Listing Terms and Conditions
[vc_row][vc_column][vc_column_text]Please read these Listings Terms and Conditions (“Agreement” or “Listings Terms and Conditions”) carefully before using the services offered by MyYogaOnDemand. (“MyYogaOnDemand”, “we”, “us”, “the Website”). This Agreement sets forth the legally binding terms and conditions for your use of MyYogaOnDemand’s Professional Listings Service (the “Listings”). In addition to these Listings Terms and Conditions, your use of the Listings is also contingent upon your acceptance of MyYogaOnDemand’s Terms of Service, Privacy Policy, and Community Guidelines. These documents may be found on the Website, and may updated from time to time at MyYogaOnDemand’s sole discretion.
By registering for and/or using the Professional Listings Service in any manner, you agree to be bound by this Agreement. This Agreement applies to all Listings on the Website. All defined terms used herein shall be solely applicable to this Agreement.
Description of Service
Yoga Teachers, Yoga Studios, Yoga Teacher Training Programs, and Yoga Retreat Centers (collectively referred to as “Yoga Professionals”) are listed on the MyYogaOnDemand Website and assigned Professional Listings. MyYogaOnDemand’s Professional Listings allow yoga teachers, owners and authorized managers (“Managers”) of yoga studios, yoga teacher training programs, and yoga retreat centers to claim an existing Listing, and thereupon to edit and correct the information of said Listing in MyYogaOnDemand’s database, or, if their business is not yet part of the MyYogaOnDemand database, to create a new Listing. A claimed or created Listing is associated with a Profile Page that contains information about the Yoga Professional (generated by the MyYogaOnDemand Professional Listings Manager), as well as Reviews and Ratings (generated by Users of the MyYogaOnDemand Website). As part of the features available through the Service, MyYogaOnDemand Professional Listings Managers can post messages to Users of the Website who have opted to receive such messages by “following” the Listing, post information about Events associated with the Listing, and have their Listing included on specific pages of the Website.
MyYogaOnDemand additionally offers optional Professional Listing Premium Services (“Premium Services”), and Individual Event Promotions that enable specific subscribed Listings, or Promoted Events, to receive highlighted placement (on a rotation basis) on specific pages of the website, in MyYogaOnDemand newsletters, and on the MyYogaOnDemand Mobile Application.
The management of Listings is offered subject to acceptance without modification of all of the terms and conditions contained herein, which terms include all terms of use and other operating rules, policies and procedures that apply to the general use of the MyYogaOnDemand Website. MyYogaOnDemand reserves the right to modify or terminate the Website and any of its Services for any reason, without notice, at any time. MyYogaOnDemand reserves the right to alter these Listings Terms and Conditions or any other Website policies at any time and notify you of material changes by posting notices through the Website. What constitutes a “material change” will be determined at MyYogaOnDemand’s sole discretion, in good faith, and using common sense and reasonable judgment.
MyYogaOnDemand makes no guarantees as to the effects that may arise from claiming or creating a MyYogaOnDemand Professional Listing, and shall not be liable for any result, or lack thereof, on the business of a Yoga Professional in connection with a Professional Listing on the MyYogaOnDemand Website, whether or not this listing is part of MyYogaOnDemand’s Professional Listing Premium Services.
The services offered by any Professional Listing featured on the MyYogaOnDemand Website may be reviewed by registered Users of the Website, whether or not the Listings have been claimed by the owner or authorized Manager of said Listing. By claiming their individual Listing, Yoga Professionals can respond to User reviews.
MyYogaOnDemand is not responsible for the content of reviews posted by Users, or for any consequences such reviews may have for a specific business. Unless deemed abusive or otherwise inappropriate, MyYogaOnDemand will not delete reviews posted by Users. What constitutes an “inappropriate” review will be determined at MyYogaOnDemand’s sole discretion, in good faith, and using common sense and reasonable judgment, and as set forth in the Website’s Terms of Service.
Certain features of the Professional Listings Service and/or certain services and products made available to you on the Website may be subject to payments now or in the future (“Premium Services”). MyYogaOnDemand uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Website (your “Billing Account”) for use of the Premium Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. MyYogaOnDemand is not responsible for errors by the Payment Processor. By choosing to use Premium Services, you agree to pay MyYogaOnDemand, through the Payment Processor, all charges at the prices then in effect for any use of such Premium Services in accordance with the applicable payment terms, and you authorize MyYogaOnDemand, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Premium Services will not be provided until payment is received by MyYogaOnDemand.
If you have opted for an automatic renewal option, Professional Listings will be renewed automatically on a monthly basis at the then-current standard rates. Current fees will be charged to the credit card on file unless otherwise notified of a cancellation via the appropriate Website interface or in writing. Although MyYogaOnDemand may choose to send a reminder email prior to charging a customer for a renewal fee, MyYogaOnDemand is not responsible for notifying a customer of this automated renewal. If a credit card is expired or otherwise fails to authorize, the Paid Services will be discontinued. Rates for Professional Listings may be subject to modifications. MyYogaOnDemand will notify Managers of Professional Listings who have chosen to use MyYogaOnDemand’s Premium Services of any change in prices via email.
Agreement
By claiming or creating your Professional Listing on MyYogaOnDemand, you agree to the following:
(i) Listings may only be used to promote a yoga business which falls into the categories of Yoga Teacher, Yoga Studio, Yoga Teacher Training Program, and Yoga Retreat Center;
(ii) You hereby grant MyYogaOnDemand the right to display your Professional Listing information on the MyYogaOnDemand Website, partner websites, and in emails that are related to any of MyYogaOnDemand’s Services. Failure by MyYogaOnDemand to publish any Professional Listing information does not constitute a breach of contract or otherwise entitle Listing’s Managers to any legal remedy;
(iii) You may only administer a Professional Listing if you are an authorized representative of the business represented in the Listing;
(iv) All Content posted on the Listing will be made available to all Users of the Services;
(v) You hereby grant MyYogaOnDemand permission to publicize your Professional Listing with MyYogaOnDemand;
(vi) You may not display any Content on your Listing that is an advertisement or could be construed as an advertisement for anything other than the business promoted in the Listing;
(vii) You may not establish terms beyond those set forth in these Listings Terms and Conditions to govern the use of the Listing you administer;
(viii) You will not direct your Listing, or any Content on your Listing, to children under the age of 13;
(ix) You will not use deceptive practices to encourage Users to “follow” your Listing;
(x) You are responsible for ensuring that your Listing and all its Contents shall comply with all applicable laws, rules and regulations of the locality of the business profiled in the Listing, in addition to these Listings Terms and Conditions, as well as any advertising, marketing, privacy, or other self-regulatory code(s) applicable to the industry, and that it shall not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by MyYogaOnDemand at its sole discretion;
(xi) You are solely responsible for the content provided on your Listing and any website linked to from such information, and shall indemnify MyYogaOnDemand for all losses, costs, and damages in connection with any claims of infringement of any third party rights;
(xii) You represent, warrant and covenant to MyYogaOnDemand that at all times, (a) you are fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, images, videos, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) you have the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and the execution of this Agreement does not and will not violate any agreement to which you are a Party or by which you are otherwise bound, or any applicable law, rule or regulation; and (d) all links displayed in your Listing lead to Internet site that are controlled by you and operated by you or your independent contractors, are functional and accessible at all times, and are suitable in all respects to be linked to from MyYogaOnDemand;
(xiii) It is your obligation to submit Professional Listing information and Content in accordance with MyYogaOnDemand’s then existing criteria or specifications (which include content limitations, technical specifications, Terms of Service, Privacy Policy, Community Guidelines , and any other applicable MyYogaOnDemand policy);
(xiv) Failure to comply with all requirements of these Listings Terms and Conditions may delay or prevent the display of the Professional Listing and shall give MyYogaOnDemand the right to immediately terminate the applicable Listing;
(xv) You shall not use, display or modify MyYogaOnDemand’s trademarks in any manner without the prior written consent of MyYogaOnDemand.
Eligibility
In order to claim a Professional Listing on MyYogaOnDemand, a Manager must be approved by MyYogaOnDemand and is subject to the applicable verification process to access the Service. Whether you are claiming an existing MyYogaOnDemand Professional Listing or creating a new one, you represent and warrant that you have the authority to bind the business entity to this Agreement.
MyYogaOnDemand may, at its sole discretion and without liability, refuse to offer the Service to any person or entity and change its eligibility criteria at any time, as well as reject, remove and/or cancel any information in Professional Listings that contain content or links which do not meet MyYogaOnDemand’s specifications. MyYogaOnDemand may redesign its Website at its sole discretion and at any time.
Accounts and Passwords
Each Listing Manager must complete the registration process by providing MyYogaOnDemand with current, complete and accurate information, as specifically required by the then current registration and verification procedures. You represent and warrant that all registration information you submit is accurate and truthful. The contact and other information you provide will be used to verify your identity and you hereby consent to MyYogaOnDemand contacting you directly or through automated means to do so.
You must keep your account information up-to-date and accurate at all times. Such information must include a valid email address and telephone number. You may not transfer or sell your MyYogaOnDemand account to another party. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You shall never use another User’s account without such other User’s express permission. You will immediately notify MyYogaOnDemand in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You agree that MyYogaOnDemand cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Effective Date
This Agreement is effective upon the date that an existing MyYogaOnDemand Professional Listing is claimed, or a new one is created, and approved by MyYogaOnDemand.
Termination of Your Account
By MyYogaOnDemand: You agree that MyYogaOnDemand may, under certain circumstances, without liability and without prior notice, immediately terminate your account, any associated account(s), and restrict your access to any Service indefinitely or for a set period of time. The termination of an account, whether temporary or permanent, may include limitations to accessing any Service(s), but your Professional Listing, including any Content and Submissions you have made to any part of the Website in the past, will in general not be deleted, and might be deleted at the sole discretion of MyYogaOnDemand if you instruct MyYogaOnDemand to remove such Content. MyYogaOnDemand reserves the right without liability to keep on its public database a basic Professional Listing for any existing Yoga Professional, even after having received a request for a self-initiated account deletion. Such a professional Listing will contain basic information and will be reviewable by registered Users of the Website.
Cause for account termination shall include, but not be limited to, (i) breaches or violations of this Agreement or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service(s) (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Services. Further, you agree that any termination by MyYogaOnDemand shall be at MyYogaOnDemand’s sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated Content, Submissions, or access to our Service(s).
By You: You can request a termination of your MyYogaOnDemand account at any time by contacting us here.
No Right of Survivorship and Non-Transferability: You agree that your account is non-transferable and any rights to your ID, Content or Submissions within your account terminate upon your death.
You may cancel your subscription to MyYogaOnDemand Professional Listing Premium Services, in accordance with the following cancellation policies:
Monthly Subscription: If you request the cancellation of a Monthly Professional Listing Subscription, the cancellation will take effect at the end of your current monthly billing period. You will not be entitled to any refund of the pre-paid Professional Listing fee for that period. Monthly Subscriptions can be reactivated at any time.
Free Trial: If you are participating in a free trial of a Premium Service and request cancellation at any time within the free trial period, the cancellation will take effect immediately and you will not be charged any fee. If you request cancellation at any time after the free trial period ends, MyYogaOnDemand will apply the cancellation policy as described above.
Cancelling your subscription to MyYogaOnDemand Professional Business Listing Premium Services does not terminate this Agreement but only the portions that are applicable to Premium Services Subscriptions.
Liability, Warranty & Indemnity
EXCEPT AS OTHERWISE STATED HEREIN, MyYogaOnDemand MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO PAGES DISPLAYED ON THE MyYogaOnDemand WEBSITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE MyYogaOnDemand WEBSITE. MyYogaOnDemand DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL MyYogaOnDemand OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY MyYogaOnDemand FROM YOU FOR THE PAID SERVICES AT ISSUE.
You agree to defend, indemnify and hold harmless MyYogaOnDemand and each of MyYogaOnDemand’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim in connection with your Professional Listing.
Special Terms for MyYogaOnDemand Widgets and Buttons
If you choose to display any of the MyYogaOnDemand Widgets and/or Buttons (“Widget”) on your website, the following additional terms apply to you:
(i) Subject to your continuous compliance with this Agreement, MyYogaOnDemand hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widgets and/or Buttons on a website for which you have proper authorization (“your website”);
(ii) Your license is subject to the following restrictions on use: (a) you may not obscure or disable any element of the Widgets and/or Buttons; (b) you may not display the Widgets and/or Buttons in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by MyYogaOnDemand; (c) you may not display the Widgets and/or Buttons on any site that disparages MyYogaOnDemand or its products or services, infringes any of MyYogaOnDemand’s intellectual property or other rights, or violates any applicable law; (d) you may not place the Widgets and/or Buttons on sites that include content that would violate this Agreement if posted on the Service; (e) you may not display the Widgets and/or Buttons in a manner that does not permit successful linking to the MyYogaOnDemand Website or its Services; and (f) you may not insert any intermediate page, splash page or other content between the Widgets and/or Buttons and the MyYogaOnDemand Website.
General Provisions
No joint venture, partnership, employment, or agency relationship exists between you and MyYogaOnDemand. MyYogaOnDemand will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. You may not assign its rights hereunder to any third party unless MyYogaOnDemand expressly consents to such assignment in writing, not to be unreasonably withheld. If any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. All notices to MyYogaOnDemand relating to any legal claims or matters must be made in writing to:
MyYogaOnDemand Inc. – PO Box New York
MyYogaOnDemand may amend this Agreement at any time, by giving you notification of the amendments via email. Unless otherwise stated in the notification or unless you request cancellation of your Professional Listing Subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to you. No other amendment, change or modification of any provision of this Agreement or waiver of any of its terms will be valid unless set forth in writing and mutually agreed to by the parties.
©2015 MyYogaOnDemand. All rights reserved.
Last updated: September 3, 2016[/vc_column_text][/vc_column][/vc_row]
