This User Agreement (“Agreement”) sets out the terms on which The entity providing the Service (“Yoga Moxi® LLC” or “Yoga Moxi”®) offers you access to and use of our website which makes available to you products, information and video content (“Service”). The Service allows you to learn about yoga and things related to yoga, watch videos and see other content. You agree to comply with all terms of this Agreement when accessing or using our Services.
Your use of the Service is subject to these terms which may be updated from time to time. Any links or references provided by third parties or in these terms are for informational use only and are not part of the Agreement.
You must be at least 16 years old to use the Service; however, children of all ages may use the Service (where available) if enabled by a parent or legal guardian.
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
The content on the Service includes videos, graphics, photos, text, branding (including trademarks, service marks, or logos) (collectively, “Content”). Content is the responsibility of the person or entity that provides it to the Service. Yoga Moxi is under no obligation to host or serve Content.
You may be provided with the opportunity to create an account (“Account”) To protect your Account, keep your password confidential. You should not reuse your Account password on third-party applications.
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
2.circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
5.interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any Content.
For any video, text, images or other items you may provide to Yoga Moxi® (“Provided Content”), you grant to Yoga Moxi® a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Provided Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and its business. This license does not grant any rights or permissions for a user to make use of your Provided Content independent of the Service.
The Service includes copyrighted, trademarked and other proprietary materials (“Intellectual Property”). You agree not to remove any copyright, proprietary, or identification markings provided in the Services and not to create any derivative works based on that data.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Yoga Moxi® may retain Provided Content.
If you believe your copyright has been infringed on the Service, please send a notice to: yogamoxibiz@gmail.com We respond to notices of alleged copyright infringement.
You may stop using the Service at any time.
Yoga Moxi® reserves the right to suspend or terminate all or part of your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party or Yoga Moxi®.
We will notify you with the reason for termination or suspension by Yoga Moxi® unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party or Yoga Moxi®.
If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.
Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms.
Yoga Moxi® cannot guarantee the continuous operation of or access to the Services. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND YOGA MOXI® DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, THERE ARE NO WARRANTIES ABOUT: (A) CONTENT PROVIDED THROUGH THE SERVICE; OR (B) SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
EXCEPT AS REQUIRED BY APPLICABLE LAW, YOGA MOXI®, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
YOGA MOXI’S® TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT YOU MAY HAVE OBTAINED FROM A CONTRACT WITH YOGA MOXI FOR THE USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE IN WRITING TO YOGA MOXI® OF THE CLAIM; AND (B) $500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Yoga Moxi®, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (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 your use of the Content caused damage to a third party. This defense, indemnification and hold harmless obligation will survive this Agreement and your use of the Service.
The Service may contain links to third-party websites and online services that are not owned or controlled by Yoga Moxi®. Yoga Moxi ® has no control over, and assumes no responsibility for, such websites and online services.
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should stop using the Service.
If your use of the Service ends, this Agreement will continue to apply to you and your use of the Service. Licenses granted by you will continue as described.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have, including the right to take legal action in the future.
All claims arising out of or relating to these terms or the Service will be governed by Florida law, and will be litigated exclusively in the federal or state courts of Miami-Dade County, Florida, USA. You and Yoga Moxi® consent to personal jurisdiction in those courts.
YOU AND YOGA MOXI® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
