Terms & Conditions

Melanie Yoga Inc. website (hereinafter referred to as the “Website”) is designed to provide you with high quality video of yoga classes, strength and stretch routines, foundational moves, information about yoga and bringing together a community of people that are interested in beginning a yoga routine for the first time or getting into shape after a long time away from fitness including yoga if you are resuming practice after an absence.

The Website is owned by Melanie Yoga Inc.. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Melanie Yoga Inc., the mobile or tablet versions thereof, any Melanie Yoga Inc. software, and any applications created by Melanie Yoga Inc. whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any Melanie Yoga Inc. applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Melanie Yoga Inc. and such social networking site, mobile or tablet device, or internet television or other technology platform.

PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.

1. Acceptance of Terms

This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user to purchase or stream). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

2. General Registration Requirements

If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the 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 Canada 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, Melanie Yoga Inc. 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. Use of the Service and membership on the Website is void where prohibited.

Content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only may be downloaded when purchased, but may not copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Melanie Yoga Inc. Melanie Yoga Inc. reserves all rights not expressly granted in and to the Website and the Content.

You may access Website and Content as available:

for your information and personal use as intended through the normal functionality of the Melanie Yoga Inc. Service; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Melanie Yoga Inc. 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) and Purchase.

3. Health Disclaimer

Yoga focuses on movement of the body, breathing and meditation which are beneficial to one’s well-being. It is advisable that you, as a  practitioner of yoga, consult with your physician to ensure that you are physically able to participate in yoga postures which focus on strength building, weight bearing, stretching and breathing exercises. Melanie Yoga Inc. takes no responsibility for your failure to consult with your physician as recommended.

Yoga is beneficial when undertaken with an understanding of your own physical abilities and limitations. You should not overestimate the abilities of your body and strive to do advanced poses before your body is strong and flexible enough to do so. This approach can result in serious injury. If you are unsure about your ability to perform certain poses, we strongly suggest you seek the advice of a certified yoga instructor or other qualified instructor yoga practitioner.

Yoga, as with other physical activities, presents a risk of physical injury. Your use of the Melanie Yoga Inc. Website expressly implies that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. If you experience any pain, discomfort or other symptoms during your practice, discontinue immediately and seek medical attention.

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.

4. Minors

Melanie Yoga Inc.’s content is not directed to persons under nineteen (19) years of age, and by providing information about yourself to Melanie Yoga Inc. you are representing that you are nineteen (19) years of age or older.

5. Member Account, Password and Security

If you register on the Website, 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 Melanie Yoga Inc. 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. You may never use another Member’s account without prior authorization from Melanie Yoga Inc.. Melanie Yoga Inc. will not be liable for any loss or damage arising from your failure to comply with this Agreement.

6. Responsibility for Content

You, and not Melanie Yoga Inc., are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Website. Melanie Yoga Inc. does not control the Content posted via the Website 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 Melanie Yoga Inc. 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.

7. Rejection/Removal of Content

You acknowledge that Melanie Yoga Inc. may or may not pre-screen Content posted on the Website, that Melanie Yoga Inc. is not responsible for behaviour or comments of teachers and/or students and/or music on the Website, but that Melanie Yoga Inc. 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, Melanie Yoga Inc. shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Melanie Yoga Inc.

If you become aware of misuse of the Service by any person, please contact Melanie Yoga Inc.

8. Termination or Suspension of Account

You agree that Melanie Yoga Inc. may at any time and for any reason, including a period of account inactivity, terminate your access to Melanie Yoga Inc. Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

9. Preservation/Disclosure

You acknowledge, consent and agree that Melanie Yoga Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Melanie Yoga Inc., its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

10. Security Components

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Melanie Yoga Inc. and/or content providers who provide content to Melanie Yoga Inc.. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.

11. Proprietary Rights

All materials on the Website, 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 Melanie Yoga Inc. or by third parties that have licensed or otherwise provided their material to Melanie Yoga Inc.. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, 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 Melanie Yoga Inc.’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 Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

12. Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by Melanie Yoga Inc.. Unauthorized framing of or linking to any of the Website 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.

13. Other Sites

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Melanie Yoga Inc. does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Melanie Yoga Inc.’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

14. 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 Canada or the country in which you reside.

15. Privacy Policy

Melanie Yoga Inc. respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Provincial and Federal legislation.

16. Term and Termination

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website.

Melanie Yoga Inc. reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Melanie Yoga Inc. believes that you have breached any of the terms of this Agreement, furnished Melanie Yoga Inc. with false or misleading information, or interfered with use of the Website or 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. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

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.

17. Membership

No Sharing: Members of Melanie Yoga Inc. 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 Melanie Yoga Inc. as fraudulent use of the Website, 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.  Fraudulent Use: Melanie Yoga Inc. reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.  Free Trial: 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”). Melanie Yoga Inc. 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. Melanie Yoga Inc. reserves the right to terminate any account that is using or trying to use more than one Free Trial.  Billing: Memberships are billed monthly. All memberships and all purchases are non-refundable. All memberships are renewed automatically until you cancel by logging into your account and completing the cancellation process. If membership is terminated due to a violation of this Agreement, Melanie Yoga Inc. will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time by logging into their account and completing the cancellation process. You must cancel your membership online by logging into your account and completing the cancellation process prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.  Pricing: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Melanie Yoga Inc. later increases the price of the subscription, Melanie Yoga Inc. will notify you. 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.

18. Disclaimer of Warranties

You agree that your use of the Website shall be at your sole risk. The Website and the materials are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Melanie Yoga Inc., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Melanie Yoga Inc. makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website 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 Website, (III) any unauthorized access to or use of Melanie Yoga Inc. 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 Website, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website 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 Website.

19. Limitation on Liability

In no event shall Melanie Yoga Inc., its officers, directors, employees, or agents, 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 Website, (III) any unauthorized access to or use of Melanie Yoga Inc. 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 Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website 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 Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Melanie Yoga Inc. 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.

No communication of any kind between you and Melanie Yoga Inc. or a representative of Melanie Yoga Inc. shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

20. Exclusions and Limitations

Those who access or use the Website 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.

21. Indemnity

You agree to defend, indemnify and hold harmless Melanie Yoga Inc., 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 Website; (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 Website.

22. 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 Website, to obtain certain premium Content through the Website, 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.

23. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (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 or the Website.

24. Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Melanie Yoga Inc. without restriction.

25. Integration Clause

This Agreement together with any other legal notices published by Melanie Yoga Inc. on the Website, shall constitute the entire agreement between you and Melanie Yoga Inc. concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Melanie Yoga Inc. with respect to the Website and Service.

26. Waiver and Severability of Terms

The failure of Melanie Yoga Inc. 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.

27. 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 Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

28. Governing Law and Venue

This Agreement shall be governed by the laws of the Province of Newfoundland and Labrador and the laws of Canada, where applicable, without respect to its conflict of laws principles. Any claim or dispute between you and Melanie Yoga Inc. that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in St. John’s, Newfoundland and Labrador.

You agree that: (a) the Website shall be deemed solely based in Newfoundland and Labrador; and (b) the Melanie Yoga Inc. Website shall be deemed a passive website that does not give rise to personal jurisdiction over Melanie Yoga Inc., either specific or general, in jurisdictions other than Newfoundland and Labrador.

29. Ability to Accept Terms of Service

You affirm that you are at least nineteen (19) 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.

30. General

Melanie Yoga Inc. 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 Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

31. Questions

If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.