must cancel your auto-renewal subscription at least 24 hours before your next billing cycle is set to auto-renew. To cancel your subscription go into the Subscription tab on the Edit Account page under your Yoga Profile. Upon cancelling your subscription, you will continue to have access through your current billing period.

Again, all Subscription are auto-renewing subscriptions and the sole responsibility of each user to cancel 24-hours prior to the next billing cycle to avoid the next charge. If you have purchased a promotional offer please see your offer regarding the auto-renewal language and both sign up pages on our site which clearly states our auto-renewal terms and read this section outlining our Terms&Conditions.

Unless you cancel on your own (24-hours before your next billing cycle) or notify us (24 hours before a charge) that you want to cancel or do not want to auto-renew, you understand your membership will automatically continue and you authorize us (without notice to you) to collect the then-applicable membership fee and any taxes, using any eligible payment method we have on record for you.

AppApple Store/iTunes related Billing, Auto Renewal and Refund Policy:
• Payments will be charged to iTunes Account at confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

8. HEALTH WARRANTY. You agree and acknowledge that the physical activity related to yoga instructional classes naturally involves the risk of physical injury. Physical exercise associated with the instructional videos may involve the use of recommended equipment such as blocks and straps and you voluntarily assume and accept any risks associated with physical activity related to the Site or App. You agree that it is your responsibility to select the courses and exercises that are appropriate for someone with your level of skill and ability. You agree to hold Company harmless from any injuries that may occur from your use of this service, Site or App.

9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site, App or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Admin

The Yoga Collective

512 Rose Avenue, Unit C

Venice, CA 90291

hello@theyogacollective.com

10. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site or App. To ensure that Company provides a high quality experience for you and for other users of the Site, App and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site or App immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

11. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE OR APP AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE, APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE,APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

13. AFFILIATED SITES OR APPS. Company has no control over, and no liability for any third party websites, apps or materials. Company works with a number of partners and affiliates whose Internet sites or Apps may be linked with the Site. Because neither Company nor the Site or App has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites or apps, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or apps. Similarly, from time to time in connection with your use of the Site or App, you may have access to content items (including, but not limited to, websites and apps) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site, App and the Service. You are prohibited from violating or attempting to violate any security features of the Site, App or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site or App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, App or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site, App or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, App or Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or Service.

18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE. Nothing contained on the Site or App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

20. CALIFORNIA USE ONLY. The Site and App is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site and App should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

21. EXPORT CONTROLS. Software and the transmission of applicable technical data, if any, in connection with the Company are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

22. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, App and/or the Service; and (c) discontinue the Site, App and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or App following notice of any revision, you shall abide by any such revision.

23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.