Energyflowing LLC. Terms of Service:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THESE WEBSITES. 

Energyflowing LLC. (“The Company”) owns and operates the following websites:

 https://www.gentlesomaticyoga.com/

https://www.gentlesomaticyoga.com/somatic-wellness-tv/

https://www.youtube.com/user/JamesKnightGYSE

https://www.gentlesomaticwellness.com 

This document governs your relationship with Energyflowing LLC. Access to and use of these websites and the products and services available through these websites (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.

The Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Energyflowing LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Energyflowing LLC.

Access to these websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason these websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of these websites.

These websites may contain links to other websites (the “Linked Sites”), which are not operated by Energyflowing LLC. Energyflowing LLC. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

By using these websites, you signify your consent to these Terms of Service. If you do not agree to these Terms of Service, please do not use the website.

  1. Liability Waiver:

As a participant of Energyflowing LLC. its related domains, sub domains, and mobile and desktop applications & TV, I agree to the following:

1: I am participating in the fitness program offered by Energyflowing LLC. during which I will receive information and instruction about Yoga, wellness, and health. I recognize that Yoga and related activities requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.

2: I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the fitness program. 

3: In consideration of being permitted to participate in the fitness program, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the fitness program.

4: In further consideration of being permitted to participate in the fitness program, I knowingly, voluntarily, and expressly waive any claim I may have with Energyflowing LLC. for injury or damages that I may sustain as a result of participating in the fitness program.

5: I, my heirs or legal representatives forever release, waive, discharge and covenant not to hold Energyflowing LLC., its directors, officers, employees, consultants, agents, and affiliates, instructors and all related parties responsible for any injury or death caused by their negligence or other acts. You agree to indemnify, defend and hold harmless EnergyFlowing Inc, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use these websites, fitness programs and products or your breach of the Terms of Service.

  1. Description of Service:

These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services through its website video streaming Services located under Energyflowing LLC. and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively also referred to as the “Services”). These Terms govern your use of Energyflowing LLC. Services, including all functionalities, features, streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Energyflowing LLC.

  1. Acceptance of Terms:

The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

  1. Changes to Terms:

The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

  1. Access and Use of Service:

Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

  1. Your Conduct:

The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by The Company.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

You may link to our home page only through our Affiliate Program and the terms of service of that program/service will apply. Outside of our Affiliate Program, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. These websites must not be framed on any other site, nor may you create a link to any part of these websites other than the home page. We reserve the right to withdraw linking permission without notice.

7: Disclaimer as to ownership of trademarks, images or personalities and third-party copyright: 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on these websites are in no way associated, linked or affiliated with Energyflowing LLC. and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on these websites are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Energyflowing LLC.

8: User Information:

You are solely responsible for the information you input or upload to the Services and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.

Your privacy rights are set forth in our Privacy Policy located at https://gentlesomacticyoga.com/privacy-policy

The Company reserves the right to offer The Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

9: Username/Password/Security:

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

You agree to immediately notify The Company of any unauthorized use of your username and password.

10: Use of Services:

The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.

Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on The Company’s website and applications.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

  1. Access to Services – Subscriptions & Purchases:

The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, The Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player, and bandwidth.

  1. Payments & Billing:

The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of The Company. The Company makes no guarantee as to the availability of a specific payment plan.

By placing an order you are offering to purchase a product or enroll in an online course and are subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with Energyflowing LLC. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Energyflowing LLC. retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Energyflowing LLC. or may in some cases be a third party. Where a contract is made with a third party, Energyflowing LLC. is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update and change this information at any time by logging into your video library and clicking the settings tab under the username.

Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription, or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

  1. User Comments and Suggestions:

While The Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.

If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of The Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial, or otherwise, without compensation to users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and The Company shall not be liable for any use or disclosure.

  1. Intellectual Property:

Energyflowing LLC. and any other trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of The Company, and any unauthorized use of such trademarks and trade names is prohibited.

The Services (including without limitation all programs, compiled binaries, photos, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of The Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

You agree that Energyflowing LLC. owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

  1. Social Networking:

Users may have the option to Twitter, Facebook, or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.

  1. Use of Software:

If the Services require or include downloadable software such as an app, or use of software provided by The Company for Publishers, The Company grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities from the applicable website.

Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of The Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

Users acknowledge and agree that use of the Software may require The Company to acquire the user’s mobile phone number and perhaps additional such information in order to obtain access Software.

Users agree that The Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.

The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

This License is effective until terminated by the user or The Company at its sole discretion. User’s rights under this license will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

  1. Copyright Infringement Notification:

If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify The Company by providing our designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf.

A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing.

Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity.

Your name, address, telephone number, and e-mail address.

A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send The Company a counter-notice that includes the following:

Your name and address, and telephone number.

The source address of the removed content.

A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.

  1. Warranty Disclaimers:

The services are provided “as is” and “as available”, with all faults and without warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

The company does not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. Should the licensed application or services prove defective, the company is not responsible for those costs associated with the need for servicing or replacing equipment or data.

The company makes no warranties about the accuracy, reliability, completeness or timeliness of the services or user generated content offered or any other content accessed through the services.

The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. accordingly, the company does not assume any liability for any damage users may experience or costs users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. in no event will such data or information be deemed to be confidential, create any fiduciary obligations on the company’s part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.

The company takes no responsibility whatsoever for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information.  Nor is the company responsible for loss of information through the action of any third party or because of circumstances beyond the company’s control. All users are expected to have their own backup of all of their information.

To the fullest extent permissible under applicable law, user understands and agrees that neither the company nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions the company takes or fails to take. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorized access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. Company’s maximum liability arising out of or in connection with this services or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the services.

The company is not responsible for deletion or loss of files or information uploaded to the services.  All users are expected to have their own backup of all files and information uploaded to the services. 

  1. Limitation of Liability:

In addition to any limitation of liability set forth herein, to the fullest extent permissible under applicable law, user understands and agrees that neither the company nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the services or from any actions the company takes or fails to take. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data, emotional distress, and other tangible and intangible losses. 

This limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if the company or its representatives have been advised of the possibility of such damages. Company’s maximum liability arising out of or in connection with your use of the services, regardless of the cause of action, will not exceed the amount, if any, paid for the services.

  1. Indemnification:

Users agree to defend, indemnify, and hold harmless the company and its subsidiaries, affiliates, officers, directors, employees, agents, representatives and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the services; (ii) any user generated content or communications, or (iii) your breach of the terms of this agreement. The company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. The company reserves the right to assume the exclusive defense and control of any matter subject to immediate indemnification.

  1. Communications:

By using the Services you consent to receive electronic communications from The Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.

  1. Additional Terms and Conditions:

Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee, affiliate or principal and agent relationship between users and The Company.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of Wyoming in connection with any action arising out of or related to these Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. 

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

You may not assign these Terms of Service or any of your rights or obligations hereunder.

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Except as expressly specified herein, this Agreement shall create rights and obligations only between The Company and each individual user and it does not create any rights for any other parties.

© 2020 Energyflowing LLC.

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