TERMS
OF USE
Last updated : December 7, 2017
ACCEPTANCE
OF TERMS
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND TO OUR
PRIVACY POLICY, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE PLATFORM.
The services that YogaTribes Inc. (“YogaTribes”), a
corporation based in Canada, provides to you (“User” or “you”) are subject to
the following Terms of Use (“Terms”), which include our privacy policy
(“Privacy Policy”). YogaTribes reserves the right to update the Terms at any
time without notice to User.
By using YogaTribes’ online platform available at
www.YogaTribes.com or any of its services or features (the “Platform”), User
agrees to comply with all of the terms and conditions hereof. The right to use
the Platform is personal to User and is not transferable to any other person or
entity. User is responsible for all uses of User's Account (as defined
hereinafter) and for ensuring that all uses of User's Account comply fully with
these Terms. User shall be responsible for protecting the confidentiality of
User's password(s), if any. The most current version of the Terms and the
Privacy Policy can be reviewed by clicking on the “Terms of Use” or “Privacy
Policy” hypertext link located at the bottom of most pages of the Platform.
YogaTribes shall have the right at any time to change
or discontinue any aspect or feature of Platform, including, but not limited
to, content and features. YogaTribes shall have the right at any time to change
or modify the Terms or any part thereof, or to impose new conditions. Such
changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not limited to,
posting on the Platform, or by electronic or conventional mail, or by any other
means by which User obtains notice thereof. Any use of the Platform by User
after such notice shall be deemed to constitute acceptance by User of such
changes, modifications, additions or deletions.
SERVICES
The “Services” constitute of a set of online services
offered via the Platform, which enables users of said Platform to connect with
fellow users, and to search for, connect and contract with yoga trainers, yoga
studios and other providers of goods and services related to yoga (collectively
“Third Party Providers”), and to be informed or sign up to of upcoming events,
promotions or classes (the “Third Party Services”). The Services, including any
updates, enhancements, new features, and/or the addition of any new properties,
are subject to the Terms.
YOU ACKNOWLEDGE THAT YOGATRIBES IS NOT A YOGA STUDIO,
NOR A YOGA TEACHER AND DOES NOT PROVIDE SPACES FOR THE PRACTICE OF YOGA, DOES
NOT EMPLOY YOGA TEACHERS AND, UNLESS SPECIFIED OTHERWISE, DOES NOT SELL ANY
GOODS OR SERVICES RELATED TO YOGA, AND THAT ALL SUCH SPACES TO PRACTICE YOGA,
ALL SUCH YOGA TEACHERS AND ALL SUCH YOGA-RELATED GOODS AND SERVICES ARE PROVIDED BY INDEPENDENT
THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY YOGATRIBES OR ANY OF ITS
AFFILIATES.
FACE
RECOGNITION
You acknowledge and agree that you will use a picture
for the use of the Services (“profile picture”). This profile picture enables
you to be identified by the Third Party Providers when accessing or using such
Third Party Services. If you don’t have any profile picture or if you cannot be
identified with it, the Third Party Provider may refuse your access or use to
the Third Party Services.
USER
ACCOUNT, PASSWORDS, FACE RECOGNITION AND SECURITY
If any of the Services requires User to sign up for an
account (“Account”), User must complete the registration process by providing
YogaTribes with current, complete and accurate information as prompted by the
onboarding registration form, and is responsible for maintaining such
information accurate, complete, and up-to-date. User also will choose a
username and password and is entirely responsible for maintaining the
confidentiality of User’s password and Account. User is also responsible for
uploading a recent and recognizable profile photo when opening an Account, to
be used as a face recognition tool when using the Services. Furthermore, User
is entirely responsible for any and all activities that occur under such
Account. User agrees to notify YogaTribes immediately of any unauthorized use
of User’s Account or any other breach of security. YogaTribes will not be
liable for any loss that User may incur as a result of someone else using
User’s password or Account, either with or without User’s knowledge. However,
User could be held liable for losses incurred by YogaTribes or another party
due to someone else using User’s Account or password. User may not use anyone
else's account at any time. User agrees to notify YogaTribes immediately if
User suspects any unauthorized use of User’s Account or access to User’s
password. User is solely responsible for any and all use of User’s Account.
ELIGIBILITY
The Services are not intended to be provided to any
person who is not at least 18 years old. By using the Services, User represents
and warrants that User is at least 18 years old and that (a) all information
User submits, including registration information is truthful and accurate; (b)
all information User posts on the Services is truthful and accurate; (c) User
will maintain the accuracy of all such information; and (d) User’s use of the
Services does not violate any applicable law or regulation. User agrees that
the failure to maintain accurate, complete and up-to-date information may
result in User’s inability to access and use the Services. User’s Account, if
any, may be deleted and/or terminated without warning and without any liability
whatsoever, if YogaTribes believes, in its sole discretion, that User is
violating these Terms.
USER
CONDUCT
User shall use the Platform and the Services for
lawful purposes only. User shall not post or transmit through the Platform any
material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, or which
encourages conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any law, or which, without YogaTribes’s express
prior approval, contains advertising or any solicitation with respect to goods
or services. Any conduct by a User that, in YogaTribes' sole discretion,
restricts or inhibits any other User from using or enjoying the Platform or the
Services will not be permitted. User shall not use the Platform to advertise or
perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other online information
services that compete with YogaTribes.
PAYMENT
You understand that use of the Services may result in
charges to you for the services or goods you receive from a Third Party
Provider (“Charges”). After you have received services or goods obtained
through your use of the Services, YogaTribes will facilitate your payment of
the applicable Charges on behalf of the Third Party Provider as such Third
Party Provider’s limited payment collection agent. Payment of the Charges in
such manner shall be considered the same as payment made directly by you to the
Third Party Provider. Charges will be inclusive of applicable taxes where
required by law. Charges paid by you are final and non-refundable, unless
otherwise determined by YogaTribes. You retain the right to request lower
Charges from a Third Party Provider for services or goods received by you from
such Third Party Provider at the time you receive such services or goods.
YogaTribes will respond accordingly to any request from a Third Party Provider
to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by YogaTribes
using the preferred payment method designated in your Account, after which
YogaTribes will send you a receipt by email. If your primary Account payment
method is determined to be expired, invalid or otherwise not able to be
charged, you agree that YogaTribes may, as the Third Party Provider’s limited
payment collection agent, use a secondary payment method in your Account, if
available.
As between you and YogaTribes, YogaTribes reserves the right to establish,
remove and/or revise Charges for any or all services or goods obtained through
the use of the Services at any time in YogaTribes’ sole discretion. YogaTribes
will use reasonable efforts to inform you of Charges that may apply, provided that
you will be responsible for Charges incurred under your Account regardless of
your awareness of such Charges or the amounts thereof. YogaTribes may from time
to time provide certain users with promotional offers and discounts that may
result in different amounts charged for the same or similar services or goods
obtained through the use of the Services, and you agree that such promotional
offers and discounts, unless also made available to you, shall have no bearing
on your use of the Services or the Charges applied to you. You may elect to
cancel your request for services or goods from a Third Party Provider in
accordance with such Third Party Provider’s cancellation policy posted on the
Platform, but bear in mind that in such case you may be charged a cancellation
fee.
CANCELLATION
You may cancel such Third Party Services that you
signed up for up to 3 hours before the scheduled start of such Third Party
Services and obtain a credit for the value of those Third Party Services in
your Account. If you cancel such Third Party Services less than 3 hours before
the start, any and all Charges will be due.
LICENSE
Subject to your compliance with these Terms,
YogaTribes grants you a limited, non-exclusive, non-sublicensable, revocable,
non-transferable license to: (i) access and use the Platform on your personal
mobile device or computer solely in connection with your use of the Services;
and (ii) access and use any content, information and related materials that may
be made available through the Services, in each case solely for your personal,
non-commercial use. Any rights not expressly granted herein are reserved by
YogaTribes and YogaTribes’ licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or
other proprietary notices from any portion of the Services; (ii) reproduce,
modify, prepare derivative works based upon, distribute, license, lease, sell,
resell, transfer, publicly display, publicly perform, transmit, stream,
broadcast or otherwise exploit the Services except as expressly permitted by
YogaTribes; (iii) decompile, reverse engineer or disassemble the Services
except as may be permitted by applicable law; (iv) link to, mirror or frame any
portion of the Services; (v) cause or launch any programs or scripts for the
purpose of scraping, indexing, surveying, or otherwise data mining any portion
of the Services or unduly burdening or hindering the operation and/or
functionality of any aspect of the Services; or (vi) attempt to gain
unauthorized access to or impair any aspect of the Services or its related
systems or networks.
LINKS
TO THIRD PARTY SITES
LINKS POSTED ON AND/OR THROUGH THE PLATFORM MAY LET
YOU LEAVE THE PLATFORM. SUCH LINKED SITES AND/OR ANY SERVICES AND GOODS OFFERED
ON THESE SITES ARE NOT UNDER THE CONTROL OF YOGATRIBES AND YOGATRIBES IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE AND/OR ANY SERVICES AND
GOODS OFFERED ON THESE SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. YOGATRIBES IS NOT RESPONSIBLE FOR ANY FORM OF
DATA TRANSMISSION RECEIVED FROM OR SENT TO ANY LINKED SITE. YOGATRIBES IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY YOGATRIBES.
DISCLAIMER
YOGATRIBES WORKS TO KEEP THE PLATFORM BUG-FREE AND
SAFE BUT THE USER AGREES TO USE THIS PLATFORM AT USER’S OWN RISK. YOGATRIBES IS
PROVIDING THE PLATFORM “AS IS”, “AS AVAILABLE” AND, TO THE FURTHEST EXTENT PERMITTED
BY APPLICABLE LAW, WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN ADDITION, NEITHER YOGATRIBES, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY
SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOGATRIBES IS A TECHNOLOGY SERVICES PROVIDER AND DOES
NOT PROVIDE ANY YOGA SERVICES. YOGATRIBES, ITS AFFILIATES AND THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO
REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE YOGA SERVICES PROVIDED BY
THE THIRD PARTY PROVIDERS, OR ANY ACTS OR OMISSIONS OF THE YOGA TEACHERS OR THE
YOGA STUDIOS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE OR THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT YOGATRIBES IS NOT LIABLE FOR THE OFFENSIVE, DEFAMATORY OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY
FROM SUCH CONDUCT RESTS ENTIRELY WITH USER.
TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL YOGATRIBES, ITS AFFILIATES, ITS SUPPLIERS OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING, UPDATING OR MAKING AVAILABLE THE PLATFORM, BE
LIABLE — WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS OR
CIVIL LIABILITY ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR
INABILITY TO USE THE, SERVICES OR THE PLATFORM, OR FOR ANY OTHER THIRD PARTY
CLAIMS OR LOSSES OF ANY NATURE — FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT, SERVICES AND GOODS AVAILABLE, OR MADE AVAILABLE, THROUGH
THE PLATFORM. IN ADDITION, NEITHER YOGATRIBES NOR ITS AFFILIATES OR SUPPLIERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN, OR PROVIDED THROUGH THE USE OF, THE PLATFORM, THE
SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless
YogaTribes, its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys' fees,
arising out of the use of the Services by User or User's Account.
NETWORK
ACCESS AND DEVICES
You are responsible for obtaining the data network
access necessary to use the Services. Your mobile network’s data and messaging
rates and fees may apply if you access or use the Services from a
wireless-enabled device and you shall be responsible for such rates and fees.
You are responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and Platform and any updates thereto.
YogaTribes does not guarantee that the Services, or any portion thereof, will function
on any particular hardware or devices. In addition, the Services may be subject
to malfunctions and delays inherent in the use of the Internet and electronic
communications.
UNSOLICITED
IDEA SUBMISSION POLICY
YogaTribes or any of its employees or representatives
do not accept or consider unsolicited ideas, including ideas for new
advertising campaigns, new promotions, new goods or technologies, processes,
materials, marketing plans or new product names. Please do not send any
original creative artwork, samples, demos, or other works. The sole purpose of
this policy is to avoid potential misunderstandings or disputes when
YogaTribes' goods or marketing strategies might seem similar to ideas submitted
to YogaTribes.
MONITORING
YogaTribes shall have, in its sole discretion, the
right, but not the obligation, to (i) monitor the content of the Platform to
determine compliance with these Terms and any operating rules established by
YogaTribes and to satisfy any law, regulation or authorized government request;
(ii) edit, refuse to post or remove any material submitted to or posted on the
Platform; and (iii) remove any material that YogaTribes, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
INTELLECTUAL
PROPERTY
The Platform contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire contents of
the Platform are copyrighted as a collective work under copyright laws.
YogaTribes owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. User may
not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of
YogaTribes and/or the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall be made.
User shall not upload, post or otherwise make
available on the Platform any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User. User shall be
solely liable for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material onto any area, section, function, feature or component of the
Platform, User automatically grants YogaTribes, or warrants that the owner of
such material has expressly granted YogaTribes, a royalty-free, perpetual,
irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store or
reproduce the material for that User's personal use. User hereby grants
YogaTribes the rights to edit, copy, publish and distribute any material made
available on the Platform by User.
The intellectual property provisions set forth in
these Terms are for the benefit of YogaTribes, its subsidiaries, affiliates and
its third-party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
COPYRIGHT,
NOTICE AND LIMITED LICENCE
All contents of this Platform are: © 2017 © 2024 YogaTribes Inc. All rights reserved.
YogaTribes is a trademark in Canada and/or other countries. The information,
content, graphics, text, sounds, images, buttons, trade marks, service marks,
trade names and logos (“Materials”) contained in this Platform are protected by
copyright, trademark, database right, sui generis right and other intellectual
property laws under national laws and international treaties. YogaTribes or its
licensors (as the case may be) retain all right, title, interest and
intellectual property rights in and to the Materials. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, Materials, software,
goods or services obtained from or through the Platform.
The names of actual companies and goods mentioned
herein may be the trademarks of their respective owners.
YogaTribes’ logos are trademarks of YogaTribes.
Other than expressly provided herein, nothing in these
Terms shall be construed as conferring by implication or otherwise any licence
or right under any copyright, trademark, database right, sui generis right or
other intellectual property or proprietary interest of YogaTribes, its
licensors or any third party. Any persons breaching any of these Terms may be
prosecuted. All rights reserved. All other trademarks appearing on or through
the Platform are the property of their respective owners.
If you are aware of an infringement of our brand,
please let us know by e-mailing us at [email protected].
Any rights not expressly granted herein are reserved.
TERMINATION
YogaTribes shall have the right to immediately
terminate User's Account in the event of any conduct by User which YogaTribes,
in its sole discretion, considers to be unacceptable, or in the event of any
breach by User of these Terms.
NO
WAIVER
No waiver by YogaTribes or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
SECTION
HEADINGS
The section headings used herein are for convenience
only and shall not be given any legal import.
SEVERABILITY
In the event that any provision (or part thereof) of
these Terms is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these
Terms; such determination shall not affect the validity and enforceability of
any other remaining provisions.
ENTIRE
AGREEMENT
These Terms and any operating rules for the Platform
established by YogaTribes constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written or
oral agreements between the parties with respect to such subject matter.
APPLICABLE
LAW
These Terms shall be construed in accordance with the
laws applicable in the province of Quebec, Canada, without regard to its
conflict of laws rules. User hereby agrees, for any claim or lawsuit resulting
from any reason whatsoever in relation with these Terms, the Platform or the
Services, to attorn to the judicial district of Montreal, province of Quebec,
Canada, as the appropriate location for the hearing of any claim or lawsuit and
excluding any other judicial district of Quebec or elsewhere which might have
jurisdiction with respect to any such matter.
LANGUAGE
The parties hereto have expressly agreed that the
present Terms as well as any ancillary documents be drafted in English only. Les parties ont expressément convenu que ces
conditions d’utilisation de même que tous les documents qui s’y rattachent
soient rédigées en anglais seulement.
LIABILITY RELEASE
You should consult your doctor before participating
in yoga and fitness activities if you are pregnant or have any pre-existing illness or injury,
including but not limited to: cardiac or respiratory distress ; back, neck and / or muscle pain;
or common problems.
DISCLAIMER OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND AGREEMENT INDEMNITY.
By participating in the yoga activities and classes offered by YogaTribes, I acknowledge and agree that:
Therefore, I expressly release YogaTribes, its owners, employees, clients and representatives, from any liability for injuries, damages or losses that I may suffer while participating in the center's activities, except in cases of serious misconduct on their part.
