YogaGuruRaya LLC
Terms of Use
YogaGuruRaya LLC (“YogaGuruRaya “) offers high quality video and other content related to yoga and yoga practice to its subscribers.
1. Acceptance of the Terms
1.1 Your Agreement
These Terms of Use (“Terms”) govern your access to and use of the website, products, data, services, and Content (as hereinafter defined) provided to you on, from, or through the YogaGuruRaya LLC website, mobile or tablet apps and any applications created by YogaGuruRaya or its affiliated companies (“YogaGuruRaya Service”).
“Content” includes the audio files, videos, text, graphics, photos, music, audiovisual combinations, interactive features, collections and other materials you may view on or access through the YogaGuruRaya Service.
By accessing or using the YogaGuruRaya Service, you agree to be bound by these Terms and our Privacy Policy. You may use the YogaGuruRaya Service only if you can form a binding contract with YogaGuruRaya , and only in compliance with these Terms and all applicable local, state, national, and international laws. If you do not agree to any of these terms please do not use the YogaGuruRaya 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 YogaGuruRaya Service after any such modification is posted. You should review these Terms regularly.
2. Access and Use of the YogaGuruRaya Service
2.1 Your License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the YogaGuruRaya Service for personal, non-commercial purposes as set forth in these Terms.
2.2 Conditions for General Use
Your use of the YogaGuruRaya Service is solely for your personal, noncommercial use. You agree not to copy, upload, republish or distribute in any medium any part of the YogaGuruRaya Service (including the Content) unless you (i) provide a legend which credits YogaGuruRaya as the source of the Content and (ii) you do not alter or modify the Content in any way. Any other uses of the Content require YogaGuruRaya ’s prior written authorization.
You agree not to alter or modify any part of the YogaGuruRaya Service, including the Content.
We reserve the right to immediately terminate or restrict your account or your use of the YogaGuruRaya Service or access to Content at any time, without notice or liability, if YogaGuruRaya determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
2.3 Intellectual Property
The trademarks, service marks and logos used and displayed on the YogaGuruRaya Service are YogaGuruRaya ’s trademarks. YogaGuruRaya is the copyright owner or authorized licensee of all text and all graphics contained on the YogaGuruRaya Service. Other parties’ trademarks and service marks that may be referred to on the YogaGuruRaya Service are the property of their respective owners.
Nothing on the YogaGuruRaya Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of YogaGuruRaya ’s trademarks or service marks without YogaGuruRaya ’s prior written permission. YogaGuruRaya aggressively enforces its intellectual property rights. Neither the name of YogaGuruRaya nor any of YogaGuruRaya 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 YogaGuruRaya Service or otherwise, without YogaGuruRaya ’s prior written permission. A third-party web site that desires to link to the YogaGuruRaya website may use the name “YogaGuruRaya ” in or as part of that link.
You agree to comply with all applicable laws in your use of the YogaGuruRaya 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 the Content:
(i) Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the YogaGuruRaya 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 YogaGuruRaya or the respective licensors of the Content.
YogaGuruRaya and its licensors reserve all rights not expressly granted in these Terms to the YogaGuruRaya Service and the Content.
(ii) You agree not to circumvent, disable or otherwise interfere with security-related features of the YogaGuruRaya Service or features that prevent or restrict use or copying of any Content.
(iii) You understand that when using the YogaGuruRaya Service, you will be exposed to Content from a variety of sources, and that YogaGuruRaya is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YogaGuruRaya with respect thereto, and, to the extent permitted by applicable law, and agree to indemnify and hold harmless YogaGuruRaya , its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the YogaGuruRaya 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. YogaGuruRaya 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 YogaGuruRaya Service. Nothing contained in the YogaGuruRaya Service should be construed as any form of such medical advice or diagnosis.
By using the YogaGuruRaya 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 knowingly, voluntarily and expressly waive and release any “Claim” (as defined below) you may have against YogaGuruRaya , its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors, and staff (each, a “Released Party”) that you may sustain as a result of participating in the YogaGuruRaya Service even if the Claim arises from the negligence of Released Party or anyone else.
You agree to indemnify and hold harmless 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 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 the YogaGuruRaya Service.
You, your heirs or legal representatives forever release, waive, discharge and covenant
not to sue Released Party for any Claim caused by any negligence or other acts of
Released Party
4. YogaGuruRaya Accounts
In order to access the YogaGuruRaya Service, you will have to create a YogaGuruRaya 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. YogaGuruRaya ’s Content is not directed to persons under 18 years of age, and you are representing that you are eighteen 18 years of age or older. In consideration of your use of the YogaGuruRaya 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, YogaGuruRaya 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 YogaGuruRaya immediately of any breach of security or unauthorized use of your account. Excessive viewings or logins by any Member may be treated as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a member you agree to take all actions possible to protect your username and password from fraudulent use. Although YogaGuruRaya will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YogaGuruRaya or others due to such unauthorized use. YogaGuruRaya reserves the right to terminate any user account it believes has been compromised, or is being used fraudulently, at its own discretion.
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:
YogaGuruRaya LLC: 18990 Caminito Cantilena #44, San Diego, CA 92128
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 YOGA GURU SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOGA GURU, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOGA GURU SERVICE AND YOUR USE THEREOF. YOGA GURU 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 YOGA GURU SERVICE. YOGA GURU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOGA GURU SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOGA GURU 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 YOGA GURU, ITS OFFICERS, MEMBERS, 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 YOGA GURU 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 YogaGuruRaya Service is controlled and offered by YogaGuruRaya from its facilities in the United States of America. YogaGuruRaya makes no representations that the YogaGuruRaya Service is appropriate or available for use in other locations. Those who access or use the YogaGuruRaya Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YogaGuruRaya , its members, 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 YogaGuruRaya 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 YogaGuruRaya 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.
10. General
You agree that the YogaGuruRaya Service shall be deemed solely based in California; and the YogaGuruRaya Service shall be deemed a passive website that does not give rise to personal jurisdiction over YogaGuruRaya , either specific or general, in jurisdictions other than California. These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and YogaGuruRaya that arises in whole or in part from the YogaGuruRaya Service shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California.
These Terms, together with the Privacy Policy and any other legal notices published by YogaGuruRaya on the YogaGuruRaya Service, shall constitute the entire agreement between you and YogaGuruRaya concerning the YogaGuruRaya Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. YogaGuruRaya reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes.
Your use of the YogaGuruRaya Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND YOGA GURU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOGA GURU SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.