TERMS OF SERVICE

Last Updated: September 12, 2011

These terms and conditions of use (“terms”) (together with our privacy policy) contain the terms on which you may use this website http://www.yogo.tv/ (“site”), whether as a guest or as a registered user, and on which we supply goods and services (“products”) to you via the site. Please read these terms carefully before you start to use the site. By using the site, and/or ordering products from the site, you indicate that you accept these terms and that you agree to be legally bound by them. If you do not agree to these terms, please refrain from using the site. We recommend that you print off or save a local copy of the terms for your records.  We may change the terms of these Terms of Use from time to time. By continuing to use this Site after we post any changes, you accept and agree to these Terms of Use, as modified.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to all users including those who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy as set out below.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Proprietary Rights

All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up this Site (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. To request permission from us, send a written request to: YOGO.tv Enterprises Inc., 16372 – 12th Avenue, Surrey, BC, V4A 7V8, or send an e-mail us at info@yogo.tv. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of a fee. 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 this Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited. You agree that you will only access the site and any materials posted on it for your own personal, non-commercial use. You also agree not to use our site or any of the materials on it for the solicitation of business in the course of trade or in connection with a commercial enterprise.

If you print off, copy or download or use any part of our site or any materials posted on our site, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Registration for Certain Features

If you elect to create an account in order to become a member of YOGO.tv and access and use certain features offered through this Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and this Site by e-mail or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate account information, including, but not limited to, your failure to receive critical information about this Site.

You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify YOGO.tv immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by YOGO.tv or any other user of or visitor to this Site due to someone else using your user name, password or account.

In order to use certain features of this Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of this Site or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled, and we shall have the right to immediately terminate your right to use and access this Site. If any upgrade in or to this Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.

Ordering Products and Services

You may in certain instances be able to order certain YOGO.tv products and services through this Site. All orders you make through this Site are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order.  All products and services, their contents, availability, and pricing are subject to change at any time with or without notice.  Please fully read the terms and disclaimers accompanying any products or services that you order through this Site.

Linked Sites

This Site may contain links to other web sites that are not controlled or maintained by us. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by YOGO.tv. Orders to purchase any products or services from linked sites are subject to the terms and conditions governing that site and such transactions. YOGO.tv is not a party to such transactions, notwithstanding that YOGO.tv may benefit financially or otherwise from such transactions. You agree that YOGO.tv will not be responsible for, and cannot warrant the performance of, any products, services, content, advertising, privacy policies, or other materials on or available from such linked web sites. Use of these web sites is at your own risk. We encourage you to note when you leave this Site and to read the terms of use of such other web sites.

You agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to use this Site; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content on this Site.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this Site is subject to our Privacy Statement.

Health Disclaimer

This Site provides information relating to the practice of yoga, fitness plans, diet, wellness, and other exercise and exercise equipment, and is intended only to assist users in their personal yoga and fitness efforts. YOGO.tv is not a medical organization and our staff and the teachers in our videos and participating in our Site cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.  We encourage you to take care when determining your ability to do the exercises offered in class. If you have any concerns as to whether yoga is suitable for you or if you have a particular injury or condition, please consult your physician before beginning your yoga practice. Also, there are certain limitations for women who are pregnant or menstruating.  You are urged and advised to seek the advice of a physician before beginning practicing any yoga, fitness routine, exercise or diet, particularly if you are pregnant or have pre-existing health conditions.

Disclaimer of Warranties

THIS SITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YOGO.TV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE, FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, OR INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOGO.TV DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, SUCCESSFULNESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, EXERCISE EQUIPMENT, DIETS AND FITNESS PLANS RECOMMENDED, DISCUSSED OR PORTRAYED ON THIS SITE. YOGO.TV DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOGO.TV DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT ANY MATERIALS ARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, THIS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIALS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE. THE LIMITATIONS SET FORTH ABOVE SHALL ALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.

Indemnification / Release

You agree to defend, indemnify and hold us, and our subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives (“Released Parties”) harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content. By using this Site, or making any submissions to YOGO.tv, whether or not through this Site, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to YOGO.tv.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia. You agree to submit to the exclusive jurisdiction of the courts located within Vancouver, British Columbia. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms of Use constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use this Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

Contacting Us

Questions regarding these Terms of Use should be directed to YOGO.tv through one of the Contact Us forms you will find on this Site, or by sending an e-mail to: info@yogo.tv, or by sending a notice by mail to:

YOGO.tv Enterprises Inc., 16372 – 12th Avenue, Surrey, BC, V4A 7V8, Canada