DDPY Interactive Terms of Service
Updated 4/8/2016
PLEASE READ THIS DOCUMENT CAREFULLY. DDP YOGA NOW ("DDP YOGA NOW," "we," or "us") is an online fitness service located at DDPYOGANOW.com (the "DDP YOGA NOW Service" or "Service") with related mobile applications and desktop applications and websites, such as www.ddpyoganow.com and www.ddpyoga.com. By registering as a member or by using the DDP YOGA NOW Service in any way, you accept the following Terms of Service ("Agreement" or "Terms"), which forms a binding agreement between you and DDP YOGA INC. You should also read and understand the DDP YOGA Privacy Policy, which is incorporated by reference into this Agreement and is available on the DDP YOGA NOW web site.
Prior to using the DDP YOGA NOW Service, you should understand that by using the Service in any way, you are agreeing to accept certain liability limitations and legal and health disclaimers, as explained throughout this Agreement. Your use of the DDP YOGA NOW Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service. Please check with your a medical professional prior to beginning this or any other fitness program.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE DDP YOGA NOW SERVICE.
For information regarding this Agreement please contact us at feedback@ddpyoga.com.
HEALTH WARNING AND LIABILITY DISCLAIMER:
DDP YOGA NOW SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTINGFROM THE USE OF THE DDP YOGA NOW SERVICE.
Content of These Terms of Service
1. Who May Use the DDP YOGA NOW Service
2. Professional Advice and Medical Disclaimer
3. Your Representations and Warranties as a Member
4. General Disclaimers
5. Limitation of Liability
6. Privacy
7. Membership Provisions
8. Payments
9. Term and Termination; Account Deletion
10. Content Restrictions
11. Code of Conduct and Prohibited Activities
12. Submissions
13. Indemnification
14. License to Use the DDP YOGA NOW Service
15. Third Party Links and Content
16. Intellectual Property
17. Copyright / DMCA Policy
18. General Provisions
1. Who May Use the DDP YOGA NOW Service
AGE REQUIREMENT: You must be at least 18 years old to use the DDP YOGA NOW Service.NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the DDP YOGA NOW Service. If your child is using the DDP YOGA NOW Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the DDP YOGA NOW, please contact us at feedback@ddpyoga.com.
2. Professional Advice and Medical Disclaimer.
THE DDP YOGA NOW SITE IS CONTINUALLY UNDER DEVELOPMENT AND DDP YOGA NOW MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE DDP YOGA NOW SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In becoming a Member of DDP YOGA NOW with the intent of using the DDP YOGA NOW Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of DDP YOGA.If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of DDP YOGA.
4. General Disclaimers
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the DDP YOGA NOW Service, and no warranties shall apply after such period.
5. Limitation of Liability
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
6. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:What information we may collect about you;What we use that information for; andWhen and with whom we share that information.CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
7. Membership Provisions
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the DDP YOGA NOW Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at feedback@ddpyoga.com.
8. Payments
DDP YOGA NOW may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
9. Term and Termination; Account Deletion
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by DDP YOGA NOW will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. DDP YOGA NOW shall not be responsible for the loss of such content.
10. Content Restrictions
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that DDP YOGA NOW may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
12. Submissions
As between you and DDP YOGA NOW, you own all content that you submit to the DDP YOGA NOW Service, whether directly via the DDP YOGA NOW Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to DDP YOGA NOW, you are granting DDP YOGA NOW and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.You further grant all users of the DDP YOGA NOW Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to DDP YOGA NOW on improving or adding new features to the DDP YOGA NOW Service, DDP YOGA NOW shall have the right to use your suggestions without any compensation to you.For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to DDP YOGA NOW and grant the licenses set forth above; (ii) DDP YOGA NOW will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
13. Indemnification
You agree to indemnify, defend, and hold harmless DDP YOGA NOW and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the DDP YOGA NOW Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to DDP YOGA NOW violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. DDP YOGA NOW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DDP YOGA NOW in connection therewith.
14. License to Use the DDP YOGA NOW Service
LICENSE: DDP YOGA NOW grants you a limited, non-exclusive license to access and use the DDP YOGA NOW Service for your own personal, non-commercial purposes. This includes the right to view content available on the DDP YOGA NOW Service. This license is personal to you and may not be assigned or sublicensed to anyone else.RESTRICTIONS: Except as expressly permitted by DDP YOGA NOW in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the DDP YOGA NOW Service. Nor will you take any measures to interfere with or damage the DDP YOGA NOW Service. All rights not expressly granted by DDP YOGA NOW are reserved.MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).Your use of the DDP YOGA NOW Service through any applications or device constitutes your agreement to be bound by these Terms.Any DDP YOGA NOW application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, DDP YOGA NOW, Inc. (Application Provider) reserve all rights not expressly granted to You.Accordingly, if you download the DDP YOGA NOW Application, you will be:installing a software program on your product in the form of an application;entering into this contract with DDP YOGA NOW, Inc. governing your use of the application.
15. Third Party Links and Content
More specifically, your participation, correspondence or business dealings with any third party found on or through the DDP YOGA NOW Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that DDP YOGA NOW shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
16. Intellectual Property
You acknowledge that the DDP YOGA NOW Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All DDP YOGA NOW-generated Content and Content devolped for DDP YOGA NOW by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, DDP YOGA NOW owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the DDP YOGA NOW Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.The DDP YOGA NOW name, logos and affiliated applications and technologies are the exclusive property of DDP YOGA NOW, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.DDP YOGA NOW owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
17. Copyright / DMCA Policy
DDP YOGA NOW respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the DDP YOGA NOW Site do not infringe any third party copyright.DDP YOGA NOW will promptly remove materials from the DDP YOGA NOW Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, DDP YOGA NOW may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright HoldersIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the DDP YOGA NOW Site the material that you claim is infringing may be found, sufficient for DDP YOGA NOW to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your electronic or physical signature.
You may submit this information via:
Email: feedback@ddpyoga.com.
Offline: DDP YOGA NOW's Copyright Agent (see contact information below)
Filing a DMCA Counter-notification to Restore Removed Content for DDP YOGA NOW Users
If you believe that your material has been removed by mistake or misidentification, please provide DDP YOGA NOW with a written counter-notification containing the following information:
Your name, address, and telephone number.
A description of the material that was removed and the location on the DDP YOGA NOW Site (e.g., the URL) where it previously appeared.A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which DDP YOGA NOW may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.
You may submit this information via:
Email: feedback@ddpyoga.com
Offline: DDP YOGA NOW's Copyright Agent (see contact information below)
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
Warning
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.DDP YOGA NOW may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
18. General Provisions
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against DDP YOGA NOW in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against DDP YOGA NOW or its affiliates any class action, class arbitration, or other representative action or proceeding.By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and DDP YOGA NOW or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against DDP YOGA NOW (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.This Agreement, and any dispute between you and DDP YOGA NOW, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by DDP YOGA NOW in exercising any right hereunder will waive any further exercise of that right. DDP YOGA NOW's rights and remedies hereunder are cumulative and not exclusive.SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without DDP YOGA NOW's prior written consent. No third party shall have any rights hereunder.NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from DDP YOGA NOW electronically. DDP YOGA NOW may provide all such communications by email or by posting them on the DDP YOGA NOW Service. For support-related inquiries, you may send an email to feedback@ddpyoga.com or the following address:
DDP YOGA NOW, Inc.
1239 Concord Rd SE
Smyrna, GA 30080
Attention: Legal Department
Nothing herein shall limit DDP YOGA NOW's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by DDP YOGA NOW on the DDP YOGA NOW Site or a written amendment signed by an authorized representative of DDP YOGA NOW. A revised Terms of Service will be effective as of the date it is posted on the DDP YOGA NOW Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
Privacy Policy
This Agreement constitutes the entire understanding between DDP YOGA NOW and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.