Terms of Use
Overview:
Welcome to YOQI®!
YOQI® Productions LLC is a subscription service that provides our members with access to Qigong and Yoga videos streamed over the Internet to computers, mobile phones and other devices.
These Terms of Use govern your use of our service. As used in these Terms of Use, "YOQI® service", "our service" or "the service" means the service provided by YOQI® Productions LLC for discovering and videos, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
1. Acceptance of Terms of Use
These Terms of Use govern your use of the YOQI® service. By using, visiting, or browsing the YOQI® service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the YOQI® service.
2. Changes to Terms of Use. YOQI® may, from time to time, change these Terms of Use. Such revisions shall be effective immediately.
3. Communication Preferences. By using the YOQI® service, you consent to receiving electronic communications from YOQI® relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the YOQI® service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactions information) and are part of your relationship with YOQI®. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new YOQI® features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply press “Unsubscribe” link on the newsletter email.
4. Membership, Free Trials, Billing and Cancellation
1. Ongoing Membership. Your YOQI® membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the YOQI®service. We will bill the monthly subscription fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
5. Free Trials
1. Your YOQI® membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. YOQI® reserves the right, in its absolute discretion, to determine your free trial eligibility.
2. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. .
3. YOQI® will not inform you or send notification that your 1 Month free trial period is ending. It is up to cancel your membership otherwise we will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
6. Billing
1. Recurring Billing. By starting your YOQI® membership, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the YOQI service to your Payment Method.
2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
3. Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your YOQI membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
7. Refunds
1. No Refunds for partially used periods. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
8. Cancellation. You may cancel your YOQI® membership at any time, and you will continue to have access to the YOQI service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED VIDEOS. To cancel, go to the "FAQ" page on our website and follow the instructions for cancellation.
9. YOQI Service
1. The YOQI® service, and any content viewed through our service, are for your personal and non-commercial use only. During your YOQI® subscription, we grant you unlimited, non-exclusive, non-transferable, viewing access to the YOQI® service and view on a streaming-only basis for that purpose. Except for the foregoing limited access, no right, title or interest shall be transferred to you.
2. We continually update the YOQI® service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of videos and courses, delivery and pricing. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
3. You agree to use the YOQI® service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the YOQI service without express written permission from YOQI®. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the YOQI®service; use any robot, spider, scraper or other automated means to access the YOQI® service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the YOQI® service; insert any code or product or manipulate the content of the YOQI service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the YOQI service, including any software viruses or any other computer code, files or programs.
4. The availability of videos to watch will change from time to time. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. YOQI makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video will vary based on a number of factors, including your location, available bandwidth at the time and video you have selected.
5. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
10. Passwords & Account Access
1. The member who created the YOQI® account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the YOQI account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting YOQI® Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
2. In order to provide you with ease of access to your account and to help administer the YOQI® service, YOQI® implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the YOQI® service.
3. BY SHARING THE YOQI SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
4. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the YOQI® website and not through a hyperlink in an email or any other electronic communication, even if it looks official. YOQI®I reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. YOQI® is not obligated to credit or discount a membership for holds placed on the account by either a representative of YOQI® or by the automated processes of YOQI® .
11. Disclaimers of Warranties and Limitations on Liability
1. THE YOQI SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE YOQI SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOQI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YOQI SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOQI, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LISCENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
3. IN NO EVENT DOES YOQI MAKE CLAIMS TO HEAL ANY ILLNESS OR CONDITION. VIEWER AGREES TO PARTAKE IN YOQI PRACTICES UPON THEIR OWN DISCRESSION AND CONSULTS WITH THEIR PRIMARY DOCTOR FOR ALL HEALTH RELATED CONCERNS.
4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
12. Intellectual Property
1. Copyright. The YOQI® service, including all content provided on the YOQI service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
2. Trademarks. YOQI® is a registered trademark of Marisa Cranfill. For information on use of YOQI® trademarks email marisa@yoqi.com.
3. Governing Law
1. For all other YOQI® members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions.
2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
13. Use of Information Submitted. YOQI® is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the YOQI®service, including the YOQI® website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the YOQI®service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
14. Customer Support. If you need assistance with your account, click on the "FAQ" link at the bottom right corner of our website at any time. There you will find the answers to many frequently asked questions and information. For more questions please submit a request through the form on our contact page (https://www.yoqi.com/contact). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.