Terms Of Service

We want you feel happy and secure in your relationship with YogiTunes.com and to enjoy our service and products. Here's a lot of information about what's often called Terms & Conditions (or "T&C"s). Please take the time to read this information carefully. If you are uncertain about your rights under these T&Cs, or you want any further explanation about them please feel free to send us an email (http://www.yogitunes.com/contact).

The following T&Cs shall constitute a binding agreement between you and YogiTunes, LLC ("YogiTunes") for your use of the services provided on YogiTunes.com (the "Site"). This agreement, together with any amendments, additional terms and rules and policies (including the Privacy Policy) constitute the agreement between you and YogiTunes (the "Agreement"). By clicking on "Agree" at the end of this agreement you agree to and accept to be bound by the terms contained in the Agreement. The Agreement may be amended at any time by YogiTunes in its sole discretion. Any amendments will be posted on the Site and you should check the Agreement regularly to ensure you are aware of any such changes. Your continued use of this site will constitute ongoing acceptance of the Agreement, including any modifications and amendments posted online.

1. Service and Content

YogiTunes provides digital recordings of music, artwork, audio visual material, software and other associated products that you may download and/or purchase from the Site in accordance with the terms set out in the Agreement (the "Service"). The Site allows you to listen to promotional audio clips ("Samples") and obtain downloads of sound recordings ("Tracks") and other related materials ("Materials") (together the "Content"). Each individual download or purchase via the Site is a separate sales transaction and is governed by the terms of this Agreement.

All of the Content contained on the Site including (but not limited to) music, downloads, samples and clips, graphics, images, text, logos, editorial content, the layout (including look and feel) and selection of interfaces, site architecture, software and source codes are the property of YogiTunes or its content and technology providers and are in many instances protected by U.S. and international trademark, copyright and intellectual property rights laws. You agree to respect these proprietary rights, titles and interests in accordance with the provisions of Section 2 ("Use of the Site") and acknowledge that any violation of these rights may be subject to both civil and criminal penalties, including possible monetary damages, for copyright infringement. For the avoidance of doubt, unless explicitly agreed in writing with YogiTunes your access to the Site does not grant or transfer you any interest or right in relation to the Content.

This Site contains banners and links to other independent third-party websites ("Links"). These Links are provided for your convenience and are not within the control of YogiTunes. YogiTunes is not responsible for and does not endorse the content of such Links, including any information or materials contained therein. Any interaction with the Links should therefore be in your own discretion.

Similarly, you acknowledge that the Site may contain reviews and feedback from other Site users. For the avoidance of doubt, YogiTunes shall in no circumstance be liable for any such content uploaded to the Site or the views expressed therein.

2. Use of the Site

The Service is for personal and non-commercial use only. "Personal and non-commercial use" includes using the Content in a teaching and/or workshop environment or as ambient background music within a business provided that such use complies fully with the terms of this Agreement and that there is no intention by the user to distribute or resell.

Except as provided in this Agreement, you may not copy, reproduce, modify, rent, lease, sell, broadcast, download, transmit, network file-share, distribute, perform or otherwise publish or disseminate any Content without the express prior written consent of YogiTunes. You may not play and re-digitize Content nor create derivative works therefrom (including using the Content as soundtrack for filmed productions) without the express prior written consent of YogiTunes.

You may not rent, lease or otherwise transfer rights in relation to the Site. You may not utilize the Site in any way, which could impair or compromise either its operation or the commercial operation of YogiTunes or interfere with other users' enjoyment of the Service (including taking any action which may place an unreasonable or disproportionately large load on the Site infrastructure or the systems and networks of YogiTunes and/or its' service providers).

You may not violate or attempt to violate (or support others' attempts to violate) the security of the Site in any manner with a view to obtaining unauthorized access to the Service and/or Content, including hacking, password mining or other illegitimate means. You may not use any "deep-link", "scrape", "bot", "spider", data mining, computer code or other automatic device, program, algorithm or methodology, or any similar equivalent manual process to access, acquire, attempt to derive source code from, copy or monitor any portion of the Site or to in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain Content or other information through any means not purposely made available by YogiTunes. You may not breach any of the security authentication measures on or connected with the Site nor seek to reverse look-up or trace information on any other Site user or visitor. You agree that you will use the Site in compliance with all applicable laws and regulations and acknowledge that your right to utilize the Site will terminate immediately and without notice if you violate any of the provisions of this Agreement.

3. Age Requirement

You must be at least 13 years of age or older to use this service. In order to register to use the website on your own behalf you must be at least 18 years of age. If you are under the age of 18 you are unable to enter into this Agreement and you should get your parent or legal guardian to review and enter into the Agreement on your behalf. Any parent or legal guardian entering into this Agreement for the benefit of their child shall be fully responsible for the child's usage of the Site and any financial or legal liabilities incurred in relation thereto.

4. System Requirements for Usage

Use of the service requires a compatible computer, internet access and certain software (including updates from time to time). You are fully responsible for this hardware and software and for both associated hardware/ software fees and update fees and those fees payable for internet access. If you need further information on the specifications of any equipment, internet access or software required to use the services provided by YogiTunes please email your request using the contact form found on our contact page (http://www.yogitunes.com/contact).

5. Registration and Security

To use the services provided by YogiTunes and have access the Content you must be a registered user of the Site. To register you must provide certain information including a user name, password and valid email address (at which you give YogiTunes permission to contact you). YogiTunes will use this information in accordance with its Privacy Policy (please click to view). As a registered user of the Site you will set up an account through which you may make purchases and use the Service (your "Account"). You acknowledge that you are responsible for providing current, accurate and complete information and will notify YogiTunes of any changes to that information. YogiTunes reserves the right to terminate any Account for which inaccurate, false, misleading or incomplete information is provided. You must not seek to gain unauthorized access to the Site nor assist others to do so.

You acknowledge that as the registered user of the Site and a party to this Agreement, you are responsible for all activity and costs incurred in connection with your Account or user name, including any financial and legal liabilities. As such, you will take all reasonable steps to ensure the security of your password, membership number and name and other relevant Account information and acknowledge that any decision to disclose Account information or authorize friends, family and colleagues to use your account is taken at your own risk. You will notify YogiTunes immediately of any unauthorized use of your Account. For the avoidance of doubt, YogiTunes will not be held responsible for any losses incurred due to unauthorized use of your Account by any third party you agree to hold harmless and to indemnify YogiTunes, its partners, agents, licensors and affiliates (as applicable) for any improper, unauthorized or illegal uses of your Account.

6. Charges and Billing

All billing is undertaken on behalf of YogiTunes by Authorize.net and references to YogiTunes in the context of charges and billing will also be deemed to refer to Authorize.net where relevant.

Payment is by credit card or PayPal® only. You agree to pay for all Content that you purchase through YogiTunes and you agree that YogiTunes may charge your designated credit card or PayPal® account for such payment and any additional amounts (such as delivery fees or late payment charges) which may be accrued on your Account. You agree and acknowledge that YogiTunes may store and use your Account details in billing fees to your credit card and maintaining your Account.

You agree that any purchase requests you make will constitute your intent and agreement to be bound by the Agreement and to pay for such purchase at the stated price and that each download is an individual sale and subject to the terms and conditions of this Agreement

The prices quoted on the Site are subject to change from time to time and are inclusive of all United States applicable taxes, including sales taxes. Any promotions and/or special offers are provided in the sole discretion of YogiTunes and may be withdrawn at any time and without notice. YogiTunes does not offer price protection in the event of a subsequent price drop or promotion.

Digital downloads are non-refundable once download has commenced. YogiTunes will not be liable to you for refunds on Products which have been purchased but not downloaded, unless YogiTunes is solely responsible for the failure to download. Physical items may be returned and refunded according to the relevant returns policy.

The obligation to pay for Content, which you have agreed to purchase, will survive termination of your Account. Any unauthorized or fraudulent transactions on your credit card are the responsibility of your card issuer.

7. Termination

YogiTunes may in its absolute discretion and without notice to you terminate this Agreement or suspend your Account if at any time if YogiTunes (in its reasonable opinion) believes that you have breached the provisions of the Agreement. YogiTunes will have no liabilities to you for termination or suspension under this section of the Agreement. You will remain liable for any payments owing on your Account up until and including the date of termination.

8. Indemnity

By using the Site you agree to indemnify and hold harmless YogiTunes and its directors, employees, shareholders, parents, subsidiaries and affiliates, agents, representatives, licensors, contractors and content and technology providers from any and all losses, liabilities, claims, demands, causes of actions and judgments (including attorney fees and court costs) due or connected to your use of the Site or the Content, breach of this Agreement or action taken in relation to a suspected violation of the Agreement and to reimburse them upon demand for any losses, expenses or costs which are incurred in relation thereto to the fullest extent provided by applicable law.

You shall not sue or seek to recover any damages or other payment from YogiTunes and/or its directors, employees, shareholders, parents, subsidiaries and affiliates, agents, representatives, licensors, contractors and content and technology providers as a result of its decision to terminate or suspend the Agreement and service hereunder.

9. Disclaimer and Limitation of Liability

By agreeing to the terms of the Agreement you accept that your use of the Site and the services contained therein is at your own discretion and risk. The Site, and Content are provided "as is" and "as available" and are subject to change. YogiTunes does not promise that the Site or Content will be error-free or uninterrupted, or that defects will be corrected. To the fullest extent provided by applicable law, YogiTunes disclaims all warranties, express or implied, including (but not be limited to) all implied warranties of fitness for purpose or merchantability. YogiTunes disclaims any and all liability for the acts, omissions and conduct of third parties in relation to your use of the Site.

Save for liability which cannot be restricted or excluded by law, YogiTunes shall have no liability to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even where YogiTunes has been advised of the possibility of the same. If, notwithstanding the other provisions of this Agreement, YogiTunes is found to be liable to you for any damage or loss which arises from or is in any way connected with your use of the Site or any Content, YogiTunes' liability shall not exceed the sum of fifty dollars ($50.00). The above limitations will apply even if the above stated remedy fails of its essential purpose.

Some jurisdictions do not allow limitations of liability in certain circumstances (such as death, personal injury, fraudulent misrepresentation or violation or specific statutes, or the limitation of incidental or consequential damages so the foregoing limitation may not be applicable to you. In this instance, instead of the provisions herein YogiTunes shall be entitled to the maximum disclaimers, reliefs and/or limitations on damages available at law or in equity by the applicable law.

YogiTunes shall use its reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to YogiTunes for any loss or liability to you relating to such information. For the avoidance of doubt, YogiTunes shall under no circumstance be liable for any unauthorized use of the Site or Content via your Account. Some Content can only be downloaded once and it is therefore your responsibility to take appropriate measures to back up your purchases from the Site.

Whilst YogiTunes will make reasonable efforts to ensure an interrupted service, YogiTunes does not make any guarantee, represent or warrant that your use of the Site will be uninterrupted and without error and you recognize that YogiTunes reserves the right to at any time and without notice (i) temporarily suspend or interrupt the Service or a portion thereof in order to (for example) undertake essential Site maintenance, error correction or other changes, (ii) modify or change the Site or any portion thereof and any applicable policies and terms including changing Content and prices and (iii) to indefinitely suspend or terminate operation of or access to the Site or an Account for any reason. Whilst YogiTunes will make reasonable efforts to ensure that the Site will be free from viruses, corruption or loss or other security breaches, YogiTunes makes no warranties in this regard and shall not be liable for any loss relating thereto.

As with any physical activity, yoga practice may carry certain physical risks which cannot be eliminated. Not all postures or sequences are suitable for everyone or safe under certain medical circumstances including pregnancy.  As with any exercise product or program, you should consult your physician or healthcare professional prior to use to determine suitability in the context of your own medical circumstances. You are responsible for the decision to practice. YogiTunes makes no representations regarding the suitability of yoga or physical activities for Site users, offer medical or professional opinions on the use of yoga, Pilates or any exercise program or seek to recommend or endorse such activities. YogiTunes shall have no liability for any injury or damage which results from your yoga practice or participation in similar physical activities.

YogiTunes shall have no liability to you for Content which for personal reasons you may find to be objectionable or offensive.

10. Governing Law and Dispute Resolution

This Agreement shall be interpreted in accordance with the laws of the United States and the State of California without giving effect to its conflict of law provisions. You agree that all matters relating to your access or use of the Site will be governed in accordance with such laws and irrevocably submit to the jurisdiction of the courts of the State of California to hear and decide any action or settle any dispute which may arise in connection with this Agreement.

In the event of any controversy or dispute arising out of or in connection with your use of the Site and this Agreement both you and YogiTunes agree to attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

11. Miscellaneous

Your use of the Site and your Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any orders that you make via the Site constitute your intent and agreement to be bound by the terms of this Agreement (as amended from time to time) and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all interactions on the Site and in relation to your account, including (but not limited to) notices of cancellation, policies, contracts, and applications.

Nothing herein shall be deemed to constitute a partnership, agency or joint venture between you and YogiTunes or you and the Site.

In entering into this Agreement, you agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site or Content.

This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by YogiTunes to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.

YogiTunes will not be responsible for failures to fulfill any obligations due to causes beyond its control and acts of God (force majeure).