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.
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 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.
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.
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:
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:
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.
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: firstname.lastname@example.org. Please allow up to thirty (30) days for a response.
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).
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.
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.
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.
If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at email@example.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.
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.
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.
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
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 firstname.lastname@example.org 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.
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.
Changes to this Policy
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
Notice must be directed to us at email@example.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.