© 2019, Yoga Wake Up

TERMS OF USE

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Effective Date: April 4, 2017

Thank you for installing Yoga Wake Up, an audio app that brings you on-demand yoga, stretching and meditation sequences that you can use in place of an alarm clock. We call the recording of each of these sequences a “Wake Up.” Our intention is to provide you with Wake Ups that help you develop a healthy mind, body and spirit. In order for us to help you achieve this goal, we need you to be cognizant of certain aspects of the Wake Ups we deliver to you, as well as this app in general. This document contains the “Terms of Service” that we need you to observe while using this app and the Wake Ups. “We,” by the way, means Yoga Wake Up, Inc., a California corporation (as does “us,” “our,” and the like).

By agreeing to observe these Terms of Service, you indicate your consent and agreement to all of the following. If you do not agree to observe these terms and conditions, you will be unable to use this app.

 

REGISTRATION

As a condition of using this app, we ask that you register with us to create an account, which may require a verification process. In that verification process, we may access certain information, such as your full name, email address, mobile operating system, and the name of your device. Please make sure that this information is accurate, complete, and current at all times. If this information proves to be inaccurate or incomplete, we may close your account.

This app is only intended for use by persons over the age of 18. By using this app, you represent that you are of legal age to form a binding contract.

 

RIGHTS TO USE THE APP AND THE WAKE UPS

Once you agree to observe these Terms of Service, we automatically grant you a non-exclusive license to install this app on the device you are currently using, only for your own personal, non-commercial use. We unfortunately cannot and do not grant you any license to modify, copy, reverse-engineer, or de-compile this app, nor can we or do we authorize you to assign any aspect of your right to use this app to anyone else. Your rights to use this app extend only to its machine-readable object code, and not to its source code.

The copyright to each individual Wake Up made available through this app is owned by us or a third party who has graciously granted certain rights to us. By agreeing to observe these Terms of Service, you agree to be respectful of the copyright to each Wake Up. While you have the right to view and listen to each Wake Up, you may not copy, distribute, prepare derivative works, publicly display or perform, or make any other uses of it.

Your license to use this app does not grant you any ownership interest in the app itself or in any of the Wake Ups, nor does it grant you any rights to any patents, trade secrets, trademarks or other rights related to this app. You acknowledge that this app is proprietary, confidential, and may include our trade secrets. You agree that you will take all necessary steps to prevent unlawful or illegal distribution of such proprietary, confidential and trade secret information.

 

DISCLAIMERS REGARDING YOUR USE OF THE APP

We provide this app to you on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of this app or the Wake Ups. We, our subsidiaries, officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of this app or the Wake Ups will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in this app or the Wake Ups will be corrected, or that this app or the Wake Ups are free of viruses or other harmful components. We disclaim all liability for, and no warranty is made with respect to, connectivity and availability. We do not accept any responsibility or liability for any Wake Ups or third-party material, or other use or access of this app by persons under the age of 18 in violation of these Terms of Service.

While this app is intended for use as an alarm clock, we do not guarantee that it will be effective in waking you up from your slumber. Any number of reasons may prevent it from doing so, including a failure of the device on which you have the app installed, the software of the app itself, or other causes. We disclaim all liability for, and no warranty is made with respect to, the consequences of the app’s failure to wake you from your sleep.

This app and certain Wake Ups or third-party material may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on this app, on any web site or any combination thereof, including injury or damage to your device or other hardware or software, related to or resulting from using or downloading materials in connection with this app.

 

DISCLAIMERS REGARDING YOUR PARTICIPATION WITH THE YOGA WAKE UPS

We want to make sure that you are safe and comfortable while using this app and the Wake Ups, but we rely on you to exercise good judgement to ensure your own safety and comfort. You acknowledge that all exercise, yoga and meditation included, involves a risk of personal injury, including a small risk of serious injury or death, and you agree to take responsibility for your health and well-being in relation to the instruction provided by each Wake Up. By agreeing to observe these Terms of Service, you acknowledge and represent that you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise, and that your doctor has approved your use of each Wake Up and the instructions contained in each Wake Up.

If you currently have or are recovering from an injury, illness or other medical condition, or if you are overweight, pregnant, nursing or taking medication, you agree that you will not use this app or any of the Wake Ups until a doctor approves your use of this app and the Wake Ups. If you develop an injury, illness or other medical condition, or you become pregnant, start nursing or begin medication after you agree to observe these Terms of Service, you agree that you will cease all use of the app and all Wake Ups immediately, and continue to do so until a doctor approves your use of this app and the Wake Ups. If during the course of your use of this app or any of the Wake Ups, you experience any pain or discomfort, you agree to cease all use of the app and all Wake Ups immediately.

While we provide this app to you with the best of intentions, we make no representations or warranties that you will not incur discomfort, pain or injury as a result of using this app or any Wake Up, or that your fitness, health or well-being will measurably improve as a result of using this app or any Wake Up. This app is meant to be a tool, and it is up to you to use that tool in the best way you see fit for yourself.

 

DISCLAIMERS, GENERALLY

You fully accept all risks of using this app and the Wake Ups. You agree that we are not liable for any injury you sustain directly or indirectly as a result of your use of this app or any Wake Up, nor any losses associated with any injury that you may incur. Your rights and remedies in the event of our breach of these Terms or Service or other obligations are limited to your right to recover damages, if any, in action at law, and you waive any right or remedy in equity and/or to enjoin, restrain or otherwise impair the distribution of this app, any Wake Up(s), any other website or service offered by us, or the use, publication or dissemination of any advertising in connection with all of the above.

If applicable law requires any warranties with respect to this app, any such warranties are limited in duration to sixty (60) days from the first date of your use of this app. No oral or written information or advice provided by us or our resellers, agents or employees creates a warranty or in any way increases the scope of any warranty period.

You acknowledge and agree that this app may include certain modified open source software third party components. ALL SUCH SOFTWARE COMPONENTS ARE PROVIDED “AS IS” BY SUCH THIRD PARTY AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED BY SUCH THIRD PARTY.  IN NO EVENT WILL ANY SUCH THIRD PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR MISUSE OF SUCH THIRD PARTY MOBILE APPLICATION.

IN NO EVENT ARE WE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM YOUR USE, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THIS APP (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT ARE WE LIABLE FOR LOSS OF YOUR DATA, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF THIS APP.

OUR TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THIS APP.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THESE TERMS OF USE.

 

SUBSCRIPTION

Yoga wake Up offers the following subscriptions:

1 month: $9.99

6 months: $34.99

1 year; $53.99

This price is for United States customers. Pricing in other countries may vary and actual charges may be converted to your local currency depending on your country of residence.

Your Yoga Wake Up subscription will be charged through your iTunes account. At the end of the term, your subscription will automatically renew through your iTunes account. You will be charged for the regular price of your subscription within 24 hours prior to the end of the current term. You can turn off automatic renewal in your iTunes account settings, but you must do so at least 24 hours before the end of the current term. Refunds will not be provided for the unused portion of any term. Any unused portion of a free trial period, will be forfeited when the user purchases a subscription to that publication.

 

APPLE-SPECIFIC TERMS

If you downloaded this app from the Apple iTunes Application Store, Apple requires us to include the following and have them apply as part of these Terms of Service.

You acknowledge and agree that Apple is not responsible for this app, the Wake Ups, or any other content made available through this app. In addition, your use of this app is limited to a non-transferable license to use it on Apple-branded products running iOS (including, but not limited to, the iPad, iPhone, and iPod touch). Your use of this app is also governed by the Usage Rules set forth in the App Store Terms of Service. Apple also requires us to inform you that Apple has no obligation to furnish any maintenance or support services with respect to this app, and you agree to that.

Apple has no warranty obligation with respect to this and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms of Service is our responsibility. Please note that we have disclaimed all warranties (see above). Apple is not responsible for addressing any claims relating to this app or your possession and/or use of it. Apple is not responsible for any third-party infringement claims that this app or your possession and use of it infringe a third party’s intellectual property rights. You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to this app, and that Apple has the right to enforce these Terms of Service against you as a third party beneficiary thereof.

 

TERM AND TERMINATION

These Terms of Use stay in effect until they are terminated. You may terminate the Terms of Use at any time by deleting all copies of this app from all devices on which you installed it. We may terminate these Terms of Use immediately if you breach any provision of these Terms of Use. Immediately upon any termination of these Terms of Use, you agree to cease all use of this app and to delete all copies of this app from all devices on which you installed it.

 

SURVEYS AND FEEDBACK

From time to time, we may present you with surveys or solicit your opinion about this app. Your participation in these types of programs is completely voluntary. By submitting feedback to us through these surveys or through any other communication with you, you acknowledge and agree that: (a) the feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the feedback you provide; (c) we are entitled to use or disclose the feedback you provide for any purpose, in any way, in any media worldwide; (d) we may have similar ideas to the feedback you provide already under consideration or in development; (e) the feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

 

EMAIL AND TEXT COMMUNICATIONS

From time to time, we may send you Emails and text messages. These communications are designed to improve your experience with this app. You agree to accept and consent to receiving emails and text messages from us, which may include, without limitation, message notifications, promotions, new and existing feature updates, and information related to the Wake Ups. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel this notification service at any time. If you do not wish to receive any of our emails or text messages, please do not use this app.

 

MISCELLANEOUS

No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms of Use.

The failure of either party to exercise in any respect any right provided for herein is not deemed a waiver of any further rights hereunder. 

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use otherwise remain in full force and effect and enforceable. 

You may not assign, transfer or sublicense these Terms of Use without our prior written consent.  We may transfer, assign or delegate these Terms of Use and their rights and obligations without your consent. 

By using this app, you agree that these Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America. 

Any dispute arising under or relating to these Terms of Use will be resolved exclusively through arbitration in Los Angeles, California, before a single arbitrator. The arbitrator, and not any federal, state or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, without limitation, any claim that all of any part of these Terms of Use is void or voidable. You agree that you may only bring claims in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or any other United States or foreign agency or authority, and agree not to export, or allow the export or re-export of this app or any Wake Ups in violation of any such restrictions, laws or regulations or unless and until all required licenses and authorizations are obtained to the countries specified in the applicable U.S. Export Administration Regulations (or any successor supplement or regulations). By downloading or using this app, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

 

GENERAL

We may automatically push to your device, or otherwise require you to install, upgraded and/or new versions of this app. These Terms of Service govern your use of any and all upgrades and subsequent versions of this app, unless we provide you with new Terms of Service. If you decline to install such upgrades or new version, you may lose access to the app, the Wake Ups, and other material made available through this app.

These Terms of Use supersede all prior agreements, representations and warranties and understandings, whether oral or written, with respect to this app, and all Wake Ups. We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If the alterations constitute a material change to these Terms, We will notify you by send you an announcement through this app. What constitutes a material change will be determined by us. However, it is your responsibility to read and become familiar with any modifications that we may make. Using this app following notification of a material change to these Terms of Use constitutes you acceptance of the Terms of Use as modified.

By downloading and/or using this app, you acknowledge and agree that you have read and understand these Terms of Service. By selecting “Agree and Continue”, you indicate your consent and agreement to be legally bound by these Terms of Service.