WEBSITE TERMS of USE

 

ThouArt, LLC dba Jasna’s Yoga - Website Terms of Use Agreement  updated 4-12-21

 

What this Agreement Covers

This Agreement governs your use of the Site www.jasnasyoga.com and ThouART, LLC dba Jasna’s Yoga services. The service permits retail customers to purchase, custom merchandise, digital downloads, Yoga, meditation and online classes and fitness services inter alia, (the "Service(s)"), offered on this site (“Site”) by ThouArt, LLC dba Jasna’s Yoga (“ThouArt”, “us”, “we”, “our”). You understand that by using the Site and our Services, you have agreed to the terms and conditions of this Agreement for both you, and any minor children that you permit to participate in, observe, or use our Services, and you agree to use the Site and the Services solely as provided in this Agreement.

These terms of use govern your use of our website and by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age or are accompanied by and supervised by your parent or legal guardian before, during and after using our Site. To use our Services at any time you must be supervised by a parent or guardian and only while participating in or observing a scheduled online class in which you both are enrolled.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy and cookies policies.

By participating in our Services, you agree to the terms of our Waiver of Liability for both yourself, and for any minors for whom you are a parent or guardian that you permit to participate in or observe any of our Services, including but not limited to our Yoga and Meditation classes.

 

 

License to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not republish material from this website (including republication on another website), sell, rent or sub-license material from the website, show any material from the website in public, reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose, edit or otherwise modify any material on the website, or redistribute material from this website, except for content specifically and expressly made available for redistribution.

 

Intellectual Property Rights of ThouArt, LLC and Third Parties

ThouArt is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by ThouArt, LLC.

ThouArt, LLC is the owner of the JASNA”S YOGA trademark. Other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by ThouArt from Institutions and other third parties (the "Licensed Marks").

 

By using the ThouArt Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. ThouArt will notify you of such terms if we become aware that your usage is in violation of such terms.

Generally, products created using images and video available on the site should not be resold commercially. If you wish to resell such products, you agree to contact ThouArt to obtain its written consent and to verify the legality of reselling such products prior to doing so. ThouArt retains the right to display such intellectual property and offer same to other customers.

Additionally, ThouArt has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for ThouArt production.

You agree to not use ThouArt's Services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

 

Cancellation and Refund Policy – Online Classes

Since we offer limited participants per class, once booked the classes are non- refundable and non-transferable. You may reschedule up to two hours in advance of class start time. We offer a wait list so we ask all participants to be on time as we will hold seats for five minutes after class begins before offering to yoga students on the wait list. You must agree to our Terms and Conditions and our Waiver of Liability policies prior to observing or participating in our online yoga classes for both yourself and any minor children for whom you are a parent or guardian.

Cancellation and Refund Policy – Yoga Teacher Training

No refunds are offered except that a 75% refund is available or the Teacher Training program(a) for the first week. After the seventh day from acceptance into the Yoga Teacher Training program, no refund will be given. If you drop out of the course after the seventh day and later wish to

re-enter the course to complete Teacher Training Certification, you may not be credited for any funds previously paid and a full new tuition may be required at the sole discretion of ThouArt, LLC. Credit for work previously completed may be given at the sole discretion of ThouArt, LLC.

ThouArt, LLC may, at their sole discretion, discontinue your participation from the Teacher Training program, and any of its classes, retreats, or other programs and no refund will be given.

Refunds/ Transfer of services

Notwithstanding the Refund Policies above, all purchases, training courses, and classes are non-refundable and non- transferable.

 

HIPAA

You may access our HIPAA policies located on our website on the FORMS page at the HIPAA Policies link, or otherwise request that we email you a copy.

Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or our entire website, at our discretion.

If we provide you with or you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

 

You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.

 

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 

You must not use any other person's user ID and password to access our website.

 

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

 

Legal compliance.

ThouArt may share your information to comply with laws, regulations, legal process (eg a warrant or subpoena) or guidance; and to respond to governmental requests (eg informal requests from a regulator).

Aggregate or anonymous information. ThouArt may share anonymous or aggregate information about ThouArt users to third parties. For example, we may share anonymous or aggregate information to inform a third party’s decision on whether to place advertisements on our Site or on other websites. These companies may use such information about your visits to the Site and other websites to provide advertisements on the Site and other websites.

 

How we share your information

 

ThouArt may share your information, including Personal Information and/or Content, with the following types of third parties:

Service providers. ThouArt may share your information with third-party service providers, vendors, agents, contractors, or others who perform functions on our behalf. For example, we may use service providers to process your orders, deliver packages or send mail. We will obtain consent for such sharing with service providers where legally required.

Corporate affiliates. ThouArt may share your information with any current or future parent company, affiliate or subsidiary.

Other unaffiliated third parties. As noted herein, ThouArt may send you marketing offers on behalf of third parties. ThouArt may also share your information directly with third parties, including so they may send you marketing offers directly. The information that we share with third parties may include, without limitation, your email address, billing address, shipping address and order information (eg total price).

ThouArt may also share your information, including Personal Information and/or Content, at least in the following contexts:

Protecting rights and interests. ThouArt may share your information to investigate, protect or defend the rights, safety or property of ThouArt, our customers or the public; to investigate or enforce perceived violations of this terms of use Agreement. our Privacy Policies, or any other agreement we may have with you; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.

Sale or acquisition of assets. ThouArt may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not ThouArt, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.

Providing our services To facilitate your orders, to administer your account; to provide Zoom video classes; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Site, or for other informational purposes; to improve our services; and for other account or customer support-related purposes.

Marketing and advertising. To provide you with special offers, product information and other marketing or promotional communications from ThouArt or from other third parties. We may provide marketing or advertising to you in a variety of ways, including through our Site, via email or on other third-party websites (eg using Google Customer Match or Facebook Ads ). See our Online advertising and Your choices sections below for more information.

Research and analytics. To analyze how customers use our Site, services and products; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes.

 

Cookies and other tracking mechanisms

 

We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:

Cookies. A cookie is a small string of text that a website can send to your browser to help the website remember and customize your visit. For example, we use cookies to help us to tailor our Site to you, remember your orders, keep you logged into your account, and compile statistics about Site usage. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block or disable cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of many of the Site's features (eg you may not be able to stay logged into your account).

Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Site to track the activities of visitors to our Site, help us manage content and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.

LSOs. We may also use local storage objects (“LSOs”) to store your Site preferences and to personalize your visit. LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete or disable the acceptance of LSOs through your web browser. We may use applications, servers and other technology provided by third-party companies, such as Google Analytics, to help us improve our Site, performance and user experiences. These entities may use cookies and information-gathering tools, such as web beacons or LSOs, to perform their services.

Your California privacy rights

If you are a California resident, you may request a list of certain third parties to which we have disclosed “personal information”, as defined in California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), about you for their own direct marketing purposes. You may make one (1) request per calendar year. In your request, please affirm that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: thouart1@thouart.com. Please allow up to thirty (30) days for a response.

Children’s privacy

Our Site is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems.

California do not track disclosure

Our Site does not respond to do not track signals (e.g., the Mozilla Firefox Do Not Track feature), though you may be able to disable certain tracking (e.g., by disabling cookies).

 

Security

We have taken steps to protect your information. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Site. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.

 

You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.

 

Our Site may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. ThouArt is not liable for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.

 

Online advertising

We use third-party marketing or advertising companies (eg Google Customer Match etc.) to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms). This enables these third parties to target advertisements to you for products and services in which you might be interested. These advertisements may be targeted based on the pages you view on our Site or on third-party websites, as well as other information that they may have about you. These third parties may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. We may provide these third-party advertisers with information, including Personal Information, about you, as permitted under our agreements with such third parties.

 

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.

 

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (ie contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective.

 

Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org. The service providers we use for online advertising may change. However, for your convenience, here are the opt outs for some of the advertising service providers we may use.

Datalogix Opt-Out

Google Ads Opt-Out

Google Analytics Opt-Out

Live Ramp Opt-Out

Media Math Opt-Out

 

Information we collect

We may collect information directly from you, automatically through your use of our Site, and from third parties. We may combine all of information we collect about you from these various sources.

Information we collect directly from you. Depending on how you use our Site, you may provide us with certain information that can identify you as an individual, such as your name, email address, phone number, credit or debit card information and shipping or billing address (collectively, "Personal Information"). We will also collect any other information that you choose to provide to us through our Site (eg contents of messages you send to us through our Site).

Content that you provide. You may upload comments, reviews, graphics, photos or other materials to the Site ("Content"). If you post Content on our Site, the Content (e.g., t-shirt designs or photos submitted), as well as other information (eg user name or profile picture), may be available to all visitors to our Site, and we cannot prevent such Content or information from being used in a manner that may violate this Policy, our User Agreement, the law, or your personal privacy.

Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies. In addition, we may collect information about you from other ThouArt users (e.g. if one user ships a package to another user).

Information we collect automatically through your use of our Site. We may automatically collect information about your use of our Site and your orders, including but not limited to your Internet protocol (“IP”) address; the type of web browser you are using; the website that led you to our Site; the website you go after leaving our Site; the pages you view on our Site; the dates and times you access our Site; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.

Further, we may collect information as outlined in our Privacy Policies and our other policies.

 

Account information


If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at thouart1@thouart.com or through the contact information below. Please note that we may maintain copies of your information and Content even after you have updated the information or canceled your account.

 

User content

In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. Further, it includes video generated or recorded while participating in or observing any Services offered online by ThouArt, including but not limited to classes using Zoom meetings and webcasting, or similar services.

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

 

You warrant and represent that your content will comply with these terms of use.

 

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You agree for both yourself and any minor for whom you are a parent or guardian who are participating in or observing our Services, to the terms of our Name and Likeness Agreement which can also be downloaded from our FORMS page.

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

 

Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website, and our Services, (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database, or software We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You agree that ThouArt will be responsible for acting only on those instructions sent to ThouArt that actually are received. ThouArt will not be liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any Services. ThouArt is not liable for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider.

 

ThouArt is not responsible or liable should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company, or for any third-party associate or vendor’s failure to process your credit-card.

 

The information and materials contained in this Site, including text, graphics, links, or other items, are provided "as is", "as available". ThouArt does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials.

 

No warranty of any kind, implied, express, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

 

In no event will ThouArt be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if ThouArt, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

 

Intellectual Property Claims

ThouArt respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.

 

If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of ThouArt, please provide written notice to the following agent for notice of claims of infringement: IP Manager, ThouArt LLC, Houston, Texas at thouart1@thouart.com AND by fax to 281-469-8077.

 

In order for us to respond to your notice, it must: (i) contain your identity (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

 

Indemnity

You agree to defend, indemnify, and hold ThouArt and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of ThouArt's Site and its Services, your violation of this Agreement, or your violation of any rights of another.

 

You further hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

Breach of these terms of use

Without prejudice to any of our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

 

Changes to this Policy

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website. Notice is given by posting to our Site. We therefore encourage you to review this page and Site frequently for any changes.

 

 

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

 

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect, and will be construed in the broadest terms allowable by law.

If any paragraph or term in this Agreement conflicts with any other agreement we may have with you, the broadest allowable term will prevail.

 

Exclusion of third-party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.


Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Site and supersede all previous agreements in respect of your use of our website.

 

Notice

Notice must be directed to us at thouart1@thouart.com AND our fax at 281-469-8077.

 

Governing Law and jurisdiction

This Agreement shall be governed by the laws of the State of Texas, USA and, where applicable, by USA federal law, and without giving effect to conflict of law principles of both the State of Texas and USA Federal law.

 

Venue for all disputes is agreed to be Harris County, Texas, USA.