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Terms of Service
Last Updated 11/11/2021
DISCLAIMER
Bodinh offers education in the form of yoga classes, health programs and workshops which impart information and instruction about yoga, mindfulness and health. By agreeing to these terms you recognize that yoga requires physical exertion which may be strenuous and may cause physical injury. Not all fitness programs are for everyone and it is your responsibility to consult with a physician to determine your needs and limitations prior to participation in a new fitness program. Do not start this fitness program if your physician or health care provider advises against it. You agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you may incur as a result of voluntarily participating in the program.
This site and affiliated apps offer information for educational purposes only and its use is at your own risk. Bodinh’s educational programs do not diagnose or treat any illnesses or injuries. The information provided is not a substitute for, nor does it replace, professional medical advice, counseling or treatment. You waive any claim against Bodinh LLC, its teachers, partners, contractors and affiliated companies as a result in participating in this educational program.
If you experience shortness of breath, faintness, chest pain, dizziness or loss of balance while exercising you should stop immediately and contact your health care provider. If you have any concerns regarding your health, you should always consult your physician. If you currently are a smoker, obese, or currently experience or have a family history of heart disease, neuromuscular disorders, chest pain, high cholesterol or hypertension, you should consult with your healthcare provider before starting a new fitness program.
Do not avoid or delay seeking the opinion of a doctor or treatment because of information contained within our educational content.
This Terms of Service Agreement (“Agreement”) is between you, the user, and Bodinh LLC (for the purposes hereof, “Bodinh,” “we” or “us”). The Agreement governs your use of the the website located at www.bodinh.com (the “Website”) including any functionality, services and products offered on or through the Website, and any of our other products or services such as Bodinh’s apps (the “App”), collectively referred to as (the “Services”), whether or not you are a registered user, visitor or have otherwise chosen to access the Services.
Please carefully review this Agreement prior to using Bodinh’s Services. Section 10 of this Agreement contains a mandatory Arbitration Agreement. By using the Services, you agree that any claims you may have against us related to the Services must be Arbitrated, and you waive the right to (1) assert claims against Bodinh in court; (2) participate in a class action; and (3) have a jury hear your case.
1. Acceptance
By creating an account, viewing videos, making a purchase, downloading Bodinh-branded applications, or otherwise visiting or using the Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses the Bodinh’s Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. If you do not want to agree to this Agreement, you must not access or use the Services.
We may update this Agreement by posting a revised version on our website. By continuing to use the Bodinh’s Services, you accept any revised Agreement.
You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If we delete your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).
2. Accounts
Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Bodinh at this email address.
Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use our Services.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
3. Privacy
Please review our Privacy Policy to learn about the information we collect from you when you use the Services, how we use it, and with whom we share it.
By creating an account, you agree that Bodinh will have access to your account information and account activities, such as the viewing and purchase of our Programs, and your contact information.
4. Program Viewing and Purchase Options
We may offer the following purchase options through our Website and App:
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Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.
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Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by us, you may download the Program.
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Subscription: For a recurring fee, you may stream the Programs offered within Bodinh’s subscription channel an unlimited number of times during your subscription period. Bodinh may add or remove Programs from the channel at any time.
To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If we provide you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
In-App Purchase: We may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not Bodinh’s). Any billing inquiries should be directed to the app platform.
5. Licenses and Intellectual Property
License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.
Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by Bodinh. Subject to the terms hereof, Bodinh grants you permission to use the Services for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by Bodinh are reserved.
Bodinh retains all right, title, and interest to all content shared through our Services, including but not limited to, trademarks, copyrights, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, audiovisual files, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. Our content is protected by U.S. copyright and trademark law and any other applicable intellectual property laws and treaties throughout the world. All rights in product names, logos, service marks, trade dress, slogans, product packaging, and designs of our products and Services, belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
Our Apps: If you download an App that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Bodinh and the platform operator (but without creating any obligation by Vimeo), Bodinh shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Content; Feedback: To the extent that you submit any content to Bodinh (i.e. in your profile, a comment, or forum), you grant Bodinh an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Bodinh on improving our products or services, Bodinh may use your suggestions without any compensation to you.
6. Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to "submit") content such as images and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. Bodinh may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Bodinh may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
6.1 Code of Conduct
In using the Services, you may not:
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Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
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Act in a deceptive manner or impersonate any person or organization;
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Harass or stalk any person;
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Harm or exploit minors;
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Distribute “spam” in any form or use misleading metadata;
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Collect personal information about others;
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Access another’s account without permission;
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Use or export any of our services in violation of any U.S. export control laws;
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Engage in any unlawful activity; or
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Cause or encourage others to do any of the above.
6.2 Prohibited Technical Measures
You will not:
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Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
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Submit any malicious program, script, or code;
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Submit an unreasonable number of requests to our servers; or
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Take any other actions to manipulate, interfere with, or damage the Services.
6.3 Restricted Users
You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.
7. Disclaimers
YOUR USE OF THE SERVICES AND ANY PROGRAM IS AT YOUR OWN RISK. WE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, we make no representations or warranties concerning:
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The availability of the Services in a particular jurisdiction.
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The availability of the Services for any particular device, operating system, or browser.
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The continued support for a particular feature of the Services.
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The viewing quality of any Program. We do not guarantee that you will be able to use the Services at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
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The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of Bodinh and/or persons involved in the production of the Program, not Vimeo.
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The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
We may provide links to other websites such as third-party websites. We are not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIMEO, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A BODINH OR OTHER USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO BODINH OR VIMEO OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Bodinh has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
9. Indemnification
You shall indemnify, defend, and hold harmless Bodinh and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Vimeo) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.
10. Arbitration Agreement; Jury Waiver; Class Action Waiver
This Section 10 sets forth a binding arbitration agreement between you and Bodinh (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:
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To arbitrate all claims relating to the Services;
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To waive your right to a trial by jury; and
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To waive any right to proceed on a class basis in arbitration or otherwise.
10.1 Arbitration Agreement
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Bodinh Service shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as modified by our Arbitration Procedures.
10.2 Overview
Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Bodinh are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
10.3 Location of Hearing
If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, New York State, United States of America.
10.4 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
10.5 Exception for Small Claims Court Matters
Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
10.6 Jurisdiction and Venue
The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.
10.7 Binding Arbitration with Producers
To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with Vimeo, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10.
11. General Provisions
Choice of Law: Any disputes relating to this Agreement or your use of the Bodinh Service will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Bodinh and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
No Waiver: The failure of Bodinh to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.
Force Majeure: Neither Bodinh nor Vimeo shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the Services if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Services would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
Entire Agreement: This Agreement incorporates by reference the Bodinh Privacy Policy, Arbitration Procedures, and Copyright Policy. Except for links to these documents, links to pages on the Website or any third party materials are for convenience only and do not form part of this Agreement.
This Agreement sets forth the entire understanding between you and Bodinh concerning your use of the Services and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Website and will apply prospectively.
Contact Us: If you have any support questions, please contact us at ottsupport@vimeo.com. Other questions can be directed to hello@bodinh.com
You must send any notices of a legal nature to us at:
Vimeo.com, Inc.
Attention: Legal Department
555 West 18th Street
New York, New York 10011
