EFFECTIVE DATE: 31 AUGUST 2020
PLEASE READ THIS AGREEMENT CAREFULLY. BY VIEWING, ACCESSING AND/OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS IN THIS AGREEMENT, YOU CANNOT ACCESS OR USE THE SITES.
Welcome to 18yoga.com!
This Agreement (the "Agreement") governs your use of 18yoga.com (the "Site") and any Services (defined below) provided through the Site. The Site is operated by Distenas Limited, with address at Filippou Papakyprianou, 124, Latsia, 2230, Nicosia, Cyprus (hereinafter referred as “Company”, “us”, “we”, “our” as context may require)
We reserve the right to modify the terms and conditions of this Agreement at any time by updating the date at the top of this Agreement ("Effective Date") which shall be deemed as sufficient notice to you. If the changes are significant, we will use reasonable efforts to notify you via email, however we are not required to do so. Any changes will be effective as of the published Effective Date, with or without email notification. Your continued use of the Site and/or its Services after any such changes are made to this Agreement constitutes your acceptance of the new terms and conditions. It is your responsibility to review this Agreement whenever you visit the Site to make sure that you are up to date with the current terms and conditions governing your use of the Site. If you do not agree or cannot comply with this Agreement (including any referenced policies or guidelines), please immediately discontinue your use of the Site and Services.
The services provided through the Site include access to content provided by us (collectively the “Services”). In the future, we may offer additional or different Services, change the Services, charge for the Services, or cease offering some or all of the Services with or without notice. This Agreement shall apply to any additional or revised Services.
1. ELIGIBILITY TO USE THE SITE
a. Minimum Age. The Site is not intended for use by minors. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE AND/OR THE SERVICES. By using the Site, you affirm, warrant and represent that you are of the age of majority (18 or older, depending on the age of majority in your jurisdiction) and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in your jurisdiction.
b. Banned Users. We reserve the right to temporarily or permanently ban any users who violate these terms and conditions or any other relevant laws and regulations. Banned users may not use the Site or the Services.
c. Compliance with Applicable Law. You may not access the Site or the Services from any jurisdiction where doing so would or could be considered a violation of any law, regulation, or community standard. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
d. Specially Designated Nationals. You may not use the Site if you are a Specially Designated National, or an officer, director, shareholder, employee, or agent of a Specially Designated National or a resident in any sanctioned territory (including those defined and determined by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) and other relevant authorities in your jurisdiction). A current list of Specially Designated Nationals can be found here (the “SDN List”). You warrant and represent that you (i) are not a Person included in the SDN List with which a U.S. Person cannot deal with or otherwise engage in business transactions, (ii) are not a Person who is otherwise the target of U.S. economic sanctions laws such that a U.S. Person cannot deal or otherwise engage in business transactions with such Person or (iii) are not controlled by (including without limitation by virtue of such person being a director or owning voting shares or interests), or acts, directly or indirectly, for or on behalf of, any person or entity on the SDN List or a foreign government that is the target of U.S. economic sanctions prohibitions such that the entry into, or performance under, this Agreement or any other related document would be prohibited under U.S. law.
2. REGISTRATION AND MEMBERSHIP
a. Registration Obligations. Membership is required to use most functions on the Site. To become a Registered User, you must provide the following information ("Registration Data"):
1. Email Address. You agree that the Registration Data you provide: (i) is true, accurate, current and complete, and (ii) will be maintained and updated by you to keep it true, accurate, current and complete. We reserve the right to terminate your use of the Site if we, in our sole discretion, determine that any of your Registration Data is inaccurate or incomplete. We also reserve the right to request a mobile telephone number for verification.
2. Account Security. You will obtain a username and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities, charges and/or liabilities that occur under your username and password or account number whether or not authorized by you. You will immediately notify us of any unauthorized use of your username or any other breach of security. You acknowledge that the Company is not responsible for third-party access to your account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. We will not assume liability for any loss or damage arising from your failure to comply with this section.
3. Premium Membership. Use of most Services requires a premium membership. Registered Users who purchase Premium Membership (“Premium Users”) are responsible for paying periodic membership fees as described on the applicable sign-up page(s). We reserve the right to change membership prices and offer Premium Memberships at different price points to our Users. Payment terms are provided at the time of sign-up
WE RESERVE THE RIGHT TO CHANGE OUR FEES AND BILLING METHODS AT ANY TIME, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES OR CHANGES TO SERVICES ASSOCIATED WITH VARIOUS MEMBERSHIP OPTIONS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING. WE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR MEMBERSHIP. YOUR CONTINUED USE OF THE SITE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES AND/OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
Unless otherwise stated in specific terms applicable to each Premium Membership, Membership fees are non-refundable, and you agree that all payments made on the Site are final. You will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment, you will open a support ticket through the Site’s customer service to resolve the issue. Should a dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any dispute case fees or chargeback fees charged by our bank, which may be as much as US$60. You agree that you will pay any outstanding balance within thirty (30) days from the date of notification.
In order to provide continuous service, the Site provides for automatic renewal. Thus, the Site has the right to automatically renew your membership from month to month. UNTIL TERMINATED, THE SITE MAY AUTOMATICALLY RENEW ALL PAID MEMBERSHIPS UPON THEIR EXPIRATION. After your initial subscription commitment period, and again after any subsequent subscription period, your membership will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your membership will be subject to these automatic renewals.
5. Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is necessary to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend our rights or property, or those of a third party; or (iii) protect someone's health or safety, such as when harm or violence against any person is threatened.
3. USE OF SITE AND SERVICES
As a user of the Site you agree to the following:
a. Personal Noncommercial Use Only. The Site and Services are intended for the lawful, personal and noncommercial use of its Users. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Site including, without limitation, by way of submitting a virus to the Site, overloading, flooding, spamming, mail bombing, performing denial-of-service attacks or crashing; (iv) commercially exploiting the Site or the Services, the Content or any portion thereof in any manner unless expressly authorized to do so; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Site or Service (either directly or indirectly through use of third-party software); (vi) framing or embedding any trademark, logo, or other content on the Site for display on some other website without our permission; (vii) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Service or its Contents; (viii) modifying, adapting, creating derivative works, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, scraping or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
b. Damages for Unauthorized Commercial Use. Any commercial users shall be a material breach of these terms and conditions in connection with the Site, and as such, expressly acknowledge that they are not actual users of the Site as it is intended. Each and every commercial use of the Site in violation of this Agreement shall be subject to a US$100,000 award for damages as liquidated damages for such breach. You acknowledge that any commercial use of the Site, the Service or its Content will cause harm in an amount that would be extremely difficult to ascertain and that US$100,000 for each and every commercial violation is a reasonable estimate of such harm.
c. Assumption of Risk. YOU ASSUME ALL RISK WHEN USING THE SITE AND/OR THE SERVICES.
Content that is posted by the Site is referred to as “Site Content.” The Site is comprised of the Site Content and the underlying software of the Site (including without limitation: the structure, layout, design, look and feel, and functionality of the Site). The Site is a copyrighted work owned by the Site and/or its licensors.
You agree that Company and the Site has the right (but not the obligation) to monitor, access, rearrange, modify, and remove or restrict access to any Site Content, at its sole discretion and without notice or compensation to you. Without limiting the foregoing, you agree that the Site may (but shall have no obligation to) remove or restrict access to any Content that violates this Agreement, the law, or that The Site believes is otherwise objectionable, for any reason or no reason, at its sole discretion.
In consideration of your agreement to these terms and conditions, and subject to your compliance with them, the Site grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Site solely as permitted under this Agreement. Your use of Site Content and the Site is entirely at your own risk, and you agree that we will not be liable to you for any damages resulting from errors or omissions in the Site Content, or from your or another User’s use of the Site Content.
The Site is not responsible for and does not control any content provided by users (if and when applicable). You agree that the Site will not be liable for any harm to you resulting from your interactions with other Site Users. We urge all Users to use extreme caution when communicating with strangers online.
You shall be solely and exclusively responsible and liable with respect to any information that you may post to the Site or transmit via the Site or the Service. You agree that you will not provide inaccurate, misleading or false information to the Site, the Company and other controlled brands. If information provided subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The Site may contain, and the Service may provide, links to sites that are not maintained by us. We shall not be responsible for the content, accuracy of or charges made by, those sites. The inclusion of a link in the Site does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your business dealings with, or participation in promotions of, such third parties (including payment and delivery of related goods or services), and any other terms, conditions, warranties or representations associated thereto, are solely between you and such third party. You also expressly acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such third party linked sites.
5. COPYRIGHT AND DMCA
We respond to notices of alleged infringement as required by the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. Please see the Intellectual Property Policy and Procedures incorporated herein which can be found by clicking here or on the DMCA link at the footer of this page.
6. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICES, AND ANY INFORMATION ACCESSIBLE ON, OR THROUGH THE SITE OR THE SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.” YOU EXPRESSLY AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED FOR AMUSEMENT AND ENTERTAINMENT PURPOSES ONLY AND THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE SITE, ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE OR THE SERVICES, WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE OR SERVICES; AND (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SITE AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE THE SITE AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE SERVICES, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF THE SITE OR ITS AFFILIATES.
THE SITE MAKES NO CLAIM THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR LEGALLY ACCESSIBLE FROM ALL TERRITORIES. WHEN YOU ACCESS THE SITE OR THE SERVICES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY, OR YOUR CONTENT THAT RESULTS FROM YOUR USE OF THE SITE OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. LIMITATION OF LIABILITY
TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE OR ANY OF ITS AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE OR THE SERVICES FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (iv) RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS IN THE SITE OR THROUGH THE SERVICE.
TO THE MAXIMIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, SERVICE AND/OR SITE’S AGGREGATE LIABILITY TO YOU UNDER ANY THEORY EXCEED THE SUM OF ONE HUNDRED DOLLARS U.S. OR THE AMOUNT PAID BY YOU TO THE SITE IN CONNECTION WITH THE SITE FROM THE IMMEDIATELY PRECEDING SIX (6) MONTHS, WHICHEVER AMOUNT IS LESS.
You agree to hold harmless, defend, and indemnify the Site, its shareholders, officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' and accounting fees, that may be due to or arise from your use or misuse of the Site, the Service, breach by you of any applicable laws or regulations or for infringement by you of intellectual property rights or other rights of any third party. We may assume exclusive control of any defense or any matter subject to indemnification by you.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from the Site to effectuate such termination. Additionally, we reserve the right to terminate this Agreement at any time and may provide notice of such termination through means including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination.
Upon termination or suspension of your account (even if initiated by you), you must stop using the Site and you will not be entitled to any refund of unused subscription fees. If your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except any terms that by their nature expire or are fully satisfied.
If you reside in the EU, Switzerland, or the EEA, you are notified that we may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, we will notify you and you shall be entitled to terminate the Agreement with immediate effect by deactivating your account.
All written notices to the Site should be communicated by contacting us. The Site may provide you notices of changes to this Agreement or other matters by displaying notices to you on the Site, via email, or other reasonable means of communication. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner or providing inaccurate or false information. You agree that you shall be deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
This Agreement constitutes the complete and exclusive agreement between you and the Site and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the failure of the Site, its assignees or its successors, or any providers of Our Content to enforce any of the specific provisions of these Terms shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s).
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of any other provisions.
This Agreement is governed by the laws of the Republic of Cyprus, without regard to conflict of law provisions. Any and all disputes, controversies or claims (each a "Dispute") arising out of, relating to or in connection with this Agreement, including, without limitation, any dispute regarding its arbitrability, validity or termination, or the performance or breach thereof, if not first resolved informally, shall be exclusively and finally settled under the jurisdiction of the Courts of Nicosia, Cyprus. No disputes may be brought against the Site, the Company or any related parties more than one year from the date of the event bringing rise to the Dispute.
The Parties hereby waive, to the fullest extent permitted by law, any right it may have to a trial by jury in respect to any litigation, directly or indirectly, arising out of or relating to this Agreement or any transaction contemplated by this Agreement.
You agree that any dispute between you and the Site relating to the Site, the Services, or this Agreement must be individually resolved and that you will not join or consolidate your claim with claims of other users, you will not litigate any claims as a representative or member of a class or in a private attorney general capacity.
In the event of any conflict between these terms and conditions and any other document or statement made by the Site, this agreement shall prevail. If you have any questions regarding these terms and conditions, please contact us.