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  © 2018 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 corporate@YogaTribes.com.

 

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.