Yoga Juju Terms and Conditions of Use Agreement

 

Welcome to Yoga Juju!

 

We are a service that provides our visitors and members with access to video motion pictures, television, live streams and other audio-visual entertainment (“Yoga Juju content") streamed over the Internet to certain Internet-connected TV's, computers and other devices.

 

We provide our visitors and members with high quality videos of yoga, fitness classes, strength and stretch routines, foundational moves, information about fitness and bringing together a community of people that are interested in beginning a fitness routine for the first time or getting into shape after a long time away from fitness, as well as those who practice daily.

 

This Website is not directed to persons under eighteen (18) years of age without parental or guardian supervision.

 

The Website is owned by Yoga Juju, LLC. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Yoga Juju, the mobile or tablet versions thereof, any Yoga Juju software, and any applications created by Yoga Juju whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any Yoga Juju applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Yoga Juju and such social networking site, mobile or tablet device, or internet television or other technology platform.

PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

 

1. Acceptance of Terms

These Terms of Use, which include our Privacy Policy and Code of Conduct, govern your use of the Yoga Juju, service.  This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a  “Visitor” (which means that you simply browse the Service) or you are a  “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We reserve the right to change, update, or correct any of the Terms at any time without notice by posting amended terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.

We will continually update the Yoga Juju service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Yoga Juju content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You may view Yoga Juju content through the Yoga Juju service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Yoga Juju content. The content that may be available to watch will vary by geographic location.

You agree to use the Yoga Juju service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.  Except as explicitly authorized in these Terms of Use, you agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Yoga Juju service without express written permission from Yoga Juju and its licensors.

The availability of Yoga Juju content to watch will change from time to time, and from country to country. The quality of the display of the Yoga Juju content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Yoga Juju makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Yoga Juju content show will vary based on a number of factors, including your location, available bandwidth at the time, the Yoga Juju content you have selected and the configuration of your Yoga Juju ready device.

You may access Website and Content as available for Streaming. (“Streaming” or  “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Yoga Juju Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream Yoga Juju Content, the resolution and quality of Yoga Juju Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Yoga Juju Content you will receive.

In order to be able to Stream or download Yoga Juju Content from the Service and to view Yoga Juju Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a  “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

The Yoga Juju website and/or software is developed by, or for, Yoga Juju and is designed to enable streaming and viewing of content from Yoga Juju through Yoga Juju ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Yoga Juju AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Yoga Juju service. If your Yoga Juju ready device is sold, lost or stolen, please deactivate the Yoga Juju ready device. If you fail to log out or deactivate your device, subsequent users may access the Yoga Juju service through your account and may be able to access certain of your account information.

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Yoga Juju service. These Applications may import data related to your Yoga Juju account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Yoga Juju is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Yoga Juju AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are in violation of any of these Terms of Use or engaged in illegal or improper use of the service.

The Yoga Juju service, including all content provided on the Yoga Juju service, is protected by copyright, trade secret or other intellectual property laws and treaties.

Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A. without regard to conflict of laws provisions. This Agreement is subject to the exclusive jurisdiction and venue of the courts located in Austin, Texas.

 

2. Arbitration Agreement and Class Action Waiver

You and Yoga Juju agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Yoga Juju further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and Yoga Juju further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.

By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.  All arbitration or small claims proceedings under this Agreement shall be held exclusively in Austin, Texas.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the  “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at 800-788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against Yoga Juju; (2) preside over any kind of representative or class proceeding against Yoga Juju; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.

You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.

If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

3. Health Disclaimer and Waiver of Liability

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Yoga Juju instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Yoga Juju is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Yoga Juju videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Yoga Juju, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.

You understand that Yoga Juju reserves the right to refuse your participation in any Activity on medical, fitness or any other grounds. You are aware that your participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries or conditions that you may have. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury. In consideration of being permitted to participate in the Activities, 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 the Activities including those which may result from the negligence of Yoga Juju.

You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Yoga Juju, or any person or entity involved with Yoga Juju, including without limitation its directors, principals, instructors, workshop presenters, independent contractors, employees, agents, contractors, affiliates and representatives (each, a “Released Party). You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.

“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that you may suffer, you spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.

 

4. Code of Conduct and Prohibited Conduct

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively,  “Content”) that:

• interferes with or disrupts the Service;

• is contrary to the interests of Yoga Juju;

• may damage, lessen, or harm the goodwill or reputation of Yoga Juju or its services;

• is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;

• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• exploits people in a sexual or violent manner;

• contains nudity, violence, pornography, sexually explicit material or offensive subject matter;

• provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information from other Members;

• involves commercial activities and/or sales without Yoga Juju’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;

• includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;

• denigrates, ridicules, or demeans another person; or

• contains a virus or other harmful component.

Any individual, or group, who violates the code of conduct during a private session, will have their session ended immediately, shall forfeit any and all monies paid for the session, and will be banned from further use of private sessions with any Yoga Juju teacher.

Filming and/or recording of any Yoga Juju content, weather pre-recorded or live streaming private sessions, is strictly prohibited and forbidden.

Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Yoga Juju server or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Yoga Juju's systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person's use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Yoga Juju on or through the Service, or (h) use the Service in an unlawful manner.

 

5. No Refunds. PAYMENTS FOR VIDEOS ARE NONREFUNDABLE, THERE ARE NO REFUNDS.

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6. Payment Methods.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.  For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

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7. Passwords & Account Access.

The member who created the Yoga Juju account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Yoga Juju account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Yoga Juju Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Yoga Juju website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Yoga Juju reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Yoga Juju is not obligated to credit or discount a membership for holds placed on the account by either a representative of Yoga Juju or by the automated processes of Yoga Juju.

 

8. Disclaimers of Warranties and Limitations on Liability.

THE Yoga Juju SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THERE WITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Yoga Juju SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Yoga Juju DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Yoga Juju SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Yoga Juju SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Yoga Juju READY DEVICES, AND Yoga Juju SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Yoga Juju, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

 

9. Gifts and Promotions.

Gift cards for the Yoga Juju service may be available for purchase at third-party outlets and websites, which can be redeemed on our website. From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once. If you received a promotional code through an offer by a third party, additional conditions may apply.

 

10. Use of Information Submitted.

Use of Information Submitted. Yoga Juju is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Yoga Juju service, including the Yoga Juju website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Yoga Juju service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Yoga Juju does not accept unsolicited materials or ideas for Yoga Juju content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Yoga Juju. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Yoga Juju and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

 

11. Cancellation Policy For Live Streaming Sessions.

Your appointments and well-being are very important to us. We understand that sometimes, unexpected delays can occur, making schedule adjustments. If you need to cancel your appointment for a private streaming session, we respectfully request your notification.

Our Policy:

Cancellations made three (3) days or more in advance of the Appointment date will receive a 100% refund. Cancellations made within two (2) days will receive a 50% refund. Cancellations made within twenty-four (24) hours will not receive a refund.

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12. Agreement to Terms.

You acknowledge that you have carefully read this section of the Terms of Use and fully understand its contents. You voluntarily and knowingly agree to these Terms of Use. You are aware that by accepting these Terms of Use, you are giving up substantial rights, including your right to sue and certain legal rights your heirs, next of kin, executors, administrators and assigns may have against any Released Party.

 

 

Last Updated: September 12, 2020