Welcome to the My Instructor TV website!!
The My Instructor TV website (herein after referred to as the “Website”) is designed to provide you with high quality video of yoga classes, poses, information about yoga and to bring together the global community of people interested in the practice of yoga and giving back to the community. This Website is not directed to persons under eighteen (18) years of age.
The Website is owned by My Instructor TV, LLC. (“My Instructor TV”). These Terms & Conditions of Use apply to all of the products, services and websites offered by My Instructor TV, the mobile versions thereof, any My Instructor TV software that you have embedded on a web site or are about to embed (“My Instructor TV Widgets”), and any applications created by My Instructor TV (“My Instructor TV Apps”) whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any My Instructor TV Apps on a social networking site does not indicate any relationship or affiliation between My Instructor TV and such social networking site.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms
The 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 one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites 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 Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our 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, My Instructor TV reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on our Website is void where prohibited.
Content on the Website 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 My Instructor TV. My Instructor TV reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
•for your information and personal use;
•as intended through the normal functionality of the My Instructor TV Service; and
•for Streaming, “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the My Instructor TV 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 Website Videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Yoga, 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 My Instructor TV instructor, 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 and use any suggested equipment, shown in any of the video clips on the Website. My Instructor TV is not a medical organization and our instructors or staff cannot give you medical advice ordiagnosis. 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 at your election while viewing My Instructor TV videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using our site you represent that you understand that the practice of yoga involves strenuous physical movement and physical and mental exercise, and that such practice carries the risk of injury whetehr physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for practicing yoga. It is your responsibility to ensure that by participating in classes and activities from My Instructor TV, you will not exceed your limits in the practice of yoga, and you will select the appropriate level of classes 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 My Instructor TV, or any person or entity involved with My Instructor TV, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
My Instructor TV content is not directed to persons under eighteen years (18) of age, and by providing information about yourself to My Instructor TV 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 My Instructor TV Website, you are required to have your parent or legal guardian contact My Instructor TV at info@My Instructor TV.com prior to use.
5. Member Account, Password and Security
If you register on one of our Websites, 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 My Instructor TV 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. You may never use Member’s account without prior authorization from My Instructor TV. My Instructor TV will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
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 (“Content”) that:
•is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
•harasses or advocates harassment of another person;
•exploits people in a sexual or violent manner;
•contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
•solicits personal information from anyone under the age of eighteen (18);
•provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
•promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
•violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
•involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
•contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
•furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities Including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
•solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
•involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
•Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
•contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the My Instructor TV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Responsibility for Content
You, and not My Instructor TV, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. My Instructor TV does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will My Instructor TV be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that My Instructor TV may or may not pre-screen Content posted on our Website, that My Instructor TV is not responsible for behavior or comments of teachers and/or students and/or music presented in Website video Content, but that My Instructor TV shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, My Instructor TV shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of My Instructor TV, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact My Instructor TV.
You acknowledge, consent and agree that My Instructor TV may access, preserve and disclose your account information and Content 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 My Instructor TV, its Members and the public. Under no other circumstances will My Instructor TV intentionally disclose your account information to any third party.
10. 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 My Instructor TV and/or content providers who provide content to My Instructor TV. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
11. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by My Instructor TV or by 3rd parties that have licensed or otherwise provided their material to My Instructor TV. You acknowledge and agree that all Content on the Wesite is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Wesite, 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 My Instructor TV’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.
12. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by My Instructor TV. Unauthorized framing of or linking to any of our Website 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.
13. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through our Website or the Service, you hereby grant to My Instructor TV a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but My Instructor TV has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on My Instructor TV’s servers after the Content appears to have been removed from our Website, and My Instructor TV retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the Posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
14. My Instructor TV and Third Party Content
Our Website contains Content of My Instructor TV, and Content of third party licensors to My Instructor TV (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. My Instructor TV owns and retains all rights, title and interest in the My Instructor TV Content. My Instructor TV hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the My Instructor TV Content and any third party Content located on or available through our Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.