Effective Date: January 01, 2021
· transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
· transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
· transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
· reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services or Website to anyone without prior express permission;
· use any robot, spider, or other automatic device, process, or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website;
· use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent; or
· engage in any other conduct that restricts or inhibits any person from using or enjoying the Services or Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
All content on the Website and available through the Services, including, without limitation, text, audio, videos, graphics, images, logos, applications, and other information or technology, and their selection, arrangement and assembly (“Kriya Content”) are the property of Kriya Yoga Wisdom. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Kriya Content without our prior written permission.
You may print or download one copy certain Kriya Content (“Downloadable Content”) that we expressly label as being available for downloading and/or printing as part of a Kriya Course solely for Authorized Uses and in accordance with these Terms, provided that you (1) use the phrase “Used with permission of Kriya Yoga Wisdom” when using such Downloadable Content, (2) keep intact all copyright and other proprietary notices, and (3) do not modify, edit, or take out of context in any way any of such Downloadable Content. You may only print or download the Downloadable Content during the period of your enrollment in applicable such Kriya Course. After the Kriya Course ends, you will no longer have access to or the permission to print or download such Downloadable Content unless you repurchase the Kriya Course.
Subject to your compliance with these Terms, we grant you a limited, revocable, nonexclusive, non-assignable, right to access and use the Website, the Services, and the Kriya Content solely for Authorized Uses. For clarity, this license does not permit the use of any robot, spider, other automatic device, or manual process to monitor, deep link with or copy any of our web pages or the content contained herein. Any use of the Website, the Services, or the Kriya Content other than as expressly set forth herein is prohibited and will terminate any right or license granted herein. Such unauthorized use also may constitute an infringement of our rights, including copyright rights.
We welcome feedback, comments and suggestions for improvements to the Kriya Content (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Kriya Content or in any such Feedback. All Feedback becomes the sole and exclusive property of Kriya Yoga Wisdom and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Kriya Yoga Wisdom any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Website and the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Kriya Yoga Wisdom or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Website or the Services confers on you any license or right under any patent or trademark of Kriya Yoga Wisdom, its affiliates, or any third party.
You understand that you are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you submit, post or display on or through the Website or the Services, including any webinars or discussion forums (“User Content”). You also are solely responsible at your sole cost and expense for creating backup copies of any User Content. You may not stream, post, publish, upload, disseminate, distribute or otherwise make available (“Post”) any User Content (or otherwise Post any information or content through the Website and/or the Services) for any promotional or commercial purpose or to market any specific products, services, or programs, such as workshop announcements or tutorials, or to promote and/or spread any political agenda, conspiracy theories or misinformation/ disinformation. We claim no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content and you or a third party licensor are responsible for protecting those rights.
We are not responsible for screening or monitoring User Content; however, we reserve the right to review, refuse to accept, post, display or transmit, and/or remove any User Content that we believe, in our sole discretion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the Website or the Services.
Third Party Content
The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.
Your use of the website AND THE SERVICES is at your own risk. The WEBSITE aND THE Services (INCLUDING THE KRIYA CONTENT) are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the WEBSITE AND/OR THE Services or any THIRD PARTY sites linked to or from the WEBSITE AND/OR THE Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the WEBSITE AND/OR THE Services or any THIRD PARTY sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Without limiting article VII (Health disclaimers and waivers), In no event will we, or any kriya parties be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the WEBSITE AND/OR THE Services, any interruption in availability of the WEBSITE AND/OR THE Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the WEBSITE AND/OR THE Services or the data collected through the WEBSITE AND/OR THE Services, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KRIYA YOGA WISDOM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the maximum extent permitted by law, YOU hereby forever release the KRIYA PARTIES from all claims, actions, damages, losses, costs, expenses and liability of any kind, arising under any legal or equitable theory whatsoever at any time, in connection with or arising from any Use of the RECORDINGs, including claims for invasion of privacy, infringement of copyright or right of publicity, or any other rights of any kind.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, our AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF all kriya parties, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE APPLICABLE SERVICES IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE OR $100.
You agree to indemnify, defend and hold us and our PARENTS, subsidiaries, affiliates, LICENSORS, SUPPLIERS AND THEIR directors, officers, AFFILIATES, SUBContractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the WEBSITE AND/OR THE Services (INCLUDING ANY KRIYA CONTENT) and any alleged violation by you of these Terms (including but not limited to, your User ContENT, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website OR THE SERVICES). We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
These Terms and your access to and use of the Website and the Services will be governed by and will be construed in accordance with the laws of the State of New York, U.S.A. without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Website or the Services must be resolved by a federal district court located in New York City, New York, U.S.A. unless agreed upon by all parties.