TERMS OF SERVICE, MALIA WRIGHT
It is our pleasure to provide the services described below in accordance with these Terms of Use and Services (“Terms”). Please take a moment to carefully read through these Terms.
1. BINDING EFFECT. This is a binding agreement. By taking part in any services provided by Malia Wright (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Malia Wright (“Company”) from time to time in its sole discretion. Company will notify any time these Terms of Use have been changed or otherwise updated. Ifyou find these Terms of Use unacceptable, you must not partake in any services. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information.
3. USE OF SOFTWARE. Company may make certain content available to you from the Site. If you download content from the Site, are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. You may not sell, redistribute, or reproduce the content. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
5. RECURRING BILLING, AUTO-RENWAL SUBSCRIPTION, REFUND POLICY and CANCELLATION. By providing a credit card or other payment method accepted by Company (“Payment Method”) for your services, you are expressly agreeing that we are authorized to charge you a one time, monthly, quarterly or annual subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Service to the Payment Method. You are responsible for any costs you incur to access the Internet. You also agree that you are solely responsible to cancel your auto-renewal subscription on time (at least 24 hours prior to your next billing cycle) to avoid any future auto-recurring payments to your credit card.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method.
No refunds or partial refunds will be issued to your account or credit card. By signing up and agreeing to the terms of the Service, you agree that it is your sole responsibility to pay for Service.
6. HEALTH WARRANTY. You agree and acknowledge that the physical activity related to yoga instructional classes and Ayurveda services naturally involves the risk of physical injury. Physical exercise associated with the instructional videos may involve the use of recommended equipment such as blocks and straps and you voluntarily assume and accept any risks associated with physical activity related to the Service. You agree that it is your responsibility to partake in the courses and exercises that are appropriate for someone with your level of skill and ability.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent at:
Admin
Malia Wright
3615 1/2 Griffin Ave
Los Angeles, CA 90031
maliawyoga@gmail.com
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service. If Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE, APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE,APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Service. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you (b) attempting to probe, scan, or test the vulnerability of the Service, the Site or App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” Any violation of system or network security may subject you to civil and/or criminal liability.
12. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, App or Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
13. COPYRIGHT. All contents of Site or Service are: Copyright Malia Wright. All rights reserved.
14. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or Service.
15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.