These Terms & Conditions of Use (this “Agreement“) relate to the website and apps of Light Space Yoga Pty Ltd (“LSY”) (“Website“). The Website is owned by LSY.
This Agreement applies to: (1) all of the products, services and websites offered by LSY, including, but not limited to, the Website; (2) mobile, tablet, internet television, or other digital or electronic versions of the LSY video streaming platform; (3) any LSY software; and (4) any applications created by LSY whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service“).
Please note that the availability of any LSY applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between LSY and such social networking site, mobile or tablet device, or internet television or other technology platform.
This Agreement sets out the terms on which LSY makes available the Service to you. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor“ (which means that you simply browse the Service) or you are a “Member“ (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.
If you wish to become a Member, communicate with other Members and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Member registration process. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data“) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LSY reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of the Service) at any time. LSY’s Materials (as defined in clause 9 of this Agreement) and LSY’s Content (as defined in clause 6 of this Agreement) on the Service (collectively, “LSY Content“) is provided to you “as is“ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of LSY. Other than rights expressly granted to you, LSY reserves all rights in and to the Service and the LSY Content.
You may access Website and Content as available: (A) for your information and personal use; (B) as intended through the normal functionality of the LSY Service; and (C) for Streaming (“Streaming“ or “Stream“ means a contemporaneous digital transmission of an audiovisual work via the Internet from the LSY Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a LSY instructor, is a strenuous physical activity. Accordingly, we recommend that you seek the advice of your doctor before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. LSY and its instructors cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing LSY videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from LSY, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against LSY, or any person or entity involved with LSY, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
LSY’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to LSY you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and warrant that you are legally able to enter into any and all agreements with LSY and its partners, vendors, agents and service providers.
If you register on the Service, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LSY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from LSY. LSY will not be liable for any loss or damage arising from your failure to comply with this Agreement.
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content“) that:
In addition, you may not (a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any LSY server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or LSY’s systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to LSY on or through the Service, or (h) use the Service in an unlawful manner.
If LSY determines in its sole discretion that you are violating any of the terms of this Agreement, LSY may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If LSY terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
You understand that the Service and software embodied in the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by LSY and/or content providers who provide content to LSY. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by LSY or by third parties that have licensed or otherwise provided their material to LSY. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without LSY’s prior express written consent. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
The Service may not be used in connection with any commercial purposes, except as specifically approved by LSY. Unauthorised framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
Our Service contains LSY Content, and Content of third party licensors to LSY, which is protected by copyright, trademark, patent, trade secret and other laws. LSY owns and retains all rights, title and interest in the LSY Content. LSY hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the LSY Content and any third party Content located on or available through the Service (excluding any software code) solely for your personal, non-commercial use in connection with viewing and using the Service. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Service.
We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. LSY reserves the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through with the Service is accessed, with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that LSY may do so in LSY’s sole discretion at any time without notice.
LSY offers membership subscription-based access to its classes and other video content (“Classes“).. LSY reserves the right to cancel, interrupt, or reschedule any LSY Content or Class. Subject to your payment of any applicable fees and your compliance with all of the other terms LSY specifies for the Service, LSY grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes are available on the Service, to access, view, use, and display Classes for non-commercial, private use.
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. LSY reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if LSY believes that you have breached any of the terms of this Agreement, furnished LSY with false or misleading information, or interfered with use of the Service by others.
In no event shall LSY, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential loss or damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of LSY secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or in any other way.
Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. However, all other provisions of this Agreement will remain in full force and effect.
You agree to indemnify and hold harmless LSY, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to any legal fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party.
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Service, to obtain certain premium Content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any part of the Service) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LSY without your consent.
This Agreement constitutes the entire agreement between the parties in relation to their subject matter. No party can rely on an earlier document, or anything said or done by another party, or by a director, officer, agent or employee of that party, before this Agreement became effective.
This Agreement is governed by the Law of Victoria, Australia. You submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. You will not object to the exercise of jurisdiction by those courts on any basis.
You warrant that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set out in this Agreement.
LSY reserves the right to amend this Agreement at any time and without notice. Your use of the Service following any amendment of this Agreement will signify your consent to and acceptance of any revised terms.