Terms Of Use

Effective and last revised on March 28, 2023.

Welcome to the YogaNow website, which is owned and operated by TOPADSNET LLC, address: Mesta str.№ 46, fl. 4, ap. 2, Burgas City 8000, Bulgaria (hereinafter referred to as “Website”).

The Website may include some or of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a service and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the YogaNow online store, collectively referred to as the “Services.”

PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.

Parties.

The following Terms of Use and Privacy Policy, as well as any other guidelines, rules or operating policies that YogaNow may establish and post at the Website from time to time, all of which are hereby incorporated by reference. All of the foregoing, which are collectively referred to as the “Agreement,” set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Website (together with any business, entity or organization each such visitor and/or user may be representing) (referred to as “you” or “your”) and TOPADSNET LLC (“TOPADSNET,” “we,” “our” and “us”).

Acceptance of Terms and Agreement to Be Bound.

The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Registered User” (which means that you have registered to use the Website and have purchased one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or purchase the Services, and you are obliged discontinue any use of the Website and the Services immediately.

Modifications.

We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at our Website. By accessing and/or using our Website after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Website and/or the Services will be subject to this Agreement.

Age Requirements for Access and Use of the Website.

By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of Republic of Estonia or other applicable jurisdiction. Registration, purchase, access to and use of the Website and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.

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, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Services (or any portion thereof).

Children.

Due to the nature of the Internet, we cannot prohibit minors from visiting our Website. However, our Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at info@thisisyoganow.com.

We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy set forth below for additional information about Children’s Online Privacy Protection Policy).

Preservation and Disclosure of Account Information and User Content.

You acknowledge and agree that TOPADSNET may access, preserve and disclose your account information and User 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; (b) enforce this Agreement; (c) respond to claims that any Site Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TOPADSNET, the other users of the Website and Services, and the public. However, under no other circumstances will TOPADSNET intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy, which is set forth below.

Security Components

You acknowledge and agree that the Website and the Services, and the software embodied within the Website and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by TOPADSNET and/or content providers who provide content to TOPADSNET. You may not attempt to override or circumvent any such security components and usage rules embedded in the Website and the Services.

Fees and Payment.

Access to and use of the Services is subject to a purchase fee (“Fee”). The Fee is payable in EUR or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial purchase. The Fee is non-refundable except as provided in (“Term and Termination”) section below. TOPADSNET reserves the right to change or modify the Fee (including, without limitation, increasing prices and charging a fee for upgrades) at any time.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during purchase. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Content.

The content available at the Website and the Services generally consists of (a) content owned by TOPADSNET, including but not limited to the trademarks, trade dress and “look and feel” of the Website and content created and/or acquired and owned by TOPADSNET (“TOPADSNET Content”), (b) content owned by third parties and licensed to TOPADSNET for specified uses on the Website and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Website and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”  The quality of the display of the TOPADSNET content may vary from 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. Please check with your Internet provider for information on possible Internet data usage charges. TOPADSNET makes no representations or warranties about the quality of your watching experience on your display.

Limited License.

TOPADSNET hereby grants to Users a limited, personal, revocable, non-sublicensable license to display a single copy of the TOPADSNET Content and the Third-Party Content located on or available through our Website or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Website and using the Services during the term of your use. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by TOPADSNET as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.

Health and Medical Concerns.

Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Website and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. TOPADSNET, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

The Website and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Website and/or the Services. The Website and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Website and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Website and/or the Services.

You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

Reservation of Rights.

TOPADSNET Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. TOPADSNET and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.

Other Sites.

The Website may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Website does not imply TOPADSNET investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or Website. TOPADSNET does not assume any responsibility or liability for the actions, products, services, and/or content of any such Website. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such Website. If you decide to access any such linked Website, you do so at your own risk.

Term and Termination.

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by TOPADSNET or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at info@thisisyoganow.com, but any such termination and cancellation will be effective only after TOPADSNET has processed the request. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with TOPADSNET.

TOPADSNET reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. TOPADSNET shall have no liability to you or any third party because of such suspension or termination or related action for any reason.

Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE OFFERED WITHOUT WARRANTIES OF ANY KIND WHATSOEVER BY TOPADSNET AND/OR THE PROVIDERS OF SITE CONTENT. THE DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING.

YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOPADSNET AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “TOPADSNET-RELATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH THEY ARE LINKED.

THE TOPADSNET-RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY OR HEALTH PROBLEMS THAT MAY RESULT FROM YOUR USE OF THE SITE CONTENT AND/OR OTHER ASPECTS OF THE WEBSITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO TRAINING PROGRAMS, RECIPES, PRODUCTS, SERVICES, EVENTS AND/OR INFORMATION THAT YOU MAY LEARN ABOUT ON THE WEBSITE AND/OR THE SERVICES, AND/OR ANY ACTION OR INACTION ON YOUR PART AS A RESULT OF INFORMATION YOU HAVE OBTAINED FROM THE WEBSITE AND/OR THE SERVICES. BY WAY OF EXAMPLE ONLY, IF YOU ENGAGE IN ANY EXERCISE OR DIET PROGRAM THAT YOU RECEIVE OR LEARN ABOUT THROUGH THE WEBSITE AND/OR THE SERVICES, AND/OR IF YOU USE ANY PRODUCT OR SERVICE THAT YOU RECEIVE OR LEARN ABOUT THROUGH THE WEBSITE AND/OR THE SERVICES, YOU AGREE THAT YOU DO SO VOLUNTARILY, AFTER CONSULTING AN APPROPRIATE HEALTH PROFESSIONAL OF YOUR CHOICE, AND AT YOUR OWN RISK, AND YOU AGREE TO RELEASE AND DISCHARGE THE TOPADSNET-RELATED PARTIES TOPADSNET FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, KNOWN OR UNKNOWN, ARISING OUT OF THE FOREGOING.

THE TOPADSNET-RELATED PARTIES MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES, THE SITE CONTENT, AND/OR THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULTS FROM THE USE OF ANY OF THE FOREGOING, OR THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMLESS COMPONENTS (INCLUDING VIRUSES, MALWARE, SPYWARE, OR COMPARABLE COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Waiver of Claims.

You hereby waive, release and discharge the TOPADSNET-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

Limitation of Liability.

To the fullest extent permitted by applicable laws, the TOPADSNET-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if any of the TOPADSNET-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the TOPADSNET-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TOPADSNET for the Services.

Severability.

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. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by TOPADSNET. Furthermore, if any term or condition 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 intentions of the parties as reflected in the invalidated provision.

Indemnity.

You agree to indemnify, defend, and hold harmless the TOPADSNET-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. TOPADSNET will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Modification and Discontinuation.

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, 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 Website and/or the Services.

Entire Agreement.

This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy), constitutes the entire agreement between you and TOPADSNET and governs your use of the Website and Service, superseding any prior agreements between you and TOPADSNET with respect to the Website and/or the Services.

Relationship of the Parties.

You and TOPADSNET acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.

Notices and Questions.

If you have any questions regarding this Agreement, please contact us by email at info@thisisyoganow.com. Except as otherwise specified elsewhere in this Agreement, notices to TOPADSNET may be given at the foregoing email, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from TOPADSNET. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.