Global Yoga Academy henceforth named as GYA
1.1 GYA operates an online platform and mobile apps aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious.
1.2 In order to be able to use the complete spectrum of GYA’s products and services, a one-time registration is required (see Section 4, below). However, certain content (e.g., information regarding sports, health or nutrition), including general descriptions of GYA can be viewed without registration.
1.3 GYA’s goal is to make sports enjoyable and to make a positive contribution to people’s health.
1.4 Your health is very important to us. ALWAYS consult your doctor about your athletic behaviour. GYA neither substitutes your doctor, nor is GYA responsible for your behaviour. The contents of the Globalyogaacademy.com platform or Apps from GYA, regardless whether they are provided by GYA, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these TERMS, you confirm that you are solely responsible for your health.
2. VALIDITY OF THE TERMS
2.1 GYA offers the Globalyogaacademy.com platform and GYA mobile apps on the basis of these TERMS. By registering, the user consents to the validity of these TERMS and any agreements incorporated therein by reference.
2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these TERMS.
2.3 These TERMS shall apply to all points of access, including (sub-)domains and mobile applications, for GYA’s products and services. In particular, the GYA online offering will be accessible via the following domain: globalyogaacademy.com.
2.4 These TERMS shall be valid until cancelled in the currently valid version as of 1st October 2015
3. SUBJECT OF THE AGREEMENT
Currently, GYA essentially offers its users the following applications and information in several languages:
3.1 globalyogaacademy.com platform:
3.1.1 Yoga Academy App in the Apple store
3.1.2 Yoga Academy App in the Google Play store
3.1.3 Yoga Academy App in the Amazon store
3.1.4 Mobile Fitness & Health Apps
3.1.5 Shop: In this category GYA displays and links to some external shops, which provide sports and fitness products. GYA acts as agent and not as vendor. Therefore special shop terms and conditions are defined, and are not part of these TERMS.
3.1.6 Content, e.g. texts, pictures and videos, regarding sports, health and nutrition will be presented by GYA and professional third parties (sports coaches, trainers, …)
3.1.7 Blog: Presentation of company information, products and news in long form
3.1.8 Other Content:
About us: Short description of GYA
Company offerings: Offers of GYA addressed to companies
Partners: Presentation of partners and supporters of GYA
Advertising by GYA and/or third parties
Support for users
3.2 Mobile applications; GYA Mobile
3.2.1 GYA offers applications for Apple iPhones, Android phones and other smartphones on a global scale.
3.2.2 These applications can be used both isolated on the smartphone as well as in connection with the Globalyogaacademy.com platform.
3.2.3 Subject to the user’s consent, relevant data is transmitted from the smartphone to the Globalyogaacademy.com platform and shared with other social networks (e.g., Facebook), respectively.
3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Globalyogaacademy.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.5 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.
3.3 Other Services of GYA
3.3.1 GYA will send newsletters to registered users. By accepting these TERMS, the user allows GYA to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from GYA
4. REGISTRATION AND SUBSCRIPTIONS
4.1 In order to be able to use the globalyogaacademy.com platform, a one-time, free registration is required. GYA offers users two options of registering on the Globalyogaacademy.com platform:
4.1.1 a “Free Membership” (basic), where only basic options and features are made available to users;
4.1.2 a “PREMIUM Membership”, with all options and features made available to users. YogaAcademy is free to download and use.
Upgrading to YogaAcademy Premium will give you full access to all features
You can choose from the following membership subscription plans:
1 Month subscription: $ 4.99
3 Months subscription: $ 11.99
12 Months subscription: $29.99
Payment will be charged to your iTunes account at confirmation of purchase. Monthly, Quarterly and Yearly subscriptions will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period. Your account will be charged for the renewal within 24-hours prior to the end of your current subscription period at the identified renewal cost.
You can manage your subscription by going into your Account Settings after purchasing a subscription.
You cannot cancel the current subscription during the active subscription period.
Need help? Email firstname.lastname@example.org
4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with GYA. Minors may only register with GYA subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to email@example.com
4.3 By registering, the user confirms their knowledge and the unlimited recognition of the content of these TERMS.
4.4 Each user shall register with GYA once only, and confirms with its registration that it has not registered an account with GYA before and has not deleted a previously activated user account.
4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:
4.5.1 Registration by use of the registration form provided on the globalyogaacademy.com platform:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary
4.5.2 Adoption by GYA of registration details provided by the user in the social network Facebook or Google G+:
Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+ , shall be adopted by the GYA network. The user can subsequently add to or reduce such details in such user’s profile on the Globalyogaacademy.com platform.
4.6 Following successful registration, the user can log on to the globalyogaacademy.com platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook connect or Google G+.
4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these TERMS, GYA will delete the corresponding account within a period of seven days.
4.8 GYA reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.9 GYA is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1 Fraud protection.
5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at firstname.lastname@example.org of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2 GYA will not refund any amounts paid by you to globalyogaacademy.com before you report an unauthorized or fraudulent use of your account.
5.1.3 Globalyogaacademy.com has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2 Promotions and Free Offers. Globalyogaacademy.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
6.1 Subscription Requirement. In order to use the GYA Premium Service for Premium Members, you must (i) be a registered user of the Globalyogaacademy.com platform, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by GYA (the “Subscription”). If you are not a registered user of the Globalyogaacademy.com platform, you must register before you can execute the Subscription.
7.1 Each user shall have the right to terminate the use of GYA’s online platform at any time via its account settings („My Profile“). GYA shall confirm such termination vis-a-vis the user.
7.2 Additionally, GYA reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
7.3 As a result of any termination pursuant to this Section 7,
7.3.1 all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users’ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
7.3.2 upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to delete.account@Globalyogaacademy.com, which shall include the email address provided to GYA upon registration.
8. USER OBLIGATIONS AND CONDUCT
8.1 Each user of the Globalyogaacademy.com platform must
8.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
8.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to GYA that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
8.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
8.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
8.1.5 not carry out any disrupting interferences in the GYA network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding GYA’s software or hardware;
8.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
8.1.7 provide prompt notice via email to abuse@Globalyogaacademy.com of any detected breaches of the aforementioned obligations;
8.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
8.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. GYA shall not be responsible for any lost or impaired details.
9. BREACH OF USER OBLIGATIONS
9.1 In order to ensure the proper and reliable provision of services, GYA imposes the following sanctions upon breach obligations by a user:
deletion of content;
temporary deactivation of user account; and
cancellation (irrevocable deactivation).
9.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of GYA’s and the user’s interests.
9.3 In the event a user account shall be cancelled in accordance with this Section 11, the respective user shall not be permitted to register again.
10.1 GYA permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these TERMS, in order to upload, save, publish, distribute, transmit and share content with other users.
10.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
10.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.
10.4 GYA shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
10.4.1 comply with statutory law, or court or administrative orders
10.4.2 ensure compliance with these TERMS;
12.4.3 react to claims of breaches of law raised by third parties; or
10.4.4 safeguard the rights, property or personal safety of GYA, its users and the general public.
10.5 The user grants GYA the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, GYA shall have the right to use, irrespective of the type of usage, all content both as part of the GYA platform and any other activity of GYA or any company affiliated with GYA. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that GYA uses content created by a user outside the GYA platform, GYA shall note that such content was created by the user.
10.6 GYA does not claim ownership of any content created by users and will not supervise such content.
10.7 GYA reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these TERMS, may be sanctioned in accordance with Section 11.
10.8 GYA shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.
12. REPRESENTATIONS AND WARRANTIES
12.1 GYA does not represent or warrant that the Globalyogaacademy.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
12.2 GYA does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
12.3 The user uses the GYA offering exclusively at their own risk. This applies, without limitation, to
12.3.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;
12.3.2 downloading of the user’s own and third party content; and
12.3.3 any use by the user of data created or provided by GYA, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and GYA does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
12.4 The use of any software or hardware offered by GYA is no substitute for the consultation by the user of a specialized doctor.
12.5 Additionally, GYA does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. GYA does not make any representations or warranties with respect to products or services of third party providers.
13. LIMITATION OF LIABILITY
13.1 GYA shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if GYA has caused a certain damage willfully or with gross negligence. In the event of slight negligence, GYA shall not be liable to other businesses and shall be liable to consumers only for personal damages. GYA shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
13.2 Unless required by statutory law, neither GYA nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
13.3 Globalyogaacademy.com assumes no liability for downloaded material or material obtained as a consequence of using the Globalyogaacademy.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Globalyogaacademy.com platform.
13.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Globalyogaacademy.com will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
14. INDEMNIFICATION BY USERS
14.1 The user shall indemnify GYA for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Globalyogaacademy.com platform by such user or as a result of any other usage by such user of applications available from GYA. The user shall bear the costs of any legal proceedings, in which GYA may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
14.2 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to GYA all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that GYA may be entitled to bring against the user shall not be affected.
15. CHANGES TO THE TERMS
15.1 GYA reserves the right to amend these TERMS from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these TERMS is available for viewing on the Globalyogaacademy.com platform.
15.2 Changes to these TERMS, other than changes to Section 3 require the consent of the respective user, to whom the changed TERMS shall apply. If GYA intends to implement such changes to these TERMS, GYA will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Globalyogaacademy.com platform, or (iii) on any other device through which the user accesses the GYA services. We may invite the user to accept the new TERMS by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
15.3 In the event that the user does not consent to the changed TERMS, it shall not be permitted to any further use of the Globalyogaacademy.com platform.
15.4 Following amendment of the TERMS, the continued use of GYA’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended TERMS.
15.5 Subject to Sections 17.1 to 17.4, any changes to these TERMS must be made in writing. No ancillary oral arrangements exist.