1. Description of Service

These Terms of Service are applicable to all users (“Users”) of an online yoga studio and related media services and content distribution Services and community providing Services through its website video streaming Services located under www.YoginiSrishti .com and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Services”).

These Terms govern the User’s use of the YOGINI SRISHTI Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by YOGINI SRISHTI.

By accessing or using the Services, the User agrees to the Terms and accept to be bound by them.

2. Changes to Terms

The service provider shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to the User. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. The User agrees to review these Terms of Service from time to time and agree that any subsequent use by the User of the Services following changes to these Terms of Service shall constitute the User’s acceptance of all such changes.

3. Access and Use of Service

Users accessing the Services must be at least thirteen (13) years of age. In such event, the Parents or the Guardians of such minors will be personally responsible and liable for the use of the Services by their minor wards. Users registering for the Services must be at least eighteen (18) years of age. In case the User is below 18 years of age, the User Registration information must be verified by the parents/guardians. The service provider makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When the Users access the Services, they are solely responsible for compliance with the laws and regulations of their jurisdiction.

4. User’s Conduct

The Services may be used only for lawful purposes relating to streaming and related materials. The Service provider specifically prohibits any use of the Services, and all Users agree not to use the Services, for any purposes other than designated by the Service provider.

5. User Information

The User is solely responsible for the information s/he inputs or uploads to the Services and warrant and represent that the User has the right and authorization to register for the Services and post User Generated Content. The Service provider reserves the right in its sole discretion to decide whether the information User inputs or uploads is appropriate and complies with the Terms of Service, other Service provider policies, and applicable laws and regulations.

If the User registers for the Services, s/he will be asked to provide certain information including a valid email address. The User warrants and represents that all such information is current and accurate, and will be kept up-to-date.

The User’s privacy rights are set forth in Service provider Privacy Policy.

Service provider reserves the right to offer Service provider or third party services and products to the User based on the preferences that the User identifies in his/her registration and at any time thereafter, unless the user opts-out of receiving third party services and products.

6. Username/Password/Security

The User is responsible for maintaining the confidentiality of his/her information as it relates to the Services, including the username and password, and are responsible for all uses of the username and password whether or not authorized by the User. If the User wishes to have someone else use his/her device, it is important that the User always logs out so no other individual will have access to his/her content.

7. Use of Services

The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.

Medical Disclaimer. Before starting any yoga or other exercise program through the Service, the User may consult his/her physician to determine if such program is right for the User’s needs. Service provider is not a medical organization and its teachers or staff cannot give the user any medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by the user and are carried out at the user’s election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. By using the Services, the User represents that s/he understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. The User understands that it is his/her responsibility to judge his/ her physical and mental capabilities for such activities. It is the User’s responsibility to ensure that by participating in classes and activities from the Service provider, s/he will not exceed his/ her limits while performing such activity, and s/he will select the appropriate level of classes for his/ her skills and abilities, as well as for any mental or physical conditions and/or limitations the user has. The User understands that, from time to time the trainers may suggest physical adjustments or the use of equipment and it is the User’s sole responsibility to determine if any such suggested adjustment or equipment is appropriate for his/ her level of ability and physical and mental condition. The User expressly waives and releases any claim that the User may have at any time for injury of any kind against Service provider, or any person or entity involved with the Service provider, including without limitation its directors, trainers, independent contractors, employees, agents, contractors, affiliates and representatives.

Each User is solely responsible for deciding whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs.

The Service provider makes no guarantees as to the resolution and quality of User’s digital content when streaming. The quality and speed of the User’s stream of digital content has many different variables, including the User’s connection speed, location, download speeds, devices, player and bandwidth.

Once purchased, the amount paid cannot be refunded.

8. Payments & Billing

The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Service provider. The Service provider makes no guarantee as to the availability of a specific payment plan.

By purchasing a payment plan, the User expressly agree that the Service provider is authorized to charge the User’s selected payment plan on the payment method the user designates. The User can update or change this information at any time by accessing the relevant section.

For Payments made on the website receipts are sent once the charge is successful to the registered email account. The User’s subscription will continue in effect unless and until the user cancels his/ her subscription or the Service provider terminates it. The User must cancel his/ her payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

Once the payment is completed refund or subscription extension requests will be entertained.

9. User Comments and Suggestions

While the Service provider values User feedback, the User needs to be specific in his/ her comments and should not submit creative ideas, inventions, or suggestions.

If, despite the prohibition, Users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Service provider in whole or in part. The Service provider shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to Users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and the Service provider shall not be liable for any use or disclosure.

10. Intellectual Property

SERVICE PROVIDER NAME and any other Service provider trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Service provider, and any unauthorized use of such trademarks and trade names is prohibited.

The Services (including without limitation the related software and media, the design of the Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Service provider and is protected by copyright, trademark, and other intellectual property common and statutory laws of the India and under applicable laws of other countries.

The User agrees that service provider owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the India and under applicable laws of other countries.

The User may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

11. Social Networking and Social Media Content Sharing

The User acknowledges and agrees that the Service provider will be capturing pictures and recording videos (including recording of live Zoom classes) of various yoga classes, sessions, and other related activities (“Recordings”) which are conducted as part of the Services. Service provider in its sole discretion shall have the right to use these Recordings or any part of it on Service provider’s social media channels and pages, on any digital advertising platforms and on various publications (print and electronic media). The User agrees that Service provider owns and retains all rights in these Recordings throughout the world and in perpetuity.

Users may have the option to Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.

12. Use of Software

If the Services require or include downloadable software such as an app, or use of software provided by the Service provider for Publishers, the Service provider grants a personal, limited, non-exclusive and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through the YOGINI SRISHTI.

13. Copyright Infringement Notification

If the User believes that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, the User must notify the Service provider by providing Service provider’s designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;

A description of the copyrighted work the user claims has been infringed, and a description of the activity that the user claims to be infringing;

Identification of the URL or other specific location on the Services where the material or activity the user claims to be infringing is located or is occurring; the User must include enough information to allow the Service provider to locate the material or the activity;

User’s name, address, telephone number, and e-mail address;

A statement by the User, made under penalty of perjury, that (i) the information the user has provided is accurate and that the user is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) the user has a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If the User believes in good faith that a notice of copyright infringement has been wrongly filed against, the User can send the Service provider a counter-notice that includes the following:

The User’s name and address, and telephone number;

The source address of the removed content;

A statement under penalty of perjury that the user has a good faith belief that the content was removed in error; and A statement that the User consents to be governed by the laws of India and submit himself/herself to the exclusive jurisdiction of the competent courts of Mumbai, India.

The Service provider has designated legal team as Service provider’s agent to receive notices of claims of copyright infringement. The user can contact support@therayog.com.

14. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

THE SERVICE PROVIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE SERVICE PROVIDER DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE SERVICE PROVIDER’S PART, OR RESULT IN ANY LIABILITY TO THE USER IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

THE SERVICE PROVIDER TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION THE USER HAS UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION.  NOR IS THE SERVICE PROVIDER RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE SERVICE PROVIDER’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE SERVICE PROVIDER NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE SERVICE PROVIDER TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES.  ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES. 

15. Limitation of Liabilities

IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE SERVICE PROVIDER NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM THE USER’S USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE SERVICE PROVIDER TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THE USER UNDERSTANDS AND ACKNOWLEDGES THAT SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE OPERATION OF THE SERVICE AND THAT NETWORK CONFIGURATION CHANGES MAY AFFECT THE SYSTEM’S PERFORMANCE.

THE USER HEREBY ACKNOWLEDGES AND AGREES THAT SERVICE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM THE USER’S USE OF THE SERVICE, AS SET FORTH HEREIN. THE USER’S ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE THE USER’S USE OF THE SERVICE. SERVICE PROVIDER SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY HARM, OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE SERVICE PROVIDER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

16. Indemnification

THE USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SERVICE PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) THE USER’S USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) THE USER BREACHES OF THE TERMS OF THIS AGREEMENT. THE SERVICE PROVIDER SHALL PROVIDE NOTICE TO THE USER PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST THE USER, AT THE USER’S EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE SERVICE PROVIDER RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

17. Communications

By using the Services the User consents to receive electronic communications from the Service provider. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to the User’s account.

18. Additional Terms and Conditions

Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between Users and the Service provider.

These Terms of Service shall be governed by and construed in accordance with the laws of Republic of India, without regard to conflict of laws. The User irrevocably consents to the exclusive jurisdiction of the courts located in Mumbai, India in connection with any action arising out of or related to these Term of Service and waives any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. 

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

The user may not assign these Terms of Service or any of the user’s rights or obligations hereunder.

Except as expressly specified herein, this Agreement shall create rights and obligations only between the Service provider and each individual user and it does not create any rights for any other parties.