terms & conditions – Yoga for Dudes

TERMS AND CONDITIONS

Introduction

Thank you for using the This is Yoga for Dudes platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”). These terms and conditions describe the use of the platform, the rights, and obligations of the platform and constitute the final service agreement.

Our Service

These terms and conditions describe the operation of the This is Yoga for Dudes web platform and determine the way it provides services. This is Yoga for Dudes is an online platform, located on the website www.yogafordudes.com, which allows users to learn yoga in a dynamic way, with pillars of respect and harmony that promote real learning. The Service allows you to take live and prerecorded yoga classes with our experienced teachers thereby improving your yoga technique. The platform also provides a forum for people to connect, inform, and inspire others across the globe.

This is Yoga for Dudes Inc. can be accessed through the site www.yogafordudes.com, a privately owned corporation operating under the laws of Connecticut, located at This is Yoga for Dudes P.O. Box 71 Washington Depot, CT. 06794 (referred to as “This is Yoga for Dudes”, “we”, “us”, or “our”).

Intellectual Property and Ownership of Site Content

The Website contains material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of This is Yoga for Dudes (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. This is Yoga for Dudes reserves all the intellectual property rights derived from the This is Yoga for Dudes website, the structure of the databases, page design, design and content of the courses and others that have been created and those that are developed for use or exploitation.

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites (“Site Content”) are owned, controlled or licensed by This is Yoga for Dudes, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.

The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of This is Yoga for Dudes as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.

We License our site content to you

You may visit our Sites without further permission from This is Yoga for Dudes. This is Yoga for Dudes grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the Site Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you download or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).

Content on the Site

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials provided by This is Yoga for Dudes or a third-party (collectively, “Content”). You can use parts of the Service, through browsing and searching for Content, without having an This is Yoga for Dudes account. However, you do need an This is Yoga for Dudes account to use some features. Creating a This is Yoga for Dudes account will give you access to additional features and functions.

This is Yoga for Dudes is under no obligation to host or serve Content.

Registered User and Access

Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to our Site, you agree to provide only true, accurate, current, and complete information.

Only those people over the age of eighteen (18) years old and/or have the capacity to contract may use the services offered through the This is Yoga for Dudes platform. The user must be registered by whomever has the legal capacity to contract on behalf of that person. Only the person who carries out the registration process may be a user of the services offered. Therefore, if you wish to access the services offered, you must register, accept these terms and conditions established here and authorize the processing of your personal data.

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. This is Yoga for Dudes reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Sites, in whole or in part, from time to time without any liability to you.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.

To protect your This is Yoga for Dudes account, keep your password confidential. You should not reuse your This is Yoga for Dudes account password on third-party applications.

Services Offered through the This is Yoga for Dudes website

Through the site www.thisisyogafordudes, Teachers who have registered can give private and group yoga classes, under the following conditions:

The student may request the scheduling of a private class with one of the teachers who are part of the This is Yoga for Dudes platform in accordance with the availability of the calendar that each teacher defines directly within the platform. These classes are individual and have a cost that can be consulted on our website.
Students reserve the right to change or cancel their scheduled class up to 12 hours before the class.
If the student fails to appear in a scheduled class, the student will be considered a no-show and the student will not be refunded for the missed class.
The registered teacher will establish the class times in which he/she is willing to accept appointments with students. The scheduling is set-up in such a way that students can freely choose and schedule themselves. The times set by the teacher imply the automatic acceptance of the classes that are scheduled in said schedule.
The scheduling made by a student within the teacher’s available slot becomes an obligation for both parties, which implies a commitment to pay for the teacher.
The registered teacher will be able to coordinate the conversation room with a group of students who are part of the This is Yoga for Dudes platform.
Each class is individual and has a fixed and standard cost that can be consulted on our website. The price is standard for the purposes of facilitating the contracting of the services of each teacher directly by each of the students. However, the This is Yoga for Dudes may set prices and make promotions to attract students.
The chat rooms are constituted with several students and have a fixed and standard cost that can be consulted on our website. The price is standard for the purposes of facilitating the contracting of the services of each teacher directly by each of the students.
Selling retreats for the purpose of learning yoga.
To sell This is Yoga for Dudes ebooks, merchandise, and other materials.
Others not expressly provided in this platform.

E-Commerce

Our Sites may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. This is Yoga for Dudes may automatically charge and withhold the applicable sales tax for your orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on your orders.

Sometimes the Sites may offer products or services for sale or license via an in-app or similar purchase where the transaction is facilitated by the operator of a third-party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, This is Yoga for Dudes shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for such product or service listed at the incorrect price. This is Yoga for Dudes shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, This is Yoga for Dudes will issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify This is Yoga for Dudes’s acceptance of your order, nor does it constitute confirmation of This is Yoga for Dudes’s offer to sell. This is Yoga for Dudes reserves the right at any time after receipt of your order to accept or decline your order for any reason. This is Yoga for Dudes reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. This is Yoga for Dudes may require additional verifications or information before accepting any order.

User information that This is Yoga for Dudes collects from you

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Site. By agreeing to our Terms and Conditions, you also consent to our Privacy Policy available here (“collectively the agreement”). This is Yoga for Dudes collects and stores the email address and information that is provided when users create an account on the site including name, location, and native language spoken. This is Yoga for Dudes does not store personal credit card or payment information.

This is Yoga for Dudes records each private class for the student’s practice. The class is recorded (voice and image) by Zoom, stored in the Zoom cloud and automatically deleted from the Zoom cloud after 48 hours. When you take private classes through the site, only that class is shared with the student in the private class (the teacher also shares their image and voice). By agreeing to the terms and conditions, you permit This is Yoga for Dudes to use your image and likeness for this purpose and for promotional materials.

How This is Yoga for Dudes uses Your private Information

Users of the This is Yoga for Dudes website expressly authorize This is Yoga for Dudes to use the data stored in its databases in order to generate anonymous statistics on the use of the platform and/or send them commercial information regarding the services offered, promotions and others that correspond with the This is Yoga for Dudes and/or its allies. When statistical work is carried out, the data is used without being related to its owner, that is, it is anonymized for the purpose of measuring the preferences of users in general. The measurements made and their results may be subsequently used for marketing without relating the data directly to any of the users.

The This is Yoga for Dudes only allows access to personal data stored to the person who has entered it and to the work team that she directs for the provision of the service.

If This is Yoga for Dudes is compelled by law through the appropriate judicial and administrative authorities to provide user information, This is Yoga for Dudes will comply with such order without notice to the user

The This is Yoga for Dudes will deploy all the means that are within its reach and that derive from the obligations provided for in the law to try to protect personal data and other information stored in its databases.

The personal data that the This is Yoga for Dudes collects in the development of the provision of the service are subject to the personal data protection policies of the This is Yoga for Dudes website, which can be accessed through the page www.yogafordudes.com. In case you have a request, complaint, claim or wish to exercise any of the rights derived from the processing of personal data, please send an email to info@yogafordudes.com.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from This is Yoga for Dudes and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with This is Yoga for Dudes’s robots.txt file; or (b) with This is Yoga for Dudes’S prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with This is Yoga for Dudes’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed by This is Yoga for Dudes´s policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where This is Yoga for Dudes videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or This is Yoga for Dudes.

Develop, Improve, and Updates to the site and services

This is Yoga for Dudes is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of our Services or Site) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Services or Site, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the This is Yoga for Dudes Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Various updates or upgrades may be offered to you, and may be offered to you for a separate fee. The applicable updates or upgrades may be accompanied by additional terms and conditions. You are under no obligation to accept any update or upgrade for which a fee may be charged.

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time or unsubscribe from any This is Yoga for Dudes marketing anytime. You can write to info@yogafordudes.com to delete your account which will remove all your data.

Terminations and Suspensions by This is Yoga for Dudes

This is Yoga for Dudes reserves the right to terminate your account or otherwise deny you access in its sole discretion, and to do so without notice except as may be required by applicable law. This is Yoga for Dudes reserves the right to suspend or terminate your This is Yoga for Dudes account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, This is Yoga for Dudes or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by This is Yoga for Dudes unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, This is Yoga for Dudes or our Affiliates.

Digital Millennium Copyright Act

This is Yoga for Dudes respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

This is Yoga for Dudes

P.O. Box 71

Washington Depot, CT. 06794

info@thisisyogafordudes

If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Third-Party Links and external sites

The Service may contain links to third-party websites and online services that are not owned or controlled by This is Yoga for Dudes.

This is Yoga for Dudes has no control over, and assumes no responsibility for, such websites and online services. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

When you purchase This is Yoga for Dudes products or services through such a third-party store, your billing relationship will be with the third party and additional terms imposed by the third party may apply to your purchase. The Site also may include third party content that we do not control, maintain or endorse. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk

Termination of the Agreement

The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

Changing this Agreement

We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business – for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provision. Your acceptance of these Terms and Conditions mean you consent to personal jurisdiction in those courts.

Definition

The definitions consist of terms and/or expressions to which the user may be exposed when using the This is Yoga for Dudes platform. If the expressions defined here have another meaning in common language or according to the context in which they are used, for the purposes of these terms and conditions they will be treated as defined below. When a term does not appear defined in the following list, it must be understood by the teacher in its common meaning according to the context in which it is presented.

For the purposes of these terms and conditions, the following definitions are established:

Methods of payment: System made available by This is Yoga for Dudes to make the payment of the services to which the user (student) of the website wants to access. The available payment methods are the following:

PAYPAL: Users may use the PayPal online payment system to make payments and cover the costs derived from the services they wish to contract from the platform. This system offers an additional benefit in that it does not fully share your financial information, which results in greater security.
STRIPE: Users of the platform who wish to make their payments under this modality must have a credit card that allows them to carry out financial transactions through the Internet;

Platform or website: It is the virtual environment in which the site thisisyogafordudes works and the means through which you have access to the services offered by This is Yoga for Dudes
User/client: It is a natural person who registers on the This is Yoga for Dudes website in order to contract the services offered by it.
Visitor: Any person not registered with the This is Yoga for Dudes website who enters the website www.yogafordudes.com has access to the exhibitions and general information.
Newsletter subscriber: The natural or legal person who receives information about the promotions, products and services offered through our website. All our communications are supported by our personal data processing policy, which you can consult at https://thisisyogafordudes/privacypolicy to learn about your rights and obligations and learn about the ways in which you can request to be removed. of our newsletters. If you are receiving information from us in your email, it is because you authorized us to contact you through our website, in the development of a course or exam, or you did so when downloading some free content with prior registration or similar.
Free student: That user registered on the website who accesses limited material and at no cost.
Student by demand: That user registered on the page, who pays only for access to certain courses or content offered by the website.
Teacher: Is any natural person who has knowledge and specific training in teaching yoga who decides to register on the platform with the purpose of teaching yoga language classes to students who wish to hire their services through the This is Yoga for Dudes website.

Other Legal Terms

Warranty Disclaimer: Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and This is Yoga for Dudes does not make any specific commitments or warranties about the service. For example, we don’t make any warranties about: (a) the content provided through the service; (b) the specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; (c) that any content you submit will be accessible on the service; (d) fluency in yoga; or (e) user enjoyment.
Limitation of Liability: except as required by applicable law, This is Yoga for Dudes, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

Errors, mistakes, or inaccuracies on the service;
Personal injury or property damage resulting from your use of the service;
Any unauthorized access to or use of the service;
Any interruption, cessation of the service, or downtime of the site;
Damage caused by third-parties
Any viruses, spyware, device damage, or malicious code transmitted to your device(s) or through the service or by any third party;
Any content whether submitted by a user or This is Yoga for Dudes, including your use of content; and/or
The loss of information due to misuse of the platform and the leaking of information due to improper access of third parties that derives from the exposure of the access data due to the users’ own fault or carelessness or those derived from the execution of a criminal act.
The removal or unavailability of any content. This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

Indemnity: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless This is Yoga for Dudes, its affiliates, officers, directors, 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 service; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this agreement and your use of the service.
Compliance with Applicable Laws: The Websites are based in Colombia. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Colombia. If you access the Websites or the Content from outside of the U Colombia, you do so at your own risk. Whether inside or outside of Colombia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Limitation on Legal Action: You and This is Yoga for Dudes agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Equitable Relief: You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
Miscellaneous: Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Effective as of August 22, 2023

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