NOTE TO OUR USERS
Last updated: 04/01/2016
We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on our Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.
1. ELIGIBILITY, REGISTRATION AND ACCOUNT
You must be at least 16 years old to access or use the Services. By registering to use our Services, you represent that you are at least 16 years old.
In order to access certain areas and features of our Services, you will need to register for an account. You agree to (a) create a unique password that you do not use with any other online product or service; (b) provide accurate, truthful, current and complete information when creating an account; (c) maintain and promptly update your account information upon any changes; (d) maintain the security of your account by protecting your password and restricting access to your account; (e) promptly notify The Yoga Site if you discover or otherwise suspect any security breaches related to the Services; and (f) take responsibility for all activities that occur under your account and accept all risks of any authorised or unauthorised access.
2. INTERACTIONS WITH OTHER USERS
2.1 You Have Sole Responsibility When Interacting with Other Users. Our Services provide a platform for users to learn about one another, arrange classes and events, and communicate with one another. The Yoga Site is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, interactions, disputes or any relations whatsoever between you and any other user, person or organization. You are solely responsible for your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services.
Remember, the The Yoga Site Services are just a platform that enable you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other The Yoga Site users, so please use good judgment and keep safety in mind when you use our Services.
2.2 Identity Verification. We cannot and do not confirm each user’s identity. Although we provide tools intended to assist with identity verification, such as our social media verification tools (as described in Section 3.3), you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. The Yoga Site does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another user. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any user’s reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than the social media verification tool as described in Section 4.3). We encourage you to take precautions when interacting with other users, particularly when meeting a stranger in person for the first time.
2.3 Our Social Media Verification Tool. Our social media verification tool is intended merely to confirm that the social media url a user submits to us is a url that user uses as an active social media account. The Yoga Site’s social media verification tool is not intended to confirm that a user actually is the user of this account. While this is one of many ways to reduce the risk of misconduct by a user, it is not a guarantee of any user’s identity or good faith.
2.4 User Classes & Events. Users may host classes and events for other The Yoga Site users; however, these are not sponsored or endorsed by The Yoga Site and users attend such classes and events at their own risk.
2.5 Release. Because our Services are merely a platform, in the event that you have a dispute with one or more user, you release us (and our officers, directors, members, employees, developers, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3. USER CONDUCT AND CONTENT
The Services include interactive areas where you or other members can create, post, share or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials on the Services (collectively, “User Content” ). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
3.1 User Content Restrictions. You are solely responsible for any User Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, share, store, create or otherwise publish through the Services, User Content that we believe, in our sole discretion:
(a) is unlawful, libelous, defamatory, harassing, offensive, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) contains offensive language or images or is otherwise objectionable;
(f) incites violence or characterises violence as acceptable, glamorous or desirable;
(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; or
(k) would constitute, encourage or provide instructions for a criminal offence or violate the rights of any third party.
3.2 User Conduct. By accessing or using the Services, you agree to act responsibly, exercise good judgment and comply with The Yoga Site Guidelines. In addition, you agree not to:
(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other users of our Services;
(f) collect or store any information about any other users other than as permitted on our Services;
(g) use our Services for any commercial purpose whatsoever, unless with prior written consent from The Yoga Site;
(h) register for more than one user account;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
(j) circumvent or attempt to defeat any security or verification measure relating to use of the Services;
(k) hold yourself out as an agent, representative, employee or affiliate of The Yoga Site, including but not limited to when you host a class or an event for other The Yoga Site users or sign up to be a The Yoga Site Ambassador; or
(l) assist any third party in doing any of the foregoing.
3.3 User Content License. You own all of the User Content that you post to our Services. If you post User Content to our Services, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such User Content in any form, in all media now known or hereinafter created (including in emails or other communications to our members) to administer, operate, develop and otherwise provide the The Yoga Site Services. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Separate and apart from User Content, we welcome questions, comments, suggestions and ideas about The Yoga Site and our Services (“Submissions” ). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless The Yoga Site states otherwise in writing) and shall become the sole property of The Yoga Site. The Yoga Site shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that The Yoga Site is not obligated to provide acknowledgment or compensation to you in exchange for Submissions
5. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the The Yoga Site logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “The Yoga Site Materials” ) are the proprietary property of The Yoga Site or our licensors or users and are protected by Irish and International copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and The Yoga Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the The Yoga Site Materials; (b) the distribution, public performance or public display of any The Yoga Site Materials; (c) modifying or otherwise making any derivative uses of the Services and the The Yoga Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the The Yoga Site Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the The Yoga Site Materials other than for their intended purposes. Any use of the Services or the The Yoga Site Materials other than as specifically authorized herein, without the prior written permission of The Yoga Site, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“The Yoga Site,” the The Yoga Site logos and any other The Yoga Site service name or slogan contained on the Services are trademarks of The Yoga Site and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Yoga Site or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “The Yoga Site” or any other name, trademark or product or service name of The Yoga Site without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of The Yoga Site and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Our logo and the terms “The Yoga Site”, as well as other terms and visual elements that you might see throughout the The Yoga Site Services, are protected trademarks. However, we do support members using these trademarks in appropriate ways, such as to make your own T-shirts or to create local The Yoga Site community social media pages.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray The Yoga Site or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a The Yoga Site logo or other proprietary graphic of The Yoga Site to link to the Services without the express written permission of The Yoga Site. Further, you may not use, frame or utilize framing techniques to enclose any The Yoga Site trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without The Yoga Site’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of The Yoga Site or any third party.
8. THIRD-PARTY CONTENT
In using our Services, you may be exposed to content from other members or third parties ( “Third-Party Content” ), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other members of our Services.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another The Yoga Site account without our prior written permission.
In rare circumstances, when we feel it is necessary to protect the safety or the well being of the The Yoga Site community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.
10. DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You agree to indemnify, defend and hold harmless The Yoga Site, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
12. DISCLAIMER AND WAIVER
The Yoga Site does not give any warranty or make any representation as to the accuracy, completeness, truth, legality or reliability of the information contained on this site or the manner in which the information uploaded by the user is displayed. It is the user's sole responsibility to ensure the accuracy, completeness, truth, legality or reliability of information uploaded onto the site.
By uploading information to the site you warrant that such information does not infringe the rights (including intellectual property rights) of any third party and/or is not defamatory of any person or otherwise illegal. You agree to fully indemnify The Yoga Site against all damages, claims, expenses, liability and costs (including legal costs) which The Yoga Site may suffer or incur in the event of any legal proceedings being brought against The Yoga Site in consequence of your uploading information.
All users of The Yoga Site upload information entirely at their own risk and bear full responsibility for ensuring that they are fully compliant with all legal, regulatory and compliance standards as set out under any and all legislation, regulations and guidelines that apply to persons advertising real property. The Yoga Site does not warrant that all regulatory and compliance standards that apply to persons or entities advertising property are met when placing an advertisement on the site.
You acknowledge that your use of The Yoga Siteis at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against The Yoga Site Ltd, our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.
This Agreement shall all be governed and construed in accordance with the laws of Ireland applicable to agreements made and to be performed in Ireland. You agree that any legal action or proceeding between The Yoga Site and you for any purpose concerning this Agreement or the parties' obligations here under shall be brought exclusively in a competent jurisdiction sitting in Ireland. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Yoga Site's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Yoga Site may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Effective Date: 14/07/2014
Note from The Yoga Site: Please refer to the footnotes to see what we changed effective July 14, 2014.
Information Users Provide to Us
We collect information you provide to us, such as when you create an account, update your profile, use the interactive features of our Services, participate in contests, promotions or surveys, request customer support or otherwise communicate with us. The types of information we may collect include:
Basic user information , such as your name, username, gender, birth date, email address, mailing address, phone number and photographs;
Messages and interactive forum information, such as discussion group posts, messages to other The Yoga Site users and information you provide in connection with activities and events;
and Other background, contact and demographic information, such as your ethnicity, occupation, personalURL, IM username, emergency contact, home descriptions, travel history and plans and other interests and self-descriptions you choose to provide.
We also collect information about you from other The Yoga Site users, such as trust ratings, friend connections, public references and other interconnections and interactions between you and other The Yoga Site users.
Information We Collect Automatically From You
When you access or use our Services, we may also automatically collect information about you, including:
Location Information: We may collect information about your location each time you access or use our mobile application or otherwise consent to the collection of this information. For more information, please see “Your Information Choices” below.1
Device Information: We collect device-specific information when you access our Services, including your hardware model, operating system and version, unique device identifiers, mobile network information and information about the device’s interaction with our Services.
Log Information: We collect log information about how you access or use our Services, including your access times, browser type and language, Internet Service Provider and Internet Protocol (“IP”) address.
Information Collected by Cookies and other Tracking Technologies
We may automatically collect information using cookies, web beacons (also known as “gifs,” “pixel tags” and “tracking pixels”) and other tracking technologies to, among other things, improve our Services and your experience, monitor user activity, count visits, understand usage and campaign effectiveness and tell if an email has been opened and acted upon. For information about removing or rejecting cookies, please see “Your Information Choices” below.
Information We Collect from Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your The Yoga Site account through a third-party social networking site, we will have access to certain information from that site, such as your name, profile picture, connections and other account information in accordance with the authorization procedures determined by such third-party social networking site.
Use of Information
Operate and improve our Services;
Protect the safety of The Yoga Site users and verify users’ identities;
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions, rewards and events and provide other news and information about The Yoga Site and our select partners;
Monitor and analyse trends, usage and activities in connection with our Services;
Personalize the Services, which may include providing content or features that match user profiles or interests;
Process and deliver contest entries and rewards; and
Link or combine with other information we get from third parties to help understand your needs and provide you with better service.
Sharing of Information
We do not share personal information about you with third parties except as follows:
With your consent, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information;
With third party vendors, consultants and other service providers who need access to such information to carry out their work for us;
With others who access or use our Services in accordance with the privacy settings you establish (please see “Your Information Choices” below for more information about how to manage your sharing preferences);
With search engines in order to index the content you provide as part of a discussion forum;
With partners who run contests, special offers or other events or activities in connection with our Services;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
We may also share aggregated or anonymised information that does not directly identify you.
Social Media Tools
The Services may offer social sharing features or other integrated tools, which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these social sharing features.
The Yoga Site takes reasonable measures to help protect information about you in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.
Your Information Choices
Location Information via Mobile Device
You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device and by following the standard uninstall process and removing The Yoga Site’s website from your device. Doing so, however, may mean that you cannot use all or a portion of our Services.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies; however, our Services may not function properly if you do so.
You may opt out of receiving promotional emails from The Yoga Site by following the instructions in those emails or by adjusting the appropriate settings in your profile. If you opt out, we may still send you transactional or relationship messages, such as emails about your account.
SCHEDULING, BOOKING & MANAGEMENT SERVICE AGREEMENT
The Yoga Site may temporarily suspend your access for things like scheduled maintenance or if a natural disaster occurs. We may also change or discontinue particular features or functions of our services at any time. We reserve the right to suspend any services during planned downtime, in connection with a Force Majeure event or if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the services at any time. Notwithstanding the above, we have no obligation to update or enhance any services or to produce or release new versions of any services. We also have no obligation to continue The Yoga Site as a whole, if we so chose.
THIRD PARTY OFFERINGS
Although the services may allow you to access or use Third Party Offerings, they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to services here under. The availability of any Third Party Offerings through the Services does not imply The Yoga Site’s endorsement of or affiliation with the provider. The Yoga Site does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. The Yoga Site has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting The Yoga Site to disclose Your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).
As part of this service you will have access to The Yoga Site’s standard support services which includes email and telephone support Mon - Fri 9am - 5pm (GMT). You can email
or call +353 (0)86 8 5454514.
When you agree to this service, your yoga school will automatically be listed on The Yoga Site’s online platform, which allows students/customers to locate The Yoga Site schools and calendars. From time to time, The Yoga Site may offer customers the opportunity to participate in marketing services e.g. email campaigns which are designed to promote their yoga schools and attract customers to The Yoga Site. The Yoga Site reserves the right to market freely any school, event or information that has been published on the website.
TRIAL AND BETA SERVICES
We are not responsible for any damages resulting from your use of any trial or beta services.
Trial and Beta Services. The Yoga Site may in its sole discretion offer trial services or beta services from time to time at no charge. Any trial or beta services are provided 'AS IS' with no warranties of any kind. The Yoga Site may discontinue any trial or beta services at any time, with or without notice and without any further obligations to you. The Yoga Site will have no liability for any harm or damages suffered by you or any third party in connection with any trial or beta services.
LIABILITY FOR YOUR CUSTOMERS/ STUDENTS
You as the school owner are responsible for all activity occurring under your account. You will ensure that your customers and students are informed about the service and comply with all of the provisions of this agreement and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the services. If there is a disruption in service due to maintenance, planned downtime, a Force Majeure event, malicious software or a unknown reason, you are liable for your customers and for any financial liability associated. You are responsible for your customers and students not The Yoga Site.
If you use our payment system you agree to pay The Yoga Site the transaction fees and any other applicable fees you may have agreed to. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise stated by The Yoga Site. You will provide The Yoga Site with valid and updated credit card information or another form of payment acceptable to The Yoga Site. If you provide credit card information, you represent that you are authorized to use the card and you authorize The Yoga Site to charge the card for all payments hereunder. By submitting payment information, you authorize The Yoga Site to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by The Yoga Site for purposes of acknowledging or completing any payment.