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Terms

Terms of Use

These Terms of Use explain our policies for acceptable use of the 90 MONKEYS Website, located at www.90monkeys.com or any mobile, social network, or other versions of the site (the “Website” or the “Site”), and may be modified from time to time.  90 Monkeys LLC (“90 Monkeys”, “we” or “us”) owns and operates Website, which is provided in order to provide information on how to teach elements of a yoga class and/or how to manage or operate a yoga studio or business.  Use of this website is available only to persons who are at least 18 years of age.    

Agreement to Terms

By accessing, viewing and/or otherwise using this Website, whether as a member or guest, you confirm and acknowledge that you understand and accept these Terms of Use between you and 90 Monkeys, and that you will abide and be bound by the Terms of Use, which set forth a binding agreement between you and 90 Monkeys, and may be modified by us from time to time, and shall be applicable at the time you access the Website.  If you do not accept the Terms of Use, you are not authorized to use this Site, and should discontinue your use immediately.

Membership & Technical Operation of the Site

In order to view the members-only content at the Website, and in order to post “content” (which includes comments, digital materials, links or other media) to the Site, participate in groups or competitions, vote or respond to posts, or to actively participate in any other component of this Website in any way, you must be a registered member of the Website. When you sign up to become a registered member of 90 Monkeys, you represent that the information you provide about yourself is true, complete and up-to-date, and that you will continue to keep such information true, complete and up-to-date in the event of any change.  90 Monkeys is not responsible for any damage to you or others for your failure to provide it with accurate and up to date information.

Content and Services Provided “As Is”

90 Monkeys provides this Website, content and services “as is” and does not guarantee that the Site or its functionalities, or any content hosted, accessible, or provided by the Website will operate error-free, and does not guarantee that the Website, or any content or links at the Website, will be free of viruses, Trojans, worms, or other code that may damage your hardware, software or that of your service provider.  You agree that you will indemnify and hold 90 Monkeys, its officers, directors, affiliates, employees and harmless of and from any claims, liability or damage arising from the Website’s operation.

You Are Responsible For Content Posted

Respect for one another and in both interactions and postings, as well as respect for instructors or content-providers rights are expected to be upheld by the members of 90 Monkeys, and we may, but are not obligated to review, monitor, delete or edit content at or submitted to the Website and we further reserve the right, in our sole discretion, to suspend or terminate your account, and/or reject or remove any content posted, without prior notice and without liability, if such content or any act is deemed not in accordance with these Terms of Use.

You agree that you will not:

  • Upload, post or otherwise transmit any User-Posted Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, political, invasive of another’s privacy or publicity, hateful, or racially, ethnically or otherwise objectionable;
  • Use the Website in any way to harm, solicit, or threaten others, whether individuals or groups;
  • Permit any other person or entity to use your username or password or use any other person’s or entity’s password;
  • Use any User-Posted Content, Website Content, information obtained at the Website, or any Website systems to “spam,” “blast-fax,” market, or promote the sale of any goods or services in any way, including, using any materials or information obtained via the Website to send recorded telephone messages to market or sell anything;
  • Interfere with the operation, or compromise the security of the Website through the use of viruses, Trojans, key-stroke trackers, software programs or technology designed to bypass security, copy or crack passwords, obtain information from the Website and its servers, or otherwise disrupt or damage software or hardware;

 

  • Use a robot, spider or other process, software, system or device to procure, mine, or extract any data from the Website, including, but not limited to user information, email addresses, and Website activity;
  • Transmit or post content that violates the Terms of Use;

 

  • Transmit, store, copy or modify any material in violation of Federal, State or local statute or regulation, including, but not limited to that material that is obscene, pornographic, profane, or materials that are protected by trade secret, copyright or patent;
  • Use the Website for unauthorized commercial use, which is to say any commercial use that is not expressly provided for and authorized by 90 Monkeys in writing;
  • Link or frame to any other website;
  • Copy, create derivative works of, stream, transmit, perform, display or otherwise provide copies of any content on the Website to third parties; or
  • Evade, assist, or otherwise permit others to access Members-only content or pages at the Website.

90 Monkeys reserves the right, but is not obligated to, remove any content for the foregoing or any other reason.

We Have The Right to Protect the Website From Inappropriate Material

You agree and acknowledge that 90 Monkeys shall have, in its sole and absolute discretion, the right but not the obligation to remove and delete any and all content that it feels is inappropriate, illegal, offensive, or harmful in any respect, and we may ban or block any user from using the Website who we feel violates 90 Monkeys’ policies or these Terms of Use.  Failure to exercise any or all of our rights in policing any Website content shall not be construed as an endorsement of such content, and does not grant any implied license to use any content or intellectual property, and shall not waive or estop future enforcement of such rights.

If any content is posted under your username or using your membership information, you are responsible for that content.  You further represent that any content posted by you or under your username is owned by you, or that you have received proper permissions, authorizations or releases to post it, and further represent that such content does not violate these Terms of Use, does not infringe upon or violate any third party’s rights, including, without limitation, copyright, trademark or publicity or privacy rights.  You agree that you will indemnify and hold 90 Monkeys, its officers, directors, affiliates, and employees and harmless of and from any claims, liability or damage arising from content posted by you or under your username.

You agree to keep your password in confidence, and in the event that you lose your password, or become aware that a third party has come into possession of your password or otherwise breached the security of the Site, you will notify 90 Monkeys immediately, and will take reasonable measures to change your password in order to prevent unauthorized access or use of the Site.

You also agree and acknowledge that 90 Monkeys does not and cannot control the content, accuracy or opinions expressed or posted by users, and you will hold the 90 Monkeys, its affiliates, officers, and employees responsible harmless for any incorrect, inaccurate, offensive, libelous, infringing or otherwise damaging content posted on the Website.

License to Use Content

By posting or uploading content to the Website, you grant 90 Monkeys a limited, license to use, display, publish, perform, copy and make derivative works of your content in connection with the Website or promotion of the website until you revoke such permission in writing.  Should you decide to revoke such permission, please contact us using the Contact Us form, and include as the service-line the phrase “REVOCATION OF LICENSE.”  Then, upon verifying your identity and work, we will consider removing such content.  Notwithstanding the foregoing, however, you agree and acknowledge that 90 Monkeys has no obligation to remove any such content, and may choose not to delete such content in its sole discretion, and furthermore, even if 90 Monkeys agrees to delete such material, it is not responsible for the complete deletion or inaccessibility of such content or any copies at the Website or otherwise, and any copies of such content, whether on 90 Monkeys’ Website, archived file servers, or otherwise shall be subject to a license for use by 90 Monkeys, and any duplication, modification or derivative work, performance, display or other use, if any, shall be considered licensed and proper use due to the initial posting of such content at the Website, regardless of further instructions by you, and shall not form the basis for any claim made by you against 90 Monkeys or its officers, directors, affiliates, or employees.

Our Intellectual Property

The 90 MONKEYS trademark and logos are trademarks of 90 Monkeys, and all content at the Website is either owned by or licensed to 90 Monkeys, and is subject to and governed by the applicable copyright, trade dress, trademark, patent and other intellectual property laws of the United States of America and international treaties and conventions.  You may only view the content as provided by your membership, and for your own commercial or personal use in learning about operation or management of yoga instruction.  You may not make any copies (apart from those necessary to view the materials on your computer or mobile devise), modify, create derivative works of, stream, transmit, perform, display or otherwise make available any content on the Website to third parties.

Contract and Claim Enforcement and Severability
The failure or delay of 90 Monkeys to exercise or enforce any right or provision set forth in these Terms of Use shall not serve as any admission or waiver of any right or claim we may have.  If any provision of this Terms of Use is held to be invalid or unlawful, it shall be deemed severed from the remainder of the Terms of Use, which shall continue in full force and effect.  You agree and acknowledge that you may not transfer or assign any of your rights or obligations under these Terms of Use, all of which are binding upon your heirs and successors.  90 Monkeys may in our sole and absolute discretion, assign, license, sublicense or freely transfer any rights or obligations we may have under these Terms of Use.

Choice of Law/ Limitations on Action
By visiting or using the Website, you agree and acknowledge that all claims, actions, demands, liabilities, damages, losses, costs or expenses (referred to collectively as “claims”) against 90 Monkeys arising out of (i) your or another’s use of the Website, (ii) the operation of the Website, or (iii) otherwise in connection with the Website or any Website content shall be governed by the laws of the State of New York, without regard to principles of conflict of laws, and any such claims apart from those claims seeking solely injunctive relief, will be brought by you against 90 Monkeys must be brought in accordance with the applicable Rules of the American Arbitration Association (AAA), which proceeding will be held before one arbitrator in Boulder, Colorado.  The parties shall each pay their own attorneys fees in connection with any arbitration, notwithstanding any finding of liability against either party.  Any claims seeking solely injunctive relief shall be brought exclusively in the state or federal courts in Boulder, Colorado or Denver, Colorado, to which courts’ jurisdiction you submit.

You agree that you will not join any other user or third party’s claim or arbitration and waive all rights to bring any CLASS ACTION or CLASS ARBITRATION PROCEEDINGS against 90 MONKEYS.  You further agree that the parties must bring any and all claims or arbitration proceedings against each other within one (1) year after the cause of such claim or action arises.

International Access

The Website is offered and operated by 90 Monkeys from the United States of America. We make no representations or warranties that the Website or content accessible or provided by the Website are suitable, permitted, or available in other locations.  If you are a user accessing the Website from a jurisdiction outside the United States, you are solely responsible for compliance with local laws, customs, and norms.  Specifically with respect to the instructional content provided in connection with the Website, they are void where prohibited by local, national, and state law.

Site Provided As-Is and With No Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 90 MONKEYS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 90 MONKEYS DOES NOT WARRANT THAT THE SITE WILL FUNCTION UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVERS USED IN CONNECTION WITH IT ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS OR PROGRAMS. 90 MONKEYS FURTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING DIRECT OR INDIRECT USE OF MATERIALS ON THE SITE, OR ITS ACCURACY OR RELIABILITY.  WEBSITE CONTENT OR USER-POSTED CONTENT MAY INCLUDE TECHNICAL INACCURACIES OTHER ERRORS, AND WE MAY MAKE CHANGES OR UPDATES AT ANY TIME. YOU, AND NOT 90 MONKEYS, ASSUME THE ENTIRE COST AND EXPENSE OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF DATA, HARDWARE OR MATERIALS IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM USE OF THIS WEBSITE, USER-POSTED CONTENT  OR OTHER WEBSITE CONTENT. 90 MONKEYS MAKES NO WARRANTIES THAT YOUR USE OF SUCH CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION ON LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT 90 MONKEYS, ALONG WITH ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, IN CONNECTION WITH THE OPERATION OR FAILURE TO OPERATE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF 90 MONKEYS  HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  APART FROM WILLFUL AND MALICIOUS TORTIOUS ACTS, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 90 MONKEYS (AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS) TO ANY PARTY EXCEED THE LESSER OF $100 OR THE AMOUNT OF MONIES YOU HAVE PAID TO 90 MONKEYS IN CONNECTION WITH THE WEBSITE DURING THE TWELVE MONTH PERIOD PRIOR TO THE ACT OUT OF WHICH LIABILITY AROSE.

Information at the Website is Not Medical or Investment Advice
The information, statements and postings at the website are not evaluated by the Federal Food and Drug Administration (the “FDA”), and are not meant to provide yoga instruction, but instead focus on the business or operation of a yoga studio or business.  Nothing at the Website should be taken to be a diagnosis, course of treatment, cure, exercise instruction or preventative measure for any symptoms, ailment, condition or malady, and by using this Website, you agree that you will not rely on it as such.  It is your sole responsibility and not 90 Monkeys’ responsibility to make certain that you are performing or instructing yoga or exercise properly.  90 Monkeys further makes no guarantee that you will be able to profitably operate a business, and that investment of time and money in such business or following the instructions and lessons provided at the Site will result in any income or return on investment.  

 

90 Monkeys Is Not Responsible for Third Party Sites, Goods or Services

Please note that publicly accessible internet search engines and third party sites may collect or display information and data about you and any content at  the Website, and you agree that you will not hold 90 Monkeys liable for any other user’s or third party’s access, commentary, critique, slander, libel, defamation, reproduction, modification, copying or other unauthorized use or transmittal by any third party of content or information about you.  Third parties’ websites, products and services may also be accessed by the Website however, you agree that 90 Monkeys shall not be responsible for or liable in any way for such sites and third parties, and you agree that we are not responsible or liable for any websites, services or products offered by or through third parties, even if such sites are accessible through the Website or are provided by instructors, advertisers or content providers featured by or accessible from the Website.

You agree that you will only hold the owners or operators of such third party websites will be liable for any damages or claims you may have in connection with that Third Party Content, and that you will not hold 90 Monkeys liable for any claim arising therefrom.

Copyright Notification and Take Down Procedures
If you feel that something on our site infringes on your copyrights, please send us a copyright infringement notification, as set forth below.

The Notice must contain:

  1. An identification of the work that you claim is infringing your copyrights. For example, please provide a sample image of the infringing work, along with the url and user name of the posting party.
  2. An identification of your work, the rights in which you claim the infringing work is violating;
  3. Information sufficient to contact you, such as an address, telephone number, and electronic email address,
  4. A statement that you have a good faith belief that use of the material on the site, or in connection with the site is not authorized;
  5. A statement that the information you provided in your notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright holder.
  6. A physical or electronic signature on behalf of the copyright holder.

Please note that this copyright infringement notice involves the legal rights and liabilities set forth in the United States Copyright Act, 17 USC 512(c). We recommend that you consult an attorney to confirm your rights and procedures.

Written notice should be sent to our Complaints Department as follows:

DMCA Complaints
90 Monkeys LLC
Attn: T. Smith,
1223 6th Street
Boulder, CO 80302
United States of America

Email: Use the Contact Us form. When you receive the automated reply, attach any supporting materials you may want to include as part of your notification.

Copyright 2010 – 90 Monkeys, LLC

 

In The Fullness of Time…

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