Terms of Use


These Terms and Conditions of Use (“Terms of Use”) apply to the web site located at www.yogadownload.com, and all associated sites linked to www.yogadownload.com by Yogadownload.com, LLC (“Yogadownload”), a Colorado limited liability company, its subsidiaries and affiliates, (collectively, “Site”). The Site is the property of Yogadownload and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
 

Yogadownload reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes; your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Yogadownload grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Yogadownload, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Yogadownload’s express prior written consent.

 

The Site and Content are subject to change without notice.

 

Purpose of the Site

 

The Site has been created and is maintained for personal exercise, information, entertainment, and education.  Yogadownload is not responsible for injuries incurred in the course of using the Site or products or services offered herein; you alone are responsible for determining your physical limits and the wisdom of undertaking any course of action recommended or taught on the site or in products or services offered herein.  Yogadownload offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of using the Site or products or services offered herein.  Always consult a physician before using this or any other wellness or exercise program.

 

Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Yogadownload reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Yogadownload server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Yogadownload, including any Yogadownload account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Yogadownload’s systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Yogadownload on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Yogadownload or others.

 

The manner and quality of viewing, listening to, downloading, or otherwise using material on the Site is affected by your particular system.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site such as promotions, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 

Unless otherwise agreed in writing, you agree to immediately pay for any and all products or services you purchase on the Site.  Payment may be required before said products or services are delivered or made available for delivery to you.

Subscription Memberships as outlined on the "Join Now" page will be renewed automatically until canceled by you. You agree to pay all subscription fees and renewals while the subscription account is still active and until you cancel the account and receive confirmation of such cancellation.

Yogadownload’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Yogadownload may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Yogadownload makes no commitment to update the materials on the Site with respect to such products and services.

 

Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Site ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Yogadownload immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Yogadownload or any other user of or visitor to the Site due to someone else using your Yogadownload ID, password or account.

You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. Yogadownload cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Your privacy is important to us, and we zealously protect it.  Nevertheless, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.  Yogadownload will not sell or rent your contact information to other marketers, but you agree that your personal information may be shared with companies that Yogadownload has a strategic relationship with or that perform work for Yogadownload to provide products and services to you on Yogadownload’s behalf. Yogadownload may be required by law or litigation to disclose your personal information; we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary. Yogadownload may disclose any information it has about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Yogadownload’s rights or property, or the rights or property of visitors to or users of the Site. Yogadownload reserves the right at all times to disclose any information that Yogadownload deems necessary to comply with any applicable law, regulation, legal process or governmental request. Yogadownload also may disclose your information when Yogadownload determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Yogadownload may preserve any transmittal or communication by you through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Yogadownload determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Yogadownload, its employees, users of or visitors to the Site, and the public.

 

You are advised to take precautions to protect your personal data when you are on the Internet: Change your passwords often using a combination of letters and numbers, and use a secure web browser.

 

The Site may use “cookies” and other technologies to study traffic patterns on the Site, to customize your experience, and provide greater convenience each time you interact with us. The Site may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Yogadownload’s control, and Yogadownload is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites and the handling of information or materials you or others might provide to the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
YOGADOWNLOAD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOGADOWNLOAD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOGADOWNLOAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOGADOWNLOAD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RELATED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST YOGADOWNLOAD FOR DISSATISFACTION WITH THE SITE OR ANY AFFILIATED CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Yogadownload reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Yogadownload be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Yogadownload has been advised of the possibility of such damages.

Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, Yogadownload is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Yogadownload’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Yogadownload, or (2) US$100.00.

Indemnity
You agree to indemnify and hold Yogadownload, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Yogadownload by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
You agree that Yogadownload may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Yogadownload, for which monetary damages would be inadequate, and you consent to Yogadownload obtaining any injunctive or equitable relief that Yogadownload deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Yogadownload may have at law or in equity.

You agree that Yogadownload may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Yogadownload does take any legal action against you as a result of your violation of these Terms of Use, Yogadownload will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Yogadownload. You agree that Yogadownload will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado, and waive any objection to such jurisdiction or venue.

Void Where Prohibited
Yogadownload administers and operates the www.yogadownload.com Site from its location in Denver, Colorado, USA. Yogadownload reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Yogadownload with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Yogadownload with respect to such use are hereby superseded and cancelled. Yogadownload will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Yogadownload’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Yogadownload of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Yogadownload and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright © 2009 Yogadownload, LLC; all rights reserved.