AUDIBLE YOGA LLC TERMS OF SERVICE
Audible Yoga LLC ("Audible Yoga") offers high quality audio streams and downloads of yoga classes and related content to its subscribers.
1. Acceptance of the Terms
1.1 Your Agreement
These Terms of Service ("Terms") govern your access to and use of the website, products, data, services, and Content provided to you on, from, or through the http://audibleyoga.com/ website, mobile or tablet apps and any applications created by Audible Yoga or its affiliated companies ("Audible Yoga Service").
“Content” includes the audio files, text, graphics, photos, music, audiovisual combinations, interactive features, collections and other materials you may view on or access through the Audible Yoga Service.
1.2 Changes to the Terms
We may modify these Terms at any time, and such modification shall be effective upon its posting on this website. You agree to be bound by such modifications when you use the Audible Yoga Service after any such modification is posted. You should review these Terms regularly.
2. Access and Use of the Audible Yoga Service
2.1 Your License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Audible Yoga Service for personal, non-commercial purposes as set forth in these Terms.
2.2 Conditions for General Use
Your use of the Audible Yoga Service is solely for your personal, noncommercial use. You agree not to copy, upload, republish or distribute in any medium any part of the Audible Yoga Service (including the Content) without Audible Yoga’s prior written authorization. You agree not to alter or modify any part of the Audible Yoga Service, including the Content.
The trademarks, service marks and logos used and displayed on the Audible Yoga Service are Audible Yoga’s registered and unregistered trademarks. Audible Yoga is the copyright owner or authorized licensee of all text and all graphics contained on the Audible Yoga Service. Other parties’ trademarks and service marks that may be referred to on the Audible Yoga Service are the property of their respective owners.
Nothing on the Audible Yoga Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Audible Yoga’s trademarks or service marks without Audible Yoga’s prior written permission. Audible Yoga aggressively enforces its intellectual property rights. Neither the name of Audible Yoga nor any of Audible Yoga other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Audible Yoga Service or otherwise, without Audible Yoga’s prior written permission, except that a third-party web site that desires to link to the Audible Yoga.com may use the name “Audible Yoga” in or as part of that link.
You agree to comply with all applicable laws in your use of the Audible Yoga Service, including patent, trademark, copyright, privacy, or other proprietary rights.
2.4 Access and Use of the Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
(i) Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the Audible Yoga Service and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise commercially exploit any Content for any other purposes without the prior written consent of Audible Yoga or the respective licensors of the Content. Audible Yoga and its licensors reserve all rights not expressly granted in these Terms to the Audible Yoga Service and the Content.
(ii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Audible Yoga Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Audible Yoga Service or the Content.
(iii) You understand that when using the Audible Yoga Service, you will be exposed to Content from a variety of sources, and that Audible Yoga is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Audible Yoga with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Audible Yoga, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Audible Yoga Service.
3. Health Disclaimer
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 in the Content, 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, described in any of the Content. Audible Yoga 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 to be carried out at your election while using the Audible Yoga Service. Nothing contained in the Audible Yoga Service should be construed as any form of such medical advice or diagnosis.
By using the Audible Yoga 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 the activities suggested by the Content, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. 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 Audible Yoga, or any person or entity involved with Audible Yoga, including without limitation its directors, principals, licensors of Content, independent contractors, employees, agents, contractors, affiliates and representatives.
4. Audible Yoga Accounts
In order to access the Audible Yoga Service, you will have to create a Audible Yoga account.
4.1. General Registration Requirements
You agree to provide accurate and complete information when creating your account, and it is your responsibility to maintain and promptly update your account information to keep it true, accurate, current and complete. Audible Yoga’s content is not directed to persons under 18 years of age, and by providing information about yourself to Audible Yoga you are representing that you are eighteen 18 years of age or older. In consideration of your use of the Audible Yoga Service, you represent that you are of legal age to form a binding contract. If you provide any information that is untrue, inaccurate, not current or incomplete, Audible Yoga reserves the right to suspend or terminate your account at any time.
4.2 Account Password and Security
You may never use another's account without permission. You may not share, give or sell your password or username to any other person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Audible Yoga immediately of any breach of security or unauthorized use of your account. Although Audible Yoga will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Audible Yoga or others due to such unauthorized use. Audible Yoga reserves the right to terminate any user account it believes has been compromised, or is being used fraudulently, at its own discretion.
Subscriptions are billed monthly or annually. Monthly subscriptions are renewed automatically until cancelled. If a subscription is terminated due to a violation of this Agreement, Audible Yoga will not reimburse the subscriber for the remainder of any paid month, nor will reimbursements be made for subscriptions cancellations prior to any monthly renewal date. Subscribers may cancel their subscriptions at any time. Subscriptions must be canceled prior to the renewal date in order to end subscription charges.
When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Audible Yoga later increases the price of the subscription, Audible Yoga will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
5. Copyright Policy
5.1 Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification in writing to the following mailing address:
Audible Yoga LLC
238 Calle Serrento
Goleta, California 93117
Each notification must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AUDIBLE YOGA SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AUDIBLE YOGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AUDIBLE YOGA SERVICE AND YOUR USE THEREOF. AUDIBLE YOGA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE AUDIBLE YOGA SERVICE. AUDIBLE YOGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AUDIBLE YOGA SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AUDIBLE YOGA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
IN NO EVENT SHALL AUDIBLE YOGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AUDIBLE YOGA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Audible Yoga Service is controlled and offered by Audible Yoga from its facilities in the United States of America. Audible Yoga makes no representations that the Audible Yoga Service is appropriate or available for use in other locations. Those who access or use the Audible Yoga Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Audible Yoga, its parent corporation, officers, directors, licensors of Content, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Audible Yoga Service and the Content; (ii) your violation of any provision of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property, contractual or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Audible Yoga Service.
9. Ability to Accept Terms
You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.