Viewer Terms of Service Agreement

Last updated: Nov 25, 2020

Detour Virtual Studio

Terms of Service

These terms of service constitute a legally binding agreement (these “Terms”) between you and Yoga Detour Inc. (“Yoga Detour” “we,” “us” or “our”) governing your use of the Yoga Detour virtual studio website (https://www.detourvirtualstudio.com/) (“Site”) which offers subscription services that allow individuals to access yoga and movement classes and programs streamed over the internet (collectively with the Site, the “Services”).

By entering into these Terms and/or accessing or using the Services, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. The Services

Through the Site, Yoga Detour offers subscription services that allow individuals registered for a User Account (as defined below) (each a “User” and collectively, “Users”) to stream, during the subscription period, pre-recorded yoga and movement classes (“Classes”) taught by individuals from around the world registered by Yoga Detours as instructors. You agree that the Services are made available solely for your personal and non-commercial use.

2. Eligibility to Use the Services

Eligibility. The Services are not available to children (persons under the age of majority in your province or territory of residence) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least the age of majority in your province or territory of residence and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your User Account.

Connection. In addition, to access or use the Services, you must have continued access to the internet. When you access or use the Services, the resolution and quality of Yoga Detour Content (as defined below) you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution of the Yoga Detour Classes you will stream. You are responsible for obtaining the data network access necessary to access, use or purchase the Services.

3. Privacy Policy and Additional Policies

We will collect some of your personal information to create your User Account (as defined below). All personal information collected, used or disclosed while providing the Services is governed by our Yoga Detour Privacy Policy located at https://www.detourvirtualstudio.com/privacy (“Privacy Policy”). By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

In addition, by using or accessing the Services, you agree to be bound by any additional policies or rules communicated through the Services, including, without limitation, any policies referred to in the Terms. For example, we may post additional policies, guidelines, rules, obligations or agreements that specifically relate your use of the Services. You agree to comply with such policies, guidelines, rules, obligations or agreements even if they are not identified in these Terms.

4. User Accounts; Registration Data; Account Security

Users can browse the Site without registering for an account. In order to use or access the Services, you must create a User account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted through online accounts you may have with third party social media services or by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the to or through the Services, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to or through the Services.

You may not impersonate any other person while using the Services. Yoga Detour will not be liable for any loss or damage from your failure to comply with this obligation. You are responsible for all activity related to your User Account.

5. Free Trial

If you register for a free trial on the Site (“Free Trial”), Yoga Detour will make the Services available to you on a trial basis free of charge until the end of the Free Trial period for which you registered to use the applicable Services. Additional trial terms and conditions may appear on the Site’s Free Trial registration page. Any such additional terms and conditions are incorporated into these Terms by reference.

We require that you provide a valid credit card at the time you register for a Free Trial to ensure that you have continued access to the Services after the expiration of the Free Trial period. You may only use a Free Trial once. You will not receive a notice from Yoga Detour that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription before the end of the Free Trial period. During the Free Trial, the Services are provided “as-is” without any warranty, support or service levels and Yoga Detour shall have no indemnification obligations nor liability of any type with respect to the Services for the Free Trial period.

We may make the Services available free of charge to eligible students registered in our educational courses for as long as such students continue to be enrolled in our educational courses. We reserve the right, at any time and without prior notice, to remove or disable access to the Services if we, in our sole discretion, consider such students not to be eligible anymore.

6. Fees and Payments

Billing. Subscriptions, which provide you with access to the Services, are billed on a periodic basis as specified at the time of purchase (e.g., monthly or yearly). Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or your User Account or the Services are otherwise suspended or discontinued pursuant to these Terms.

Cancellation. If your subscription is cancelled or terminated before the end of the applicable billing cycle, Yoga Detour will not reimburse you for the remainder of that paid month. Users may cancel their subscription at any time. Subscriptions must be canceled prior to their renewal date in order to avoid additional charges. Details about refund requests are available here: https://www.detourvirtualstudio.com/help/articles/refund.

Pricing. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Yoga Detour later increases the price of the subscription, Yoga Detour will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

No Sharing of Subscriptions. Users may not share, give or sell their password or username to any other person or entity. Excessive streaming of Classes or logins by any User may be construed by Yoga Detour as fraudulent use of the Service, which will result in the immediate cancellation of the User Account without refund. Yoga Detour reserves the right to cancel any User Account it believes has been compromised, or is being used fraudulently, at its own discretion.

Payment Processing. Users may be required to provide a credit card, other payment and/or banking information when registering for a User Account. If and when you add a credit card, payment method and/or banking information to a User Account, you represent and warrant that you are authorized to use such designated payment method, and you authorize us to provide this information to our third party payment processor to charge your payment method for the total amount associated with the purchased Services. You acknowledge and agree that our third party payment processor’s terms will govern your agreement and interactions with them and that we have no liability arising from your use of or access to such payment processor. You agree to review our third party payment processor’s terms and policies. Yoga Detour reserves the right to switch payment processing vendors in its discretion. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your subscription may be suspended or cancelled until you are able to resolve the payment issue.

7. Ownership, Copyright and Trademarks

Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Site may include posted information, feedback, communication between Users, and other data uploaded by a User to the Services. Yoga Detour’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 9 of these Terms.

Other than User Content, the Services, the Content, the Site and any other software used to create and operate the Services is the property of Yoga Detour or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.

8. License to Use the Services, License Restrictions and Restricted Activities

Yoga Detour grants to you a revocable, non-exclusive, non-sublicensable license to use the Site and Services, access the Services and to view the content available to you through the Services (“License”).

Other than as expressly permitted in these Terms, the License is subject to the following restrictions and account terms:

The Services are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Services or Site;

You may not make or distribute copies of the Services;

You may not alter, merge or translate the Site, or decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form;

You may not modify or create derivative works based on the Services;

You may not use the Services for any application deployment or ultimate production purpose;

You may not use the Services to develop any application having the same or similar primary function as the Services;

You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content;

You may not otherwise use the Services other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws;

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Yoga Detour at any time;

Your use of the Services must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law;

You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, hateful or illegal; and

You may not (i) index, scrape “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Services; (ii) link directly or indirectly to any other websites, applications or services.

9. Your Limited License of Your User Content to Yoga Detour

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you (a) grant Yoga Detour and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the Restrictions described Section 10).

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.

10. User Content Guidelines, Reviews and Specials Guidelines

The Services may permit Users to upload or input User Content. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“User Content Guidelines”):

Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Yoga Detour;

Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Content that is intended to advertise the Services of another person;

Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;

Viruses, corrupted data or other harmful, disruptive or destructive files;

Content that is unrelated to the use of the Services.

Reviews, comments, feedback and general questions posted on the Services must comply with the following (“Review Guidelines”):

Users who wish to post a review of Classes must have a User Account;

Reviews must be legal and must not infringe the rights of any party;

Reviews must comply with the User Content Guidelines above;

Reviews must not be written by or be about minors (under the age of 18); and

Reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).

Reviews on the Site are the sole, subjective opinion of the Users who posted them. Yoga Detour does not endorse any of the reviews posted on the Services and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section.

If you believe that a review was written in a manner that contravenes these Terms, you may request a removal of such review through the Site.

Any use of the Services or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. Security of the Services

To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Services is encrypted using SSL certificates.

However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.

12. Third Party/Open Source Software

The Services may contain and/or may connect to third party software and/or open source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through the Services or by contacting Yoga Detour at https://www.detourvirtualstudio.com/contact/support.

13. Typographical Errors or Inaccuracies

The Site may contain typographical or photographical errors or inaccuracies and may not be complete or current. Yoga Detour reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing or subscriptions and, to the extent permitted by applicable law, Yoga Detour reserves the right to cancel or refuse to accept any new subscription based on incorrect pricing or availability information. We apologize for any inconvenience.

14. Disclaimers

THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM YOGA DETOUR OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOGA DETOUR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOGA DETOUR DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.

ANY SERVICES PROVIDED ON OR THROUGH THE SITE MIGHT BE INAPPROPRIATE FOR YOUR OWN SITUATION AND ARE NOT SUBSTITUTE FOR MEDICAL ATTENTION, EXAMINATION, DIAGNOSIS OR TREATMENT. YOGA PRACTICE AND OTHER EXERCISES CAN BE CONTRAINDICATED FOR INDIVIDUALS WITH CERTAIN MEDICAL CONDITIONS. YOGA DETOUR ASSUMES NO RESPONSIBILITY FOR HOW YOU USE SUCH SERVICES. WE ADVISE YOU TO DISCUSS ANY QUESTIONS YOU MAY HAVE REGARDING ANY SERVICES AND/OR THE STATUS OF YOUR HEALTH WITH A QUALIFIED HEALTHCARE PHYSICIAN OR OTHER HEALTHCARE PROVIDER PRIOR TO USING OR ACCESSING THE SERVICES.

15. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Yoga Detour, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the Services at your own risk.

Without limitation of the foregoing, neither Yoga Detour nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from Yoga Detour or any other Released Party or accessible via the Services, or that result from mistakes, errors, omissions, interruptions, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Yoga Detour, any User, or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Yoga Detour, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any amount paid by you for access to the Services during the three months prior to the date of any claim, if any.

You shall defend, indemnify and hold harmless Yoga Detour and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from (a) the use of the Services by any person to whom you give access to your account; (b) Yoga Detour’s use of your User Content; or (c) your violation of the rights of any third party.

16. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Yoga Detour reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.

Yoga Detour reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and we will post a notice on the Site visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please contact us at at https://www.detourvirtualstudio.com/contact/support.

17. Communications

By creating a User Account, you agree to receive certain communications from Yoga Detour. For example, you will receive notifications, our newsletter and other promotional e-mails. You can opt-out of non-essential communications. Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 15 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data, if any. Second, we may post a notice to you on your User Account page. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Subject to the Privacy Policy, if you send to Yoga Detour any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Yoga Detour can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Services or send them to us.

18. Applicable Law and Venue

The Services are controlled by Yoga Detour and operated by it from its offices in Toronto, Ontario. You and Yoga Detour both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Yoga Detour explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Yoga Detour related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Yoga Detour. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Yoga Detour and the other Released Parties for your failure to comply with any such laws.

19. Termination of Agreement

You and Yoga Detour may terminate these Terms and your use of the Services at any time. When you terminate these Terms, you must cease using the Services immediately. When your account is terminated, any User Content you have uploaded to the Services may remain on the Services. The license you grant to us in Section 9 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 7, 8, 9, 13, 14, 15, 17, 18 and 19, and any representation or warranty you make in these Terms, shall also survive indefinitely.

20. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Yoga Detour may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Yoga Detour, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Yoga Detour regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Yoga Detour regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

21. Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us here:

Yoga Detour Inc.

info@yogadetour.com

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