Last revised on July 19, 2016
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT
DESCRIPTION OF SERVICES
ACCESS AND USE OF LIVING YOGA DALLAS WEBSITE SERVICES
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Living Yoga Dallas in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Living Yoga Dallas. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Living Yoga Dallas in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
THE VIDEO PLAYER
You may not modify, enhance, remove, interfere with, or otherwise alter in any way, any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
EMBEDDING A VIDEO USING THE VIDEO PLAYER
You may embed select videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to Yoga International (in Living Yoga Dallas’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Living Yoga Dallas reserves the right to prevent embedding to any website or other location that Living Yoga Dallas finds inappropriate or objectionable (as determined by Living Yoga Dallas in its sole discretion).
You agree that Living Yoga Dallas owns and retains all rights to Living Yoga Dallas Website Services. You further agree that the Content you access and view as part of Living Yoga Dallas Website Services is owned or controlled by Living Yoga Dallas. All Living Yoga Dallas Website Services and the Content are protected by copyright, trademark, and other intellectual property laws.
In order for us to keep Living Yoga Dallas Website Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use Living Yoga Dallas Website Services for lawful, non-commercial and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Living Yoga Dallas Website or use Living Yoga Dallas Website Services in a way that:
- violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Content or Living Yoga Dallas Website Services that is not authorized by Living Yoga Dallas (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to or distribution of the Content or Living Yoga Dallas Website Services);
- involves accessing Living Yoga Dallas Website Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of Living Yoga Dallas Website Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to Living Yoga Dallas Website Services, including Living Yoga Dallas’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with Living Yoga Dallas Website Services;
- uses Living Yoga Dallas Website Services to advertise, promote or assist in any way a competing service either directly or indirectly with the aid and assistance of any third party;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by Living Yoga Dallas;
- interferes with any other party’s use and enjoyment of Living Yoga Dallas Website Services; or
- attempts to do any of the foregoing.
If you the user are found to have used Living Yoga Dallas Website Services to advertise, promote or assist in any way a competing service either directly or with the aid and assistance of any third party then you and the user shall be liable for liquidated damages in the amount of US$1,000,000.00 to Living Yoga Dallas. You the user and we Living Yoga Dallas agree and acknowledge that calculation of the damages from a breach would be difficult to estimate accurately and that the foregoing dollar amount is a reasonable approximation thereof and is intended as the fair allocation and liquidation of damages and not as a penalty against you the user. You the user and we Living Yoga Dallas further acknowledge and agree that such liquidated damages shall be the sole and exclusive recovery to which Living Yoga Dallas will be entitled and in no event will either party be liable to the other for consequential or special damages.
NO SPAM / UNSOLICITED COMMUNICATIONS
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use Living Yoga Dallas Website Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through Living Yoga Dallas Website Services, you acknowledge that you will have caused substantial harm to Living Yoga Dallas and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Living Yoga Dallas $50 for each such unsolicited communication you send through Living Yoga Dallas Website Services.
In order to participate in certain Living Yoga Dallas Website Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
SUSPENSION / DISCONTINUATION
We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of Living Yoga Dallas Website Services with respect to any or all users, at any time without notice. You acknowledge that Living Yoga Dallas may do so in Living Yoga Dallas’s sole discretion. Upon cancellation, you may be given a prorated or complete refund at the discretion of Living Yoga Dallas.
COLLECTION AND USE OF PERSONAL INFORMATION
LINKED WEBSITES AND ADVERTISING
THIRD PARTY WEBSITES
Living Yoga Dallas is not responsible for the content or practices of any website other than the Living Yoga Dallas Site, even if it links to the Living Yoga Dallas Site, and even if the website is operated by a company affiliated or otherwise connected with Living Yoga Dallas. By using Living Yoga Dallas Website Services, you acknowledge and agree that Living Yoga Dallas is not responsible or liable to you for any content or other materials hosted and served from any website other than Living Yoga Dallas Website Services.
Living Yoga Dallas takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using Living Yoga Dallas Website Services are between you and the advertiser, and you agree that LYD is not liable for any loss or claim that you may have against an advertiser.
Living Yoga Dallas, LYD, the Living Yoga Dallas logo, www.livingyogadallas.com, and other Living Yoga Dallas graphics, logos, scripts, and sounds are trademarks of Living Yoga Dallas. None of the LYD trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
Some Content may require physical exertion, which may be strenuous and could result in physical injury. It is your responsibility to consult with a physician prior to and regarding your participation in such Content. By participating in such Content you represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in such Content.
By using the Living Yoga Dallas Website you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which YOU might incur as a result of participating in such content.
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE LIVING YOGA DALLAS WEBSITE SERVICES, YOU AGREE THAT USE OF LIVING YOGA DALLAS WEBSITE SERVICES IS AT YOUR OWN RISK. LIVING YOGA DALLAS WEBSITE SERVICES, INCLUDING THE LIVING YOGA DALLAS SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LIVING YOGA DALLAS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT LIVING YOGA DALLAS WEBSITE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL LIVING YOGA DALLAS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “LIVING YOGA DALLAS PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF LIVING YOGA DALLAS WEBSITE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF LIVING YOGA DALLAS WEBSITE SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF LIVING YOGA DALLAS WEBSITE SERVICES. LIVING YOGA DALLAS RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUMES THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Software and the transmission of applicable technical data, if any, in connection with Living Yoga Dallas Website Services 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.
CHOICE OF LAW
NO WAIVER / RELIANCE
INTEGRATION, AMENDMENT, AND SEVERABILITY