KiyomiYoga Terms & Conditions of Use Agreement
Date Last Modified: January 18, 2021
Welcome to Membership Website by Kiyomi Takahashi (“KiyomiYoga“)!
KiyomiYoga’s website and apps (hereinafter referred to as the “Website“) is an intelligent tool which challenges people to live fulfilling lives by providing members of all skill levels: (1) high quality movement classes, (2) educational materials about health and wellness, and (3) a community of people interested in living their true potential. The Website is owned by KiyomiTakahashi.
These Terms & Conditions of Use (this “Agreement“) apply to: (1) all of the products, services and websites offered by KiyomiYoga, including, but not limited to, the Website; (2) mobile, tablet, internet television, or other digital or electronic versions of the KiyomiYoga video streaming platform; (3) any KiyomiYoga software; and (4) any applications created by KiyomiYoga whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service“). Please note that the availability of any KiyomiYoga applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between YogaGlo and such social networking site, mobile or tablet device, or internet television or other technology platform.
This Service is not directed to persons under eighteen (18) years of age.
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor“ (which means that you simply browse the Service) or you are a “Member“ (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.
2. Arbitration Agreement and Class Action Waiver
You and KiyomiYoga agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and KiyomiYoga further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and KiyomiYoga further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules“) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against KiyomiYoga; (2) preside over any kind of representative or class proceeding against KiyomiYoga; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.
If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.
3. General Registration Requirements
If you wish to become a Member, communicate with other Members and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Member 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 the 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, KiyomiYoga 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. KiyomiYoga’s Materials (as defined in Section 14 of this Agreement) and KiyomiYoga’s Content (as defined in Section 8 of this Agreement) on the Service (collectively, “KiyomiYoga Content“) 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 KiyomiYoga. Other than rights expressly granted to you, KiyomiYoga reserves all rights in and to the Service and the KiyomiYoga Content.
You may access Website and Content as available:
- for your information and personal use;
- as intended through the normal functionality of the KiyomiYoga Service; and
- for Streaming (“Streaming“ or “Stream“ means a contemporaneous digital transmission of an audiovisual work via the Internet from the KiyomiYoga 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 videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream KiyomiYoga Content, the resolution and quality of KiyomiYoga Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming KiyomiYoga Content you will receive.
In order to be able to Stream or download KiyomiYoga Content from the Service and to view KiyomiYoga Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. Health Disclaimer
Physical exercise, 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 Kiyomi Takahashi, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. KiyomiYoga is not a medical organization and Kiyomi Takahashi cannot give you medical advice or diagnosis. All suggestions and 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 Kiyomi Takahashi videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Kiyomi Takahashi, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity 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 Kiyomi Takahashi, or any person or entity involved with KiyomiYoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
5. Certification and Disclaimer of Affiliation with Accreditation Body
KiyomiYoga Content offered by Kiyomi Takahashi are for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. KiyomiYoga is not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. You agree not to hold yourself out as a certified yoga instructor based on completing the courses, content or programs available on the Service or use KiyomiYoga’s name as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release KiyomiYoga and its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.
KiyomiYoga’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to KiyomiYoga you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with KiyomiYoga and its partners, vendors, agents and service providers.
7. Member Account, Password and Security
If you register on the Service, 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 Kiyomi Takahashi 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. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from Kiyomi Takahashi. KiyomiYoga will not be liable for any loss or damage arising from your failure to comply with this Agreement.
8. 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 (individually and collectively, “Content“) that:
- interferes with or disrupts the Service;
- is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
- 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;
- 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 from other Members;
- involves commercial activities and/or sales without KiyomiYoga’s 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 otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
Moreover, you may not (a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any KiyomiYoga server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or KiyomiYoga’s systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to KiyomiYoga on or through the Service, or (h) use the Service in an unlawful manner.
9. Responsibility for Content
You, and not KiyomiYoga, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. KiyomiYoga does not control the Content posted by third parties 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 KiyomiYoga 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.
10. Rejection/Removal of Content
You acknowledge that KiyomiYoga may or may not pre-screen Content posted on the Service, that KiyomiYoga is not responsible for behavior or comments of teachers and/or students and/or music on the Service, but that KiyomiYoga 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, for any reason. Without limiting the foregoing, KiyomiYoga shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of KiyomiYoga.
If you become aware of misuse of the Service by any person, please contact [email protected]
- Do not publish your personal information in a public community. Please use direct messaging when personal information must be shared.
- Do not take screenshots from KiyomiYoga’s community and post them anywhere without explicit consent from the publisher of the original content.
- Do not share private conversations between users that were had with the expectation of remaining private.
- Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist comments; or hate speech will not be tolerated.
- Discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristics will not be tolerated.
In short, treat each other respectfully. KiyomiYoga's community is a welcoming community where diversity is encouraged and allowed to thrive.
C. Copyright infringement: Please be respectful of the intellectual property of others and always give credit to authors and creators when applicable. If you believe your own copyrighted material is being infringed upon, please contact us at [email protected] with a DMCA request.
Additional inappropriate content includes but is not limited to the following:
Obscene content, defined generally by being offensive and/or overtly sexual and lacking serious literary, artistic, political, or scientific value will be removed at our discretion.
Illegal content. KiyomiYoga will remove the content and comply with the steps required by law enforcement if needed.
Content that incites violence, or promotes harm to others including animals.
Content that promotes self-harm, eating disorders, or contains false or misleading information.
Spam- Spam is defined as repeated, unwanted and/or unsolicited actions, whether automated or manual, that negatively affect users, communities, or Kiyomiyoga.com.
Advertisements or solicitations of any financial, commercial, or not-for-profit organization, website, contest, promotion, or fundraiser.
We may remove any content at our discretion if we deem it unsuitable for the KiyomiYoga community.
If you see something inappropriate, please use the report feature to bring the issue to our attention. Every report received by staff will be looked at by an actual human, read for context, and judged accordingly.
If you have any questions or concerns, please contact us at: [email protected]
12. Termination or Suspension of Account
If KiyomiYoga determines in its sole discretion that you are violating any of the terms of this Agreement, KiyomiYoga may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If KiyomiYoga terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
14. Security Components
You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by KiyomiYoga and/or content providers who provide content to KiyomiYoga. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
15. Proprietary Rights
Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by KiyomiYoga or by third parties that have licensed or otherwise provided their material to KiyomiYoga. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material 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 KiyomiYoga’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
16. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by KiyomiYoga. Unauthorized framing of or linking to any of the Service 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.
17. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting“) any Content on or through the Service, you hereby grant to KiyomiYoga 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 the Service, 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 [email protected] to request the removal of certain Content you have Posted, but KiyomiYoga 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 KiyomiYoga’s servers after the Content appears to have been removed from the Service, and KiyomiYoga retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the 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.
18. KiyomiYoga and Third Parties
Our Service contains KiyomiYoga Content, and Content of third party licensors to KiyomiYoga (including Content provided by users of the Service, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. KiyomiYoga owns and retains all rights, title and interest in the KiyomiYoga Content. KiyomiYoga hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the KiyomiYoga Content and any third party Content located on or available through the Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing 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 the Service. Any dealings with third parties included within or on the Service involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. KiyomiYoga is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Service does not constitute an endorsement or recommendation of such third party or the product or services of such third party by KiyomiYoga or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Service is provided to you for informational purposes only. KiyomiYoga encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While KiyomiYoga works to ensure the information on the Service is current and accurate, KiyomiYoga does not warrant the accuracy of any information contained thereon (including information provided by instructors) or its fitness for any particular purpose.
DMCA Takedown Notice Requests
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA“)):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the DMCA communication to the following name and address: Kiyomi Takahashi [email protected]
19. Other Sites
20. International Use
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.
22. Infringement Policy
KiyomiYoga reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service by any user who is alleged to have infringed on the intellectual property rights of KiyomiYoga or of a third party, or otherwise violated any intellectual property laws or regulations. KiyomiYoga’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want KiyomiYoga to delete, edit, or disable the material in question, you must provide KiyomiYoga with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KiyomiYoga to locate the material; (d) information reasonably sufficient to permit KiyomiYoga to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to KiyomiYoga by e-mail with a return receipt acknowledgement.
23. Member Disputes
You are solely responsible for your interactions with other Members. KiyomiYoga reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
24. Modification/Suspension/Discontinuation of Content
We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. KiyomiYoga reserves the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service. Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through with the Service is accessed, with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that KiyomiYoga may do so in KiyomiYoga’s sole discretion at any time without notice.
25. Membership Subscription Fees and One-Time Fees for Online Courses
KiyomiYoga offers membership subscription-based access to its movement classes (“Classes“), as well as one-time purchases of courses and trainings intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“). KiyomiYoga reserves the right to cancel, interrupt, or reschedule any KiyomiYoga Content, Class, or Online Course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms KiyomiYoga specifies for the Service, KiyomiYoga grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
A. Online Courses.
- If a Member is terminated due to a violation of this Agreement, KiyomiYoga will not reimburse the Member for the remainder of any Online Courses, nor will reimbursements be made for cancellations prior the completion of any Online Courses. Course Materials for Online Courses. As part of the Online Courses, instructors may provide course materials that you may download from the Service (“Course Materials“). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.
B. Membership Subscription to Classes
- Billing for Membership to Classes. Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not include access to Online Courses. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, KiyomiYoga will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.
- Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If KiyomiYoga later increases the price of the subscription, KiyomiYoga will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
- Free Trial for Membership to Classes. We require that you provide a valid credit or debit card (“Payment Source“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“). KiyomiYoga will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. KiyomiYoga reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the KiyomiYoga service is offered in multiple time zones, for consistency, a “day“ for purposes of this Agreement begins at 12:00am Pacific Time and ends at 11:59p., Pacific Time of that same calendar day. It is very important to understand that you will not receive a notice from KiyomiYoga that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Time on the last day of your Free Trial period.
- No Sharing of Membership Subscriptions. Members of KiyomiYoga 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 KiyomiYoga as fraudulent use of the Service, 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. KiyomiYoga reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
26. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website under Account Settings or by contacting Kiyomi Takahashi at [email protected]. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
KiyomiYoga reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if KiyomiYoga believes that you have breached any of the terms of this Agreement, furnished KiyomiYoga with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting [email protected].
27. Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. The Service and the Material are provided “AS IS“ and without warranties of any kind, either express or implied. To the fullest extent permitted by law, KiyomiYoga, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. KiyomiYoga makes no warranties or representations about the accuracy or completeness of KiyomiYoga Content or the content of any sites linked to the Service and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of KiyomiYoga secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
KiyomiYoga does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and KiyomiYoga will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
28. Limitation on Liability
In no event shall Kiyomi Takahashi ("KiyomiYoga") be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of KiyomiYoga's secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the KiyomiYoga is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that KiyomiYoga shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by KiyomiYoga or any of its employees. KiyomiYoga is not responsible for any third party Content on the Service or third party web page accessed from the Service, nor does KiyomiYoga warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.
KiyomiYoga reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.
29. Exclusions and Limitations
Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless KiyomiYoga, 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 attorneys’ fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this 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 Service.
31. 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 the Service, to obtain certain premium Content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
32. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KiyomiYoga without restriction.
34. Integration Clause
35. Waiver and Severability of Terms
The failure of KiyomiYoga to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
36. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and KiyomiYoga that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
You agree that: (a) the Service shall be deemed solely based in California; and (b) the Service shall be deemed a passive website or service that does not give rise to personal jurisdiction over KiyomiYoga, either specific or general, in jurisdictions other than California.
38. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
KiyomiYoga reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Service, feel free to contact at [email protected]
Effective Date: January 17, 2021
This Policy applies to the Website and all of the products and services offered by KiyomiYoga, the mobile or tablet versions thereof, anyKiyomiYoga software, and any applications created by KiyomiYoga, however made available (collectively, the "Service"). Please note that the availability of any KiyomiYoga applications on a social networking site, mobile or tablet device, internet television, or other technology platform does not indicate any relationship or affiliation between KiyomiYoga and such social networking site, mobile or tablet device, or internet television, or other technology platform.
If you have any questions about this Policy, please feel free to contact us. See the "Contact" section below for contact information.
1. Information We Collect
Information you provide – When you use our Service, we may collect your device ID and certain device information. When you sign up for a KiyomiYoga account, we ask you for personal information such as your name, e-mail address, and an account password. At the time you register as a member, during your free trial period, or when you make a purchase, we request payment card or other payment account information which we retain in encrypted form on secure servers. We combine the information you submit under your account with information from other KiyomiYoga services or third parties, such as Facebook and Google, in order to provide you with a better experience and to improve the quality of our Service.
Health information - We use your name, e-mail address, and other information to inform you of new product releases, service notifications, events, and to solicit your feedback and input. We also use your information, or a portion thereof, to send you marketing materials and/or KiyomiYoga newsletters or other information KiyomiYoga thinks you would be interested in, unless you notify KiyomiYoga that you do not wish to receive such materials. Please contact us using the information in the Contact section below to request that you not be sent any or all of such information, or opt-out of any email messages you receive from KiyomiYoga to stop receive future marketing emails.
Activity Information - In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your visit, and other technical information.
IP Address - An Internet Protocol (IP) address is a number that's automatically assigned to your computer whenever you're surfing the Web. We retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic and location information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions, or otherwise in order to protect our services, sites, customers, or others.
Log information - When you use the Service, our servers automatically record information that your browser sends whenever you visit a Website. These server logs include information such as your web request, IP address, browser type, browser language, the date and time of your request, and one or more cookies that uniquely identify your browser.
User communications - When you send email or other communication to KiyomiYoga, we retain those communications in order to process your inquiries, respond to your requests, and improve our services.
Affiliated sites - We offer some of our Services in connection with other websites. Personal information that you provide to those websites is sent to KIyomiYoga in order to deliver the Service. We process such information in accordance with this Policy. The affiliated websites have different privacy practices and we encourage you to read their privacy policies.
Links - KiyomiYoga presents links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
2. Information Use and Sharing
We use your personal information for the purposes described in this Policy and/or any privacy notice provided for specific Services. Such purposes include, but are not limited to:
- Providing our Services to users, including the display of customized content and advertising;
- Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Service;
- Collecting and processing information about your actual location to provide location-aware products, services, and other content;
- Verifying your identity;
- Following up with transactions or inquiries initiated on the Website, the application, or via email;
- Auditing, research and analysis in order to maintain, protect, and improve our Services;
- Ensuring the technical functioning of our network; and
- Developing new Services.
We may use the health data we obtain through the Apple Health application or the Apple HealthKit to provide feedback on your activity or health status and to improve the Service by creating a more personalized experience for you (i.e., serving content that is relevant to your activity or health, but in no event used for advertising or marketing purposes as set forth herein).
We will not disclose any of your health data we obtain through the Apple Health application or the Apple HealthKit to advertising platforms, data brokers, or information resellers, or for advertising, marketing, or use-based data mining purposes. We will not disclose such data to other third parties without your consent, and then only for the purposes of enabling the third party to provide health, motion, and/or fitness services.
We may provide information, including health data, to our subsidiaries, affiliated companies, and other trusted third parties or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.
We also may disclose personal information and health information: (i) if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on KiyomiYoga or its parent company, subsidiaries, or affiliates, (2) protect and defend the rights or property of KiyomiYoga or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website; (ii)in connection with a partial or total sale of stock or assets, merger, or any other change of control transaction, including in bankruptcy; or (iii) when we have your consent to do so.
We do not use automatic decision-making or engage in profiling that produces legal effects or similarly significant effects.
We may share technical or personal information that has been anonymized or aggregated without limitation.
3. Your Choices
When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use. If you no longer wish to receive email notifications from KiyomiYoga, please let us know by contacting us. Please specify which notifications you no longer wish to receive and provide your exact name, email address and/or physical address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. Please note that you will continue to receive communications related to our transaction(s) and relationship with you.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, KiyomiYoga may not be able to provide its Service to you.
We may partner with third-party ad networks and other ad serving providers ("Advertising Providers") that serve ads on our behalf and others' on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Website and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.
KiyomiYoga adheres to the Digital Advertising Alliance ("DAA") Self-Regulatory Principles in connection with this interest-based advertising activity. You can visit www.aboutads.info or www.youradchoices.com/AppChoices to learn more about interest-based advertising and how to opt out of this advertising by companies participating in the DAA self-regulatory program. If you delete your cookies, reset your device advertising identifier, or use a different browser or mobile device, you will need to renew your opt-out choices. You may also be able to limit data collection for advertising purposes using tools available on your device. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Even if you opt out, Advertising Providers may continue to collect data for other purposes, including analytics and other operational purposes.
We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes. For example, KiyomiYoga uses Google Analytics and other third-party services to improve the performance of the Website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Website, visit www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout/.
When you use the Service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we in some cases decline to process requests in certain circumstances. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
4. Data Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include internal reviews of our data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal information.
We restrict access to personal information to KiyomiYoga employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while KiyomiYoga strives to protect your information, KiyomiYoga cannot ensure or warrant the security of any information that you voluntarily give to KiyomiYoga.
5. Website Areas Beyond Glo's Control
KiyomiYoga may choose various third party websites to link to, link from, and frame within, the Website. KiyomiYoga also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with KiyomiYoga, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of KiyomiYoga. We have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums, and message boards available to you through the Services. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that website and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
6. International Visitors
This section applies to those that visit our Website or use our Service from the European Economic Area, the United Kingdom, and Switzerland.
KiyomiYoga processes personal information with your consent (e.g., when you agree that KiyomiYoga may place cookies, or when KiyomiYoga processes personal information submitted for specified purposes). On other occasions, KiyomiYoga may process personal information when it needs to do this to fulfil a contract (for example, for billing purposes) or where required to do so by law.
If necessary, KIyomiYoga may also process personal information when it is in KiyomiYoga's legitimate interests to do this (e.g., for customer service or fraud detection) and when these interests are not overridden by your data protection rights. If you wish to exercise the right to withdraw consent, please contact us. See the "Contact" section below for contact information.
Please be aware that the personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal information in the United States and your consent to this privacy notice represents your agreement to this processing and storage.
You have a right to the following:
- To request access to the personal information we hold about you;
- To request that we rectify or erase your personal information;
- To request that we restrict or block the processing of your personal information;
- Under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another, i.e., a right to data portability; and
- Where we previously obtained your consent, to withdraw consent to processing your personal information.
To exercise these rights, see the "Contact" section below. Please be aware that KIyomiYoga may be unable to provide these rights to you under certain circumstances, such as if we are legally prevented from doing so. Additionally, you have the right to lodge a complaint against us. To do so, contact the supervisory authority in your country of residence.
We will process and store your personal information only for the period necessary to achieve the purpose of the storage, or as permitted by law. We will retain and use your personal information to the extent necessary to enforce our agreements. The criteria used to determine the period of storage of personal information is the respective statutory retention period or six years in the case of contracts. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract or for other lawful purposes.
KIyomiYoga regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or KiyomiYoga's treatment of personal information by contacting us using the information in the Contact section below.
When we receive formal written complaints at this address, it is KiyomiYoga's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal information that cannot be resolved between KIyomiYoga and an individual.
8. Users Under 18
KiyomiYoga's content is not directed at users under eighteen (18) years of age, and if you provide information about yourself as a user of KiyomiYoga, you are representing that you are at least eighteen (18) years of age. We do not knowingly collect personal information from anyone under eighteen (18) years of age, but if we do become aware of having collected personal information from a user who is younger than eighteen (18) years of age, we will remove such information from our files.
9. Changes To This Policy
This Policy may be amended from time to time. You should visit this page periodically to review any changes to the Policy. If we believe that the changes are material, KiyomiYoga will let you know by doing one (or more) of the following: (i) posting the changes on or through the Website or Service, or (ii) sending you an email or message about the changes.
10. KiyomiYoga Terms and Conditions of Use
A complete statement of our Terms and Conditions of Use can be found above this policy. KiyomiYoga's Terms and Conditions of Use are expressly incorporated into this Policy by this reference.
4354 McLaughlin Avenue #107, Los Angeles CA 90066
For visitors from the European Economic Area, the United Kingdom, and Switzerland, to contact our privacy team, please contact: