Yogi-Tunes Terms of Service
Thank you for choosing Yogi Tunes (“Yogi Tunes”, “we”, “us”, our”). Yogi Tunes is a great new way for yoga studios, teachers and every day enthusiasts to enjoy a variety of music to make their yoga experience even better. By signing up or otherwise using the Yogi Tunes service, websites, and software applications (together, the “Yogi Tunes Service” or “Service”), or accessing any material that is made available by Yogi Tunes through the Service (the “Content”) you are entering into a binding contract with the Yogi Tunes entity indicated at the bottom of this document.
Please read the Agreements carefully. They cover important information about Yogi Tunes Services provided to you and any charges, taxes, and fees we bill you.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Yogi Tunes Services and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Yogi Tunes is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, in our discretion make Changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under circumstances, e.g., by displaying a prominent notice with the Service or by sending you an Email. In some case, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us.
Using Yogi Tunes
Yogi Tunes offers three different plans for different types of users:
Yogi Tunes offers a free plan that gives user access to a catalogue of downloadable content for purchase (“Free Plan”). Customers will be charged via a secure electronic payment system at the time of purchase. Your downloads will then be made instantly available to the use. Otherwise there is no other charge for using the Service.
Yogi Tunes offers a paid streaming service (“Subscription Plan”). The Subscription Plan includes all of the features of the Free Plan in addition to the ability to stream Content from the Yogi Tunes Service. If you cancel your subscription to the Subscription Plan or if your subscription to the Subscription Plan is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Subscription Plan. Note that the Subscription Plan may be discontinued in the future, in which case you will no longer be charged for the Service.
Yogi Tunes offers a “PRO Plan” and a “STUDIO PLAN” designed for yoga studios, teachers, and anyone else who may be using the Content for a commercial use. The PRO and STUDIO Plans include all of the features of the Free Plan and the Subscription Plan. The PRO and STUDIO Plans come with additional rights of public performance and use of the Content. The STUDIO Plan allows a single business location to freely issue unlimited sub-accounts for teachers and other professionals using music at the location (ie, massage therapists, spa treatments, etc.). The PRO and STUDIO Plans are designed to conform with copyright law performance rights licensing schemes.
Rights we grant you
The Yogi Tunes Service is the property of Yogi Tunes. We grant you a limited, non-exclusive, revocable license to make use of the Yogi Tunes Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the “License”. This License shall remain in effect until and unless terminated by you or by Yogi Tunes. You promise and agree that you are using the Content, whether downloaded or streamed, for your own personal and entertainment use and that you will not redistribute or transfer the Yogi Tunes Service.
Notwithstanding the foregoing, If you a member of the PRO or STUDIO Plan, Yogi Tunes grants you a limited license to use the Yogi Tunes Service for personal, entertainment and commercial use. By accepting the terms of the Agreement you are agreeing to use the Yogi Tunes PRO or STUDIO Plan Service within the limits authorized by your PRO or STUDIO Plan including, but not limited to, the number of users authorized. The PRO plan entitles an individual user access, while a STUDIO Plan entitles any business location an unlimited number of users per location. Additional locations require multiple STUDIO Plans. Please contact us for franchise licensing. Any use of the PRO Plan Service outside or in excess of the license will be deemed a breach of the Agreement; in such cases, Yogi Tunes reserves the right to terminate your Account, and Yogi Tunes will not indemnify you against any third party claims by PROs, music publishers, songwriters, or other third parties based on your breach of the Agreement.
All Content are licensed, not sold, to you and Yogi Tunes and its licensors retain ownership of all copies of the Yogi Tunes software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”)
All Yogi Tunes trademarks, service marks, trade names, logos, domain names, and any other features of the Yogi Tunes Brand (“Yogi Tunes Brand Features”) are the sole property of Yogi Tunes or its licensors. The Agreements do not grant you any rights to use any Yogi Tunes Brand Feature whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Yogi Tunes Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Yogi Tunes grants no right, title, or interest to you in the Yogi Tunes Service or Content.
Occasionally, we or others on our behalf may offer trials of the Subscription Plan or PRO Plan for a specified period without payment or at a reduced rate (a “Trial”). Yogi Tunes reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some trials, we’ll require you to provide your payment details at the start of the Trial. AT THE END OF SUCH TRAILS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR YOGI TUNES’ ACCOUNT PAGE OR TERMINATE YOUR YOGI TUNES ACCOUNT BEFORE THE END OF THE TRIAL. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOGI TUNES WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
When purchasing and downloading Content from Yogi Tunes you agree that Yogi Tunes may charge your payment method for any products purchased and for any additional amounts (including taxes, and late fees, as applicable) that may be accrued by or in connection with your Account. Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product. ALL SALES OF PRODUCTS ARE FINAL. PRICES FOR PRODUCTS MAY CHANGE AT ANY TIME, AND THE YOGI TUNES SERVICE DOES NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE REDUCTION OR PROMOTIONAL OFFERING. IF TECHNICAL PROBLEMS PREVENT OR UNREASONABLY DELAY DELIVERY OF YOUR PRODUCT, YOUR EXCLUSIVE AND SOLE REMEDY IS EITHER REPLACEMENT OR REFUND OF THE PRICE PAID, AS DETERMINED BY YOGI TUNES.
Users of the Service may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”).
You promise that, with respect to any User Content that you post on Yogi Tunes, (1) you have the right to post such User Content, and (2) such User Content, or its use by Yogi Tunes as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Yogi Tunes or any artist, band, label, entity or individual without express written consent from such individual or entity. Yogi Tunes may, but has no obligation to, monitor, review, or edit User Content. In all cases, Yogi Tunes reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Spotify’s sole discretion, violates the Agreements. Yogi Tunes may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Yogi Tunes is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST YOGI TUNES RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD YOGI TUNES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Third Party Applications
The Yogi Tunes Service may be integrated with third party applications, website, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Yogi Tunes does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Yogi Tunes Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Yogi Tunes Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.
If you provide feedback, ideas, or suggestions to Yogi Tunes in connection with the Yogi Tunes Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Yogi Tunes to use that Feedback without restriction and without payment to you.
Yogi Tunes respects intellectual property rights and expects you to do the same. Here a few rules for you to follow when using the Service to ensure that everyone is enjoying Yogi Tunes. Please follow these rules and encourage others to do the same. These rules apply to all three services (Free Plan, Subscription Plan, PRO Plan) unless otherwise explicitly mentioned.
The following is never permitted:
- Copying, redistributing, reproducing “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Yogi Tunes Service or the Content, or otherwise making any use of the Yogi Tunes Service or the Content which is not expressly permitted under Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Yogi Tunes Service or the content or any part of it. PLEASE NOTE THAT USERS OF THE PRO AND STUDIO PLANS ARE GRANTED LIMITED RIGHTS TO PERFORM AND DISPLAY CONTENT TO THE PUBLIC UNDER THE EXPRESS LIMITATIONS OF THE PRO AND STUDIO PLANS;
- Using the Yogi Tunes Service to import or copy any local files you do not have the legal right to import or copy in this way;
- Transferring copies of cached Content from an authorized Device to any other Device by any means
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Yogi Tunes service, Content or any part thereof unless permitted by applicable law;
- Circumventing any technology used by Yogi Tunes, its licensors, or any third party to protect the Content or the Service;
- Selling, renting, sublicensing or leasing any part of the Yogi Tunes Service or the Content;
- Circumventing any territorial restrictions applied by Yogi Tunes or its licensors;
- Artificially increasing play count or otherwise manipulating the services by using a script or other automated process;
- Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Yogi Tunes Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content;
- Providing your password to any other person or using any other person’s username and password;
- “crawling” the Yogi Tunes Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Yogi Tunes; or
- selling a User Account or playlist, or otherwise accepting any compensation financial or otherwise, to influence the name of an Account or playlist or the content included on an Account or playlist.
Please respect Yogi Tunes, the owners of the Content, and other users of the Yogi Tunes Service. Please do not engage in any activity or register and/or use a username which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but limited to violations of intellectual property rights, privacy rights, or proprietary rights of Yogi Tunes or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- interferes with or in any way disrupts the Yogi Tunes Service, tampers with, breaches, or attempts to prove, scan, or test for vulnerabilities in the Service or Yogi Tunes’ computer systems, network, usage rules, or any of Yogi Tunes security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- Conflicts with the Agreements, as determined by Yogi Tunes.
Your password protects your User Account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your Account by third parties, please notify us immediately and change your password as soon as possible.
Service limitations and modifications
Yogi Tunes will make reasonable efforts to keep the Yogi Tunes Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Yogi Tunes reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Yogi Tunes Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Yogi Tunes Service or any function or feature thereof. You understand, agree, and accept that Yogi Tunes has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Yogi Tunes and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Yogi Tunes may change the price for the Free Plan, Subscription Plan and/or PRO Plan (together “Plans”) from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Prices changes for Plans will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Yogi Tunes Service after the price change takes effect. IF YOU DO NOT AGREE WITH THE PRICE CHANGES, YOU HAVE THE RIGHT TO REJECT THE CHANGE BY UNSUBSCRIBING FROM THE YOGI TUNES SERVICE PRIOR TO THE PRICE CHANGE GOING INTO EFFECT. PLEASE THEREFORE MAKE SURE YOU READ ANY SUCH NOTIFICATION OF PRICE CHANGES CAREFULLY.
Term and termination
The Agreements will continue to apply to you until terminated by either you or Yogi Tunes. Yogi Tunes may terminate the Agreements or suspend your access to the Yogi Tunes Service at any time, including in the event of your actual or suspected unauthorized use of the Yogi Tunes Service and/or Content, or non-compliance with the Agreements. If you or Yogi Tunes terminate the Agreements, or if Yogi Tunes suspends your access to the Yogi Tunes Service, you agree that Yogi Tunes shall have no liability or responsibility to you and Yogi Tunes will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Yogi Tunes Account, please contact us. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE YOGI TUNES SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE YOGI TUNES SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOGI TUNES AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER YOGI TUNES NOR ANY OWNER OF CONTENT WARRANTS THAT THE YOGI TUNES SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, YOGI TUNES MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE YOGI TUNES SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT YOGI TUNES IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE YOGI TUNES SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM YOGI TUNES SHALL CREATE ANY WARRANTY ON BEHALF OF YOGI TUNES IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE YOGI TUNES SERVICE IS TO UNINSTALL ANY YOGI TUNES SOFTWARE AND TO STOP USING THE YOGI TUNES SERVICE. WHILE YOGI TUNES ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO YOGI TUNES, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOGI TUNES, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE YOGI TUNES SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER YOGI TUNES HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE YOGI TUNES SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO YOGI TUNES DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Yogi Tunes’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD YOGI TUNES HARMLESS FROM AND AGAINST ALL CLAIMS DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT; (2) ANY ACTIVITY IN WHICH YOU ENGAGE ON, DURING OR THROUGH THE YOGI TUNES SERVICE; AND (3) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Yogi Tunes wishes to remind users to practice yoga in a safe environment and to listen to music at a safe volume.
DMCA Copyright Notice
Yogi Tunes respects the rights of intellectual property owners. If you believe that any Content appearing on the Service has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If Yogi Tunes is notified by a copyright holder that any Content infringes a copyright, Yogi Tunes may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Yogi Tunes with a request to restore the removed content.
Yogi Tunes, LLC.
364 Kearney St.
Ashland, OR 97520
Registration Number DMCA-1002724
Pursuant to 47 U.S.C. Section 230(d), as amended, Yogi Tunes hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: https://staysafeonline.org/stay-safe-online/for-parents/parental-controls
Please note that Yogi Tunes does not endorse any of the products or services listed at such site.
Other than as stated in this section or as explicitly agreed upon in writing between you and Yogi Tunes, the Agreements constitute all the terms and conditions agreed upon between you and Yogi Tunes and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Yogi Tunes Service may be governed by additional agreements. That could include, for example, access to the Yogi Tunes Service as a result of a coupon or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Yogi Tunes or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Yogi Tunes’ or the applicable third party beneficiary’s right to do so.
Yogi Tunes may assign the Agreements or any part of them, and Yogi Tunes may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH YOGI TUNES, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis. Notwithstanding the foregoing, either party may seek preliminary injunctive relief regarding their claims in a court.
- Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
- Waiver of Jury Trial. YOU AND YOGI TUNES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
- Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with YOGI TUNES.
The Service is controlled and operated by Yogi Tunes from its offices within the State of California, United States. Yogi Tunes makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.