Term Of Use

Terms of use-liveYogis

These Terms of Use (“Terms”) govern the use of LiveYogis online yoga studio (“Service”) and govern the relationship between you (“You” or “User”) and LiveYogis , (“LiveYogis” or “We”) regarding your use of the Service. By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service.

Medical Disclaimer. Before starting any yoga or other exercise program through the Service, consult your physician to determine if such program is right for your needs. Do not start exercise program through the Service if your physician advises against it. Your use of the Service and attending our interactive classes is at your sole discretion and risk. Always stop the exercise immediately if you experience faintness, dizziness, pain or shortness of breath at any time while exercising.

You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-in via Facebook.

The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.

Your Rights and Obligations

The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account.

When attending live interactive yoga classes through the Service You shall always wear proper exercise clothing. And use appropriate language when contacting the instructor and not behave in a manner that makes the instructor feel uncomfortable or intimidated. LiveYogis has the right to suspend You from using the service if you don’t follow these guidelines.

LiveYogis grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service application for your private use. The Service comprises the relevant application that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.

If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time.

This Agreement does not entitle you to future updates, new versions or other enhancements of the application although LiveYogis may choose to provide such updates etc., in its sole discretion.

Without limiting any other remedies, LiveYogis may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if LiveYogis suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the LiveYogis services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and LiveYogis is under no obligation whatsoever to compensate You for any such losses or results.

You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.

Intellectual Property Rights

The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“LiveYogis Property”) are owned by or licensed to LiveYogis, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in these Terms, LiveYogis does not grant any express or implied rights to use LiveYogis Property.

LiveYogis may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”).

You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the LiveYogis Property and Additional Content only in connection with the usage of the Service. Any use of the Service, LiveYogis Property or Additional Content other than as specifically authorised in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.

User Content and Copyright Policy

You may interact with our yoga instructors through the Service and submit messages and/or other content to the Service (“User Content”). LiveYogis does not have any duty to monitor any User Content. However, LiveYogis shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.

You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.

LiveYogis does not claim ownership to any User Content but You grant to LiveYogis a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.

LiveYogis respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If LiveYogis becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

Third-Party Services and Material

The Service may contain links to websites operated by third parties or feature content which is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. LiveYogis assumes no responsibility for such third-party services and/or content in third-party services.

Personal Information and Security

You shall give to LiveYogis correct personal and other information necessary for the use the Service. You shall inform LiveYogis of any changes to such information.

Use of your personal and other information is governed by LiveYogis Privacy Policy, which is incorporated herein by reference. You consent to processing your personal and other information in accordance with the LiveYogis Privacy Policy, including (without limitation) transfer of such data to countries outside the European Union or the European Economic Area in accordance with applicable legislation and the LiveYogis Privacy Policy.

LiveYogis shall take appropriate online and physical measures to prevent unauthorised access to, improper use of and the reasonable accuracy of your personal data submitted to LiveYogis via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on LiveYogis servers is not generally available to the public. However, the use of internet services always includes security risks.

You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to LiveYogis and/or third parties. You agree to not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.

Support and Modifications

LiveYogis shall have no obligation to provide support or maintenance for the Service under this agreement. LiveYogis may, at its sole discretion, provide limited technical support for the Service.

You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. LiveYogis may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.

Service Disclaimer / No Warranty

To the maximum extent permitted by applicable law, except as provided above, LIVEYOGIS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.

Indemnification

You agree to defend, indemnify and hold harmless LiveYogis, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). LiveYogis reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.

Limitation of Liability

You understand and acknowledge that LiveYogis will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT LIVEYOGIS SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.

LIVEYOGIS SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LIVEYOGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF LIVEYOGIS EXCEED THE TOTAL AMOUNT OF THE SERVICE FEES, PAID BY YOU TO LIVEYOGIS DURING A PERIOD OF THREE (3) MONTHS PRECEDING THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE THAT LIVEYOGIS SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE RESTS ENTIRELY WITH YOU.

Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.

Provisioning of the Service and Termination

LiveYogis shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time.

These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases You will not be entitled to any refund.

General

LiveYogis may assign or delegate its rights and obligations under the Terms and/or the LiveYogis Privacy Policy, in whole or in part, to any person or entity at any time. You may not assign or delegate rights or obligations under the Terms or Privacy Policy without LiveYogis’s prior written consent.

These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country.

You and LiveYogis agree that if any portion of the terms or if the LiveYogis Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the Terms, which shall continue to be in full force and effect.

LiveYogis may publish additional policies related to specific services. Your right to use such service is subject to those specific policies and the terms.

LiveYogis reserves the right to change, modify, add or remove portions of the Terms and its Privacy Policy at any given time by posting the amended Terms on the service, and in case of substantial changes, by email to the email address provided by You to LiveYogis. You will be deemed to have accepted such changes by continuing to use the Service. If You do not agree to any portions of the then-current version of our terms, LiveYogis Privacy Policy, or any other LiveYogis policy, rules or codes of conduct relating to your use of the service, Your license to use the service shall immediately terminate, and You must immediately stop using the service, and You will not be entitled to any refund of the service fee. In such case please check the service on a regular basis so that You remain aware of the then-current Terms.

Disputes and Applicable Law

All disputes relating to the Service and the Terms shall be settled at District Court of Pune, India having the sole jurisdiction.

These Terms shall be governed by and shall be construed in accordance with the law of Pune, India excluding its choice of law provisions.