TERMS & CONDITIONS OF USE
The Tabura Fitness website (hereinafter referred to as the "Website") is designed to provide you with high quality streaming video of Tabura classes for your personal entertainment, information and education. This Website is not directed to persons under eighteen (18) years of age. The Website is exclusively owned by Tabura Fitness. These Terms & Conditions of Use apply to all of the products, services and websites offered by Tabura Fitness, the mobile versions thereof, any Tabura Fitness software that you have embedded on a web site or are about to embed, (collectively, "Service") and any applications created by Tabura Fitness ("Tabura Fitness Apps") whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any Tabura Fitness Apps on a social networking site does not indicate any relationship or affiliation between Tabura Fitness and such social networking site.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE. BY VISITING ANY AREA ON THE WEBSITE, OR IF YOU ARE SIGNING UP FOR AN ACCOUNT THEN BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF USE," YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, OPEN AN ACCOUNT WITH TABURA FITNESS, OR OTHERWISE USE THE WEBSITE.
1. Acceptance of Terms
This Terms and Conditions of Use Agreement (hereinafter referred to as the "Agreement") sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our Website) or you are a "Member" (which means that you have registered on our Website as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Websites. You agree to be bound by any modification to this Agreement when you use any of our Websites after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
Before you make any purchases or subscribe to any programs on the Website, you must first establish a customer account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password and username, and for all activity that occurs under your Account. You agree to notify Tabura Fitness immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items. You also agree that Tabura Fitness may, in its sole discretion and without prior notice to you, terminate your access to the Website and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Website or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any materials contained in or displayed on the Website (the “Material”), (3) discontinuance or material modification of the Website or any service offered on or through the Website, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Tabura Fitness will not be liable to you or to any third party for termination of your access to the Website.
3. Health Disclaimer
TABURA, IN ALL OF ITS FORMS IS A STRENUOUS PHYSICAL EXERCISE. ACCORDINGLY, YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY YOGA EXERCISE REGIMEN, ROUTINE, AND/OR PROGRAM CONTAINED IN THE STREAMING VIDEO CLIPS ON THE WEBSITE. TABURA FITNESS IS NOT A MEDICAL ORGANIZATION AND OUR INSTRUCTORS OR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. ALL SUGGESTIONS AND OR COMMENTS RELATING TO THE USE OF EQUIPMENT, POSES, MOVES AND INSTRUCTION ARE NOT REQUIRED TO BE PERFORMED BY YOU AND ARE CARRIED OUT BY YOU IN YOUR SOLE AND ABSOLUTE DISCRETION. NOTHING CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS ANY FORM OF MEDICAL ADVICE OR DIAGNOSIS.
BY USING OUR SITE YOU REPRESENT THAT YOU UNDERSTAND THAT THE PRACTICE OF TABURA INVOLVES STRENUOUS PHYSICAL MOVEMENT AND THAT SUCH PRACTICE CARRIES THE SIGNIFICANT RISK OF PHYSICAL INJURY AND WHILE PARTICULAR SKILLS AND PERSONAL DISCIPLINE MAY REDUCE THIS RISK, THE RISK OF SERIOUS PERSONAL INJURY DOES EXIST. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO JUDGE YOUR PHYSICAL CAPABILITIES FOR PRACTICING TABURA. IT IS YOUR RESPONSIBILITY TO ENSURE THAT BY PARTICIPATING IN CLASSES AND ACTIVITIES FROM TABURA FITNESS, YOU WILL NOT EXCEED YOUR LIMITS IN THE PRACTICE OF TABURA, AND THAT YOU MODIFY THE EXERCISES BASED ON 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 KNOWINGLY AND FREELY ASSUME ALL RISKS OF PERSONAL INJURY, BOTH KNOWN AND UNKNOWN, AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND (INLCUDING DEATH) (COLLECTIVELY, THE “CLAIMS”) AGAINST TABURA FITNESS, OR ANY PERSON OR ENTITY INVOLVED WITH TABURA FITNESS, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY DAMAGES, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, INCURRED BY ANY OF THE RELEASEES ARISING OUT OF ANY CLAIMS. WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
Tabura Fitness content is not directed to persons under eighteen years (18) of age, and by providing information about yourself to Tabura Fitness you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen years (18) of age and would like to become a registered member of or provide information about yourself to the Tabura Fitness Website, you are required to have your parent or legal guardian contact Dirty Yoga Co at firstname.lastname@example.org for use.
You acknowledge, consent and agree that Tabura Fitness may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Tabura Fitness, its members and the public. Under no other circumstances will tabura Fitness intentionally disclose your account information to any third party, except as otherwise provided herein
6. Security Components
You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tabura Fitness and/or content providers who provide content to Tabura Fitness You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
7. Proprietary Rights; Copyright Policy
All materials and content on the Website, including, without limitation, names, logos, servicemarks, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, scripts, sounds, music, interactive features and the like and other elements, (collectively, "Content") are owned by or licensed to Tabura Fitness, subject to copyright and other intellectual property rights under the law and are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Tabura Fitness.
You acknowledge and agree that all Content on the Tabura Fitness site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Tabura Fitness site, no Content 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 Tabura Fitness's prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited. Tabura Fitness reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Tabura Fitness, or otherwise violated any intellectual property laws or regulations.
Tabura Fitness has in place procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Tabura Fitness's policy is to investigate any allegations of copyright infringement brought to its attention.
8. Other Sites
Tabura Fitness respects your privacy and permits you to control certain aspects of the treatment of your personal information.
Your privacy is important to us, and we zealously protect it. Nevertheless, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Tabura Fitness will not sell or rent your contact information to other marketers, but you agree that your personal information may be shared with companies that Tabura Fitness has a strategic relationship with or that perform work for Tabura Fitness to provide products and services to you on Tabura Fitness's behalf. Tabura Fitness may be required by law or litigation to disclose your personal information; we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary. Tabura Fitness may disclose any information it has about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Tabura Fitness's rights or property, or the rights or property of visitors to or users of the Website. Tabura Fitness reserves the right at all times to disclose any information that Tabura Fitness deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tabura Fitness also may disclose your information when Tabura Fitness determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You are advised to take precautions to protect your personal data when you are on the Internet: Change your passwords often using a combination of letters and numbers, and use a secure web browser.
The Website may use “cookies” and other technologies to study traffic patterns on the Website, to customize your experience, and provide greater convenience each time you interact with us. The Website may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
10. Terms and Termination
The term (“Term”) of this Agreement shall commence when the credit card information you have submitted in connection with your Order has been validated and accepted. This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. Tabura Fitness reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Tabura Fitness believes that you have breached any of the terms of this Agreement, furnished Tabura Fitness with false or misleading information, or interfered with use of the Website or the Service by others.
a. No Sharing
Members of Tabura Fitness may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Tabura Fitness as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
b. Fraudulent Use
Tabura Fitness. reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at our own discretion.
c. Free Trial
Members may only use a promotional free trial period once. After the free trial Members will be required to subscribe to the Website. Tabura Fitness reserves the right to terminate any account that is using or trying to use more than one free trial period.
Memberships are billed monthly. All memberships are renewed automatically until cancelled. Members may cancel their membership at any time. Membership must be canceled a minimum of 14 days prior to the renewal date in order to end membership charges.
e. No refunds
All fees are nonrefundable. For clarity and avoidance of doubt, Tabura Fitness shall have no obligation to issue refunds or credits for any unused partial months or in connection with any downgrade, cancellation, termination or otherwise.
12. Gift Certificates
Gift certificates will expire 12 months following the email delivery date unless otherwise stated on the gift certificate or by other notification. Gift certificates cannot be redeemed for cash value. Subscription fees and gift certificates are charged in USD currency. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees that are in accordance with your arrangements with that credit card provider.
You agree to defend, indemnify and hold harmless Tabura Fitness, 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 attorney's fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these 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. This defense and indemnification obligation will survive this Agreement and your use of the Website.
14. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online stores located on our various Websites. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such additional terms.
If any portion of this agreement between Tabura Fitness and you is held to be invalid, the remainder of this agreement shall remain in full force and effect.
16. NO WARRANTY/LIABILITY
TABURA FITNESS IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY PERSONAL INJURY OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF INJURY, DAMAGE OR LOSS. . BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TABURA FITNESS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. WHILE ALL INFORMATION PREPARED FOR THIS WEBSITE WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, TABURA FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE. TABURA FITNESS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE. UPON OUR REQUEST, YOU AGREE TO INDEMNIFY AND HOLD TABURA FITNESS HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT ARISE FROM ANY BREACH OF THESE TERMS FOR WHICH YOU ARE RESPONSIBLE, OR FROM THE USE OF THIS WEBSITE.
TABURA FITNESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DIRTY YOGA CO. MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
TABURA FITNESS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TABURA FITNESS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Terms & Conditions of Use