Strala
Terms of Use
Welcome to Strala. Please read these Terms of Use ("Site
Terms") carefully before you start to use any of the products, services,
content, and applications made available by or through stralayoga.com
(collectively "Our Website"). By using Our Website, you accept and
agree to be bound and abide by these Site Terms and by Our Privacy Policy,
which is incorporated by reference into these Site Terms. Our Website is
offered to users who are 18 years of age or older. By accessing or using Our
Website, you represent and warrant that you are of legal age to form a binding
contract with Us. If you do not meet this requirement, you must not access or
use Our Website.
About Our Website
Our Website is owned by Strala Productions, LLC
("We", "Us", "Our" or "Strala"). Our
Website provides content related to Strala, its products and services, yoga and
wellness and allows user’s the opportunity to post comments, interact with other
user generated content, and to access to a variety of courses, trainings and
other products.
About The Site Terms
The Site Terms have the same effect as an agreement in writing and
govern your use of Our Website. If you do not agree to the Site Terms, you must
not use Our Website. We may modify the Site Terms at any time. Your continued
use of Our Website after any such changes take effect constitutes your
acceptance to such changes. Each time you visit or log into Our Website, you
reaffirm your acceptance of the Site Terms. You are responsible for regularly
reviewing the Site Terms. The Site Terms may be supplemented by additional
terms and conditions applicable to specific areas of Our Website, or to
particular content or transactions.
Disclaimer
Our Website and the content, products and services available on Our
Website, including Our Courses (defined below), include information and
instruction relating to yoga, physical fitness, diet, exercise, health, wellness
and related topics (collectively, “Our Wellness Content”). You acknowledge and
agree that the following warnings and disclaimers shall apply to all of Our
Wellness Content:
Before participating in or using any Wellness Content, We strongly
recommend that you consult with a physician or other healthcare professional. Strala
and its staff are not physicians or healthcare professionals (“Professional
Care Providers”) and have no expertise in advising on, diagnosing, examining,
or treating medical or psychological conditions of any kind (“Conditions”), or
in determining the effect of any specific action, activity, routine or program
on any Condition. Strala and its staff are not rendering professional advice of
any kind to you, including without limitation, medical, psychological,
emotional, relationship or personal growth advice, counseling, therapy,
treatment or coaching (“Professional Advice”). You acknowledge and agree that
when participating in any yoga or exercise program or other activity or program
described in Our Wellness Content, and/or when using any fitness products or
products or services described or provided in or through Our Wellness Content,
there is the possibility of severe and permanent physical injury or death, and
you assume the risk and responsibility for that result. Our Wellness Content is
not meant to be a substitute for Professional Advice from Your Professional
Care Provider and We make no warranties, express or implied, as to the
completeness, accuracy, or appropriateness for any purpose of any information
or content contained in Our Wellness Content. You should never disregard
medical or other Professional Advice or delay seeking it because of a statement
contained in Our Wellness Content. If you experience any discomfort or pain
during an activity while participating in in Our Wellness Content, you must
immediately cease the activity and seek the assistance of a Professional Care
Provider.
General Terms and Conditions
1. We May Discontinue or Suspend Our Website or Terminate Your Use:
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, Our Website (or any part thereof) with
or without notice. You agree that We shall not be liable to you or any third
party for any such modification, suspension or discontinuance of Our Website or
if for any reason all or any part of Our Website is unavailable at any time or
for any period. In addition, we reserve the right to terminate your access to
Our Website for any reason, and to take any other actions that We, in Our sole
discretion, believe to be in the interest of Our company and of Our users as a
whole with respect to access and use of Our Website.
2. Your Access to the Our Website and Prohibited Uses. To access
Our Website or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your
use of Our Website that all the information you provide on Our Website is
correct, current and complete. You agree that all information you provide to
register with Our Website or otherwise, including but not limited to through
the use of any interactive features on Our Website, is governed by Our Privacy
Policy, and you consent to all actions we take with respect to your information
consistent with Our Privacy Policy.
You may use Our Website only for lawful purposes and in accordance with
these Site Terms. You agree not to use Our Website:
§
In any way that violates any applicable federal,
state, local or international law or regulation (including, without limitation,
any laws regarding the export of data or software to and from the US or other
countries).
§
For the purpose of exploiting, harming or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information or
otherwise.
§
To send, knowingly receive, upload, download,
use or re-use any material which does not comply with the Content Standards
specified in Section 3(c) below and any other content standards We may specify
from time to time on Our Website.
§
To transmit, or procure the sending of, any advertising
or promotional material without Our prior written consent, or any "junk
mail", "chain letter" or "spam."
§
To impersonate or attempt to impersonate Us, any
of Our employees or other service providers, another user or any other person
or entity (including, without limitation, by using e-mail addresses or screen
names associated with any of the foregoing).
§
To engage in any other conduct that restricts or
inhibits anyone's use or enjoyment of Our Website, or which, as determined by
us, may harm the Us or users of Our Website or expose them to liability.
Additionally, you agree not to:
§
Use Our Website in any manner that could
disable, overburden, damage, or impair the site or interfere with any other
party's use of the site, including their ability to engage in real time
activities through Our Website.
§
Use any robot, spider or other automatic device,
process or means to access Our Website for any purpose, including monitoring or
copying any of the material on Our Website.
§
Use any manual process to monitor or copy any of
the material on Our Website or for any other unauthorized purpose without Our
prior written consent.
§
Use any device, software or routine that
interferes with the proper working of Our Website.
§
Introduce any viruses, trojan horses, worms,
logic bombs or other material which is malicious or technologically harmful.
§
Attempt to gain unauthorized access to,
interfere with, damage or disrupt any parts of Our Website, the server on which
Our Website is stored, or any server, computer or database connected to Our
Website.
§
Attack Our Website via a denial-of-service
attack or a distributed denial-of-service attack.
§
Otherwise attempt to interfere with the proper
working of Our Website.
3. We Have All Rights In Our Website and Content; You Grant Us Certain
Rights When You Submit Content to Us
:
(a) Our Website (including all text, photographs, graphics, video and
audio content contained on Our Website) is protected by copyright as a
collective work or compilation under the copyright laws of the United States
and other countries, and we (subject to the rights of Our licensors and
licensees under applicable agreements, understandings and arrangements) have
all rights therein. All individual articles, blogs, videos, content and other
elements comprising Our Website are also copyrighted works, and we (subject to
the rights of Our licensors and licensees under applicable agreements,
understandings and arrangements) own or have all rights therein. You must abide
by all additional copyright notices or restrictions contained on Our Website.
YOU MAY ACCESS AND USE OUR WEBSITE AND THE SERVICES OR MATERIALS
AVAILABLE THROUGH OUR WEBSITE ONLY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES.
YOU MUST NOT COPY, REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY
DISPLAY, PUBLICLY PERFORM, REPUBLISH, BROADCAST, DOWNLOAD, STORE OR TRANSMIT
ANY OF THE MATERIAL ON OUR WEBSITE, except as follows:
§
Your computer may temporarily store copies of
such materials in RAM incidental to your accessing and viewing those materials.
§
You may store files that are automatically
cached by your web browser for display enhancement purposes.
§
You may print or download one copy of a
reasonable number of pages of Our Website for your own personal, non-commercial
use and not for further reproduction, publication or distribution.
§
If We provide desktop, mobile or other
applications or content for download, you may download a single copy to your
computer or mobile device solely for your personal, non-commercial use,
provided, that you agree to be bound by Our end user license agreement or
additional terms applicable to such applications and content.
§
If We provide social media features with certain
content, you make take such actions as are enabled by such features.
You must not:
§
Modify copies of any materials from Our Website.
§
Extract from Our Website any illustrations,
photographs, video, audio, text or other elements, sequences or any graphics
for use separately from Our Website or for incorporation into other content, in
whole or in part.
§
Delete or alter any copyright, trademark or
other proprietary rights notices from copies of materials from Our Website.
If you print, copy, modify, download or otherwise use or provide any
other person with access to any part of Our Website in breach of these Site
Terms, your right to use Our Website will cease immediately and you must, at
Our option, return or destroy any copies of the materials you have made. No
right, title or interest in or to Our Website or any content on Our Website is
transferred to you, and all rights not expressly granted are reserved by Us.
Any use of Our Website not expressly permitted by these Site Terms is a breach
of these Site Terms and may violate copyright, trademark and other laws.
Our name and logo and all related names, logos, product and service
names, designs and slogans are trademarks of Strala or its affiliates or
licensors. You must not use such marks without Our prior written permission.
All other names, logos, product and service names, designs and slogans on Our
Website are the trademarks of their respective owners.
(b) By posting or submitting content on or to Our Website, you grant Us,
and Our affiliates, agents and third party contractors a perpetual, worldwide,
irrevocable, royalty free, nonexclusive and sublicensible right and license to
display, broadcast or publish such content on Our Website, related sites and
social media and in any affiliated publications, whether online, in print or
via other media or technologies (either in the form submitted or in the form of
a derivative or adapted work), to store such content, and to distribute such
content and use such content in any lawful manner and for any lawful purpose,
including commercial, promotional and marketing purposes. WE ARE NOT
RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR
OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide
professional advice, including the provision of medical advice, or advertising
of any kind.
(c) The following content standards apply you posts or submissions of
content on or to Our Website. All of such posts and submissions must in their
entirety comply with all applicable federal, state, local and international
laws and regulations. Without limiting the foregoing, your posts and
submissions on or to Our Website must not:
§
Contain any material which is defamatory,
obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory or otherwise objectionable.
§
Promote sexually explicit or pornographic
material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age.
§
Infringe any patent, trademark, trade secret,
copyright or other intellectual property or other rights of any other person.
§
Violate the legal rights (including the rights
of publicity and privacy) of others or contain any material that could give
rise to any civil or criminal liability under applicable laws or regulations or
that otherwise may be in conflict with these Site Terms and Our Privacy Policy.
§
Be likely to deceive any person.
§
Promote any illegal activity, or advocate,
promote or assist any unlawful act.
§
Cause annoyance, inconvenience or needless
anxiety or be likely to upset, embarrass, alarm or annoy any other person.
§
Impersonate any person, or misrepresent your
identity or affiliation with any person or organization.
§
Involve commercial activities or sales, such as
contests, sweepstakes and other sales promotions, barter or advertising other
than with Our express prior written permission.
§
Give the impression that they emanate from or
are endorsed by us or any other person or entity, if this is not the case.
4. You Have Rights if You Believe Your Copyright is Being Infringed:
We take claims of copyright infringement seriously. We will respond to notices
of alleged copyright infringement that comply with applicable law. If you
believe any materials accessible on or from this Our Website infringe your
copyright, you may request removal of those materials (or access to them) from
Our Website by submitting written notification to Our Copyright Agent
(designated below). In accordance with the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §
512) ("DMCA"), the written notice (the "DMCA Notice") must
include substantially the following:
§
Your physical or electronic signature.
§
Identification of the copyrighted work you
believe to have been infringed or, if the claim involves multiple works on Our
Website, a representative list of such works.
§
Identification of the material you believe to be
infringing in a sufficiently precise manner to allow us to locate that
material.
§
Adequate information by which we can contact you
(including your name, postal address, telephone number and, if available, e-mail
address).
§
A statement that you have a good faith belief
that use of the copyrighted material is not authorized by the copyright owner,
its agent or the law.
§
A statement that the information in the written
notice is accurate.
§
A statement, under penalty of perjury, that you
are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
[INSERT MAILING
ADDRESS]
[INSERT EMAIL
ADDRESS]
If you fail to comply with all of the requirements of Section 512(c)(3)
of the DMCA, your DMCA Notice may not be effective. Please be aware that if you
knowingly materially misrepresent that material or activity on Our Website is
infringing your copyright, you may be held liable for damages (including costs
and attorneys' fees) under Section 512(f) of the DMCA.
5. We are Not Responsible For and Do Not Necessarily Hold the
Opinions Expressed by Our Third Party Content Contributors
: Opinions and
other statements expressed by users and third parties (e.g., bloggers or users
who contribute content via any forum, response Q&A platform or otherwise on
Our Website) are theirs alone, not opinions of Strala. Content created by third
parties is the sole responsibility of the third parties and its accuracy and
completeness are not endorsed or guaranteed.
6. You Will Be Responsible for Any Harm We Suffer as a Result of
Your Violation of These Site Terms or Any Breach by You of Your Representations
and Warranties
: You agree to indemnify and hold harmless Strala and its
affiliates, and their respective members, directors, officers, managers,
employees, shareholders, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting
from any violation by you of these Site Terms or any breach by you of your
representations and warranties hereunder. We reserve the right to take over the
exclusive defense of any claim for which we are entitled to indemnification
under this Section 6. In such event, you shall provide us with such cooperation
as is reasonably requested by us.
7. Your Use of Our Website is Subject to Certain Disclaimers:
OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND
INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR
WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR
ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR
DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR
DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE
RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH
WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES,
WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT
GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM
OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY
DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND
ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES,
AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER
INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES
FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF
ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH
CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE
RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT
YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US
AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO
REPRESENTATIONS THAT OUR WEBSITE OR ANY CONTENT WE PROVIDE WILL MEET YOUR
REQUIREMENTS.
8. We are Not Responsible for Linked Sites: We are not
responsible for the availability or content of other services that may be
linked to from Our Website. Because We have no control over such services, you
acknowledge and agree that we are not responsible for the availability of such
external services, and that we do not endorse and are not responsible or liable
for any content, accuracy, quality, advertising, products or other materials on
or available from such services. You further acknowledge and agree that we
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of or
reliance on any content, goods or services available on or through such
services.
9. We May be Legally Compelled to Disclose Certain Information:
You agree that in the event we receive a subpoena issued by a court or from a
law enforcement or government agency, we shall comply with such subpoenas
without your consent or prior notice to you and may disclose your IP address,
username, name, IP location or other information in response thereto.
10. Our Liability to You is Limited: Strala and its affiliates,
and their respective members, directors, officers, managers, employees,
shareholders, agents and licensors are not liable for incidental, indirect,
consequential, special, punitive, or exemplary damages of any kind, including,
without limitation, lost revenues or profits, loss of business or loss of data,
in any way related to Our Website or the Online Courses, or for any claim, loss
or injury based on errors, omissions, interruptions or other inaccuracies in Our
Website or the Online Courses (including, without limitation, as a result of
breach of any warranty or other term of these Site Terms). Any claim against us
shall be limited to the amount you paid, if any, for use of Our Website or the
applicable Online Course. Some states do not allow the exclusion or limitation
of liability of consequential or incidental damages, so the above exclusions
may not apply to all users; in such states liability is limited to the fullest
extent permitted by law.
11. You Will Transact with Us Electronically: You agree to
transact with us electronically. This means that if you wish to transact or
communicate with Us, you agree to do so by electronic means. You authorize us
to send you important notices about Our Website and any pending transactions to
an email address you provide to us. It is your duty to keep the email address you
have provided to US up to date and to ensure that emails we send you are not
filtered or stopped by spam filters or other types of email blocking functionalities.
12. You Are Responsible for Your Own Access: You are responsible
for obtaining at your own expense all equipment and services needed to access
and use Our Website and the Online Courses, including all devices, Internet
browsers and Internet access. If you access Our Website, a Website application
or an Online Course through a mobile or wireless device, you are responsible
for all fees that your carrier may charge you for data, text messaging and
other wireless access or communications services.
13. You May Not Share Your Username and Password: In the event
you are provided with a user name and password to access any part of Our
Website, you agree not share, give or sell your password or username to any
other person or entity and to take reasonable action to protect your password.
Excessive viewings or logins by you may be construed by Us as fraudulent use of
services, which will result in the immediate cancellation of your access to paid
content without refund. You agree to (a) immediately notify us (by e-mail to [INSERT EMAIL ADDRESS])
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. We will not be liable for any loss or damage arising from your failure
to comply with this paragraph. We reserve the right to cancel your access to
any paid content if we believe your username and/or password has been
compromised, or is being used fraudulently, at Our discretion.
14. We Do Not Target Children Under Age 13: Due to the nature of
the Internet, we cannot prohibit minors from visiting Our Website, however, Our
Website is not directed toward children under the age of 13 and we do not
knowingly collect information from children under the age of 13 through Our
Website. If you believe that a child has provided information to us through Our
Website or the Online Courses, please contact us by email at [INSERT EMAIL ADDRESS].
We will use Our best efforts to remove all of the information provided by the
child from Our system.
15. You Need to Bring any Action Against Us Within One Year: You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to Our Website, your use of Our Website or
these Site Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
16. You Must Abide by Applicable International Laws: Due to the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
17. Any Dispute Between Us Will be Governed by New York Law:
These Site Terms shall be governed by the laws of the United States and the
State of New York, applicable to agreements made and to be performed therein
without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND
WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL
COURTS LOCATED IN NEW YORK COUNTY, NY AND YOU SHALL NOT COMMENCE OR PROSECUTE
ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue
in such courts. No waiver of by Us of any term or condition set forth in these
Site Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure by Us to
assert a right or provision under these Site Terms shall not constitute a
waiver of such right or provision. If any provision of these Site Terms is held
by a court or other tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of these Site Terms
will continue in full force and effect. These Site Terms and our Privacy Policy
referred to herein constitute the sole and entire agreement between you and Strala
Productions, LLC with respect to Our Website and supersede all prior and
contemporaneous understandings, agreements, representations and warranties,
both written and oral.
Last Updated: August 27,
2018