YogaTribes Terms of Service


Please read these terms or service (the “Agreement”) carefully before using the services offered by YogaTribes (“YogaTribes”, “we”, “us”). This Agreement sets forth the legally binding terms and conditions for your (“you”, User”) use of www.YogaTribes.com (the “Website”) as well as any and all products and services offered by YogaTribes. By accessing or using the Website, you agree to be bound by this Agreement. If you do not accept all of these terms and conditions please do not use the Website. We reserve the right, at any time and at our sole discretion, to change or otherwise modify this Agreement without prior notice, and your continued access or use of the Website signifies your acceptance of the updated or modified Agreement.

Description of Service

The Website is provided to assist Users in gathering information related to yoga and receiving information and updates from selected yoga studios, teachers, and Users of the Website and for no other purposes (“Services”). YogaTribes is not responsible for damages or injuries incurred in the course of using the Website or products or services offered by third parties, you alone are responsible for determining your physical limits and the wisdom of undertaking any course of action recommended or taught on the Website or in products or services offered herein. YogaTribes reserves the right to modify or terminate the Website and any of its Services for any reason, without notice, at any time.

Use of Service

As a condition of your use of the Website, you warrant that (i) all information supplied by you on the Website is true, accurate, current and complete; (ii) you will safeguard your account information and be completely responsible for any use of your account by anyone other than you; and (iii) you are 16 years of age or older. You are solely responsible for maintaining the confidentiality of any password associated with any account you use to access the Website and for any and all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify YogaTribes immediately. You understand that through your use of the Services you consent to YogaTribes’ collection and use of your registration data and certain other information about you as set forth in our Privacy Policy. In order to use some of the Services, you may need to register by providing your real name, e-mail address, photograph, and/or other relevant information.

We retain the right, at our sole discretion, to review all registration applications and deny access to anyone to the Website and the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. You may not transfer or assign your registration to any other party.

Directory Listing

Yoga teachers, owners or authorized managers of yoga studios (collectively, “Professional(s)”) are listed on the YogaTribes Website directory (“Directory”) and assigned a professional listing (“Listing”). The Directory allows Professionals, to claim an existing Listing, and to edit and correct the information in YogaTribes’ database, or, if their business is not yet part of the YogaTribes’ database, to create a new Listing. As part of the features available through the Service, Yoga teachers can view information about YogaTribes User interaction with their Listing, post messages to Users of the Website who have opted to receive such messages, post information about events associated with the Listing, and have their Listing featured or highlighted on specific pages of the Website.

By claiming or creating a Listing on YogaTribes, you agree to the following: (i) The Directory may only be used to promote a yoga business which falls into the categories of yoga teacher or yoga studio; (ii) You hereby grant YogaTribes the right to display your Listing information on the YogaTribes Website, partner websites, and in emails that are related to any of YogaTribes’ Services. Failure by YogaTribes to publish any Listing information does not constitute a breach of contract or otherwise entitle you to any legal remedy; (iii) You may only administer a Listing if you are an authorized representative of the business represented in the Listing; (iv) All Content posted on the Listing will be made available to all Users of the Services; (v) You may not display any Content on your Listing that is an advertisement or could be construed as an advertisement for anything other than the business promoted in the Listing; (vi) You will not direct your Listing, or any Content on your Listing, to children under the age of 16; (vii) You will not use deceptive practices to encourage Users to “rate” your Listing; (viii) You are solely responsible for the content provided on your Listing and any website linked to from such Listing, and shall indemnify YogaTribes for all losses, costs, and damages in connection with any claims of infringement of any third party rights; (ix) It is your obligation to submit Listing information and Content in accordance with YogaTribes’ then existing criteria or specifications; (x) Failure to comply with all requirements of this Agreement may delay or prevent the display of your Listing and shall give YogaTribes the right to immediately terminate the applicable Listing.

Listing Eligibility

In order to claim a Listing on YogaTribes, a Professional must be approved by YogaTribes and is subject to the applicable verification process to access the Service. Whether you are claiming an existing YogaTribes Listing or creating a new one, you represent and warrant that you have the authority to bind the relevant business entity to this Agreement. YogaTribes may, at its sole discretion and without liability, refuse to offer the Services to any person or entity and change its eligibility criteria at any time, as well as reject, remove and/or cancel any information in the Directory that contain content or links which do not meet YogaTribes’ specifications.

Each Listing manager must complete the registration process by providing YogaTribes with current, complete and accurate information, as specifically required by the then current registration and verification procedures. You represent and warrant that all registration information you submit is accurate and truthful. You must keep your account information up-to-date and accurate at all times. Such information must include a valid email address and telephone number. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You will immediately notify YogaTribes in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Content and Submissions

YogaTribes is not responsible for information, data, text, music, sound, photographs, graphics, video, code, messages, logos, tags, or any other material (collectively, “Content”) posted, stored or uploaded by Users or Professionals. YogaTribes makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for, without limitation, any errors or omissions in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

The Website may contain bulletin boards, review services or other forums in which you or third parties may post Content, reviews, messages, materials or other items on the Website (“Forum(s)”). You are solely responsible for your use of such Forums and you understand that by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

YogaTribes is not liable for any statements, representations, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or other Content provided by its Users in any Listing, public forum, profile page or other Forum. Although YogaTribes has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Forum, YogaTribes reserves the right, and has absolute discretion to remove, screen or edit, without notice, any Content posted or stored on the Website at any time and for any reason.

Please be aware that by submitting Content to the Website including any reviews, articles, posts, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you represent that you have the right to use, reproduce, publish and distribute such Content, and you grant YogaTribes a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, publish and distribute such Submissions throughout the world in any media, now known or later developed. If you retain moral rights in the Content, you forever waive all such moral rights in any of the Content or Submissions.

You may not modify, copy, display, reproduce, publish, license, transfer, distribute or create derivative works from Content obtained from the Website including, but not limited to, the infrastructure used to provide such content and information, which is proprietary to YogaTribes, as well as all software, code, products or services, data, text, music, sound, photos, graphics, video, maps, icons or other material, unless you have been explicitly granted a license to do so by the owner of such content.

Any use of the Forums or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Forums and the Website.

Prohibited Activities

Without limiting any other provision of this Agreement, by using the Website, you expressly agree that you will not: (i) upload, post, email, transmit, distribute, publish or otherwise make available (“Distribute”) any Content or Submissions that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, indecent, obscene, libellous, threatening, invasive of another’s privacy, inflammatory, fraudulent, hateful or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, a YogaTribes official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) Distribute any Content or Submissions that you do not have a right to make available under any law including Content or Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) act in a manner that negatively affects other Users’ enjoyment of the Services; (v) set up additional account(s) to be used for deceptive purposes; (vi) access, monitor or copy any Content or information of the Website using any robot, spider, scraper or other automated means for any purpose without our express written permission; (vii) deep-link to any portion of the Website for any purpose without our express written permission; (viii) “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization; or (ix) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software or code used by YogaTribes in connection with the Website or the Services.

Dealings with Other Users

You may be exposed to advertising on the Website or through the Services or related communications from YogaTribes. YogaTribes may also provide one or more Services through which users can transact with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other Users found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that YogaTribes shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on the Website.

BECAUSE YOGATRIBES IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND PROFESSIONALS AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU, A PROFESSIONAL, ADVERTISER OR OTHER USER, EACH OF YOU RELEASE YOGATRIBES (AND ITS AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, WEBSITE OR SERVICES.

LIMITATON OF LIABILITY

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. YOGATRIBES DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE LISTINGS, AND ANY OTHER PRODUCTS OR SERVICES DISPLAYED ON THIS WEBSITE. ANY REVIEWS, CONTENT, OR SUBMISSIONS POSTED ON YOGATRIBES ARE THE SUBJECTIVE OPINIONS OF USERS. YOGATRIBES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

BY LISTING INFORMATION, SERVICES AND PRODUCTS RELEVANT TO WELLNESS AND EXERCISE PROGRAMS, YOGATRIBES DOES NOT REPRESENT OR WARRANT THAT SUCH PROGRAMS ARE ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR INJURIES, DAMAGES OR LOSSES THAT MAY RESULT FROM UNDERTAKING ANY WELLNESS OR EXERCISE ACTIVITY TAUGHT OR RECOMMENDED ON THE WEBSITE WHETHER THROUGH LISTINGS OR PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.

IN NO EVENT SHALL YOGATRIBES (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF YOGATRIBES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL YOGATRIBES, OR ANY OF ITS AFFILIATES, BE LIABLE FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY YOGATRIBES FROM YOU FOR THE PAID SERVICES AT ISSUE.

Links to Third-Party Sites

The Website may contain hyperlinks to websites operated by parties other than YogaTribes. Such hyperlinks are provided for your reference only. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Because we have no control over such sites and resources, you acknowledge and agree that YogaTribes is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources, or for the privacy or other practices, or the availability of such external websites or resources.

Termination of Account

You agree that YogaTribes may, without liability and without prior notice, immediately terminate your account, any associated account(s), and restrict your access to any Service(s) or the Directory indefinitely or for a set period of time. A termination of an account, whether temporary or permanent, may include limitations to accessing any Service(s), but your profile, including your Listing, posts, including any Content and Submissions, will not be deleted unless you instruct YogaTribes to remove your profile. Further, you agree that any termination by YogaTribes shall be at YogaTribes’ sole discretion and that YogaTribes shall not be liable to you or any third party for any termination of your account, any associated Listing, Content, Submissions, or access to the Service(s).

YogaTribes reserves the right, without liability, to keep on its public database a basic Listing for any existing Yoga Professional, even after having received a request for a self-initiated account deletion. Such a professional Listing will contain basic information and will be reviewable by registered Users of the Website.

Copyright and Trademark

All contents of the Website are: ©2016 YogaTribes. All rights reserved. YogaTribes, the logo, names or slogans displayed on the Website are registered and/or common law trademarks of YogaTribes Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YogaTribes or the applicable trademark holder.

You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YogaTribes, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any Content, whether in whole or in part.

General

The laws of Quebec and Canada govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of the courts in Montreal, Quebec for all disputes arising out of or relating to the use of the Website. In the event of any dispute between you and YogaTribes, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by YogaTribes in its sole discretion.

The failure of YogaTribes to exercise or enforce any right or provision of this Agreement or any agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remaining provisions in this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and YogaTribes.