Terms of Use
Information & Notices
THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERN YOUR USE OF THE DRISHTI BEATS WEB SITE LOCATED AT DRISHTIBEATS.COM, AND ALL ASSOCIATED SITES LINKED TO DRISHTIBEATS.COM, ITS SUBSIDIARIES AND AFFILIATES, INCLUDING DRISHTI BEATS SITES AROUND THE WORLD, DRISHTI BEATS SOFTWARE AND SERVICE (collectively the “Drishti Beats”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
BY USING DRISHTI BEATS, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE DRISHTI BEATS.
Last updated: April 2, 2021
Agreement to Terms of Use
Drishti Beats reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of Drishti Beats following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Drishti Beats grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, rides, written charts, plans, educational materials, videos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Drishti Beats is owned, controlled or licensed by or to Drishti Beats, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of Drishti Beats and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Drishti Beats’ express prior written consent.
You may use information on Drishti Beats products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Drishti Beats for downloading from Drishti Beats, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Teacher Training Terms And Conditions
Drishti Beats is the creator and provider of Drishti Beats Yoga Teacher Training, which, upon purchasing, permits you to access online training materials including but not limited to: videos, podcasts, documentation, interfaces, content, fonts, educational materials, and any data accompanying this Agreement, for end user use only under the terms and conditions set forth in this Agreement.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Drishti Beats or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Drishti Beats or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Drishti Beats. Drishti Beats reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of Drishti Beats, or any other systems or networks connected to Drishti Beats or to any Drishti Beats server, or to any of the services offered on or through Drishti Beats, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of Drishti Beats or any network connected to Drishti Beats, nor breach the security or authentication measures on Drishti Beats or any network connected to Drishti Beats. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Drishti Beats, or any other customer of Drishti Beats, including any Drishti Beats account not owned by you, to its source, or exploit Drishti Beats or any service or information made available or offered by or through Drishti Beats, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Drishti Beats.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Drishti Beats or Drishti Beats’ systems or networks, or any systems or networks connected to Drishti Beats.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Drishti Beats or any transaction being conducted on Drishti Beats, or with any other person’s use of Drishti Beats.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Drishti Beats or any service offered on or through Drishti Beats. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use Drishti Beats or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Drishti Beats or others.
Requirements for use of Drishti Beats
Drishti Beats is only available with an active and valid account.
Drishti Beats is available to you only. Drishti Beats may use technologies to verify your compliance.
The use of Drishti Beats requires compatible devices, internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Account, Password and Security
Certain features or services offered on or through Drishti Beats may require you to open an account (including setting up a Drishti Beats account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Drishti Beats immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Drishti Beats or any other user of or visitor to Drishti Beats due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time. Drishti Beats cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
In order to access some parts of Drishti Beats, you must enter a valid and active billing information.
You agree to provide accurate and complete information when you register with, and as you use, Drishti Beats, and you agree to update your information to keep it accurate and complete. You agree that Drishti Beats may store and use the information you provide for use in maintaining and billing fees to your account.
Content Availability
Drishti Beats reserves the right to change content options (including eligibility for particular features) without notice.
Use of Content
You agree that certain parts of Drishti Beats include security technology that limits your use of Drishti Beats and that, whether or not Drishti Beats is limited by security technology, you shall use Drishti Beats in compliance with the applicable usage rules established by Drishti Beats and its licensors (“Usage Rules”), and that any other use of Drishti Beats may constitute a copyright infringement. Any security technology is an inseparable part of Drishti Beats. Drishti Beats reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Drishti Beats for compliance purposes, and Drishti Beats reserves the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to Drishti Beats. Violations of system or network security may result in civil or criminal liability.
Usage Rules
(i) You shall be authorized to use Drishti Beats only for personal, noncommercial use (except as permitted for group exercise).
(ii) You shall be authorized to use Drishti Beats on only one device at any time.
(iii) Once you start, you may not fast forward or rewind, however, you may stop, pause or restart it.
(iv) As long as you hold a valid and active PASS, you may copy and store parts of Drishti Beats as reasonably necessary for educational, noncommercial use.
Some parts of Drishti Beats may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage parts of Drishti Beats once downloaded.
The delivery of Drishti Beats does not transfer to you any commercial or promotional use rights in Drishti Beats. Any copying or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Drishti Beats.
You acknowledge that, because some aspects of Drishti Beats, and administration of the Usage Rules entails the ongoing involvement of Drishti Beats, if Drishti Beats changes any part of Drishti Beats, which Drishti Beats may do at its discretion, you may not be able to use Drishti Beats to the same extent as prior to such change or discontinuation, and that Drishti Beats shall have no liability to you in such case.
Third-Party Materials
Certain content may include materials from third parties. Drishti Beats may provide links to third-party websites as a convenience to you. You agree that Drishti Beats is not responsible for examining or evaluating the content or accuracy and Drishti Beats does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials or products of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Drishti Beats is not in any way responsible for any such use by you.
Objectionable Material
You understand that by using Drishti Beats, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use Drishti Beats at your sole risk and Drishti Beats shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
Intellectual Property
You agree that Drishti Beats, including but not limited to graphics, user interface, audio clips, video clips, educational content, and the scripts and software used to implement Drishti Beats, contains proprietary information and material that is owned by Drishti Beats and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of Drishti Beats in compliance with this Agreement. No portion of Drishti Beats may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Drishti Beats in any manner, and you shall not exploit Drishti Beats in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Drishti Beats and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of Drishti Beats at any time without notice. In no event will Drishti Beats be liable for making these changes. Drishti Beats may also impose limits on the use of or access to certain features or portions of Drishti Beats, in any case and without notice or liability.
All copyrights in and to Drishti Beats (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by Drishti Beats and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF Drishti Beats, EXCEPT FOR USE OF THE PROGRAM AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
The Drishti Beats logo, Drishti Beats, and other Drishti Beats trademarks, program marks, graphics, and logos used in connection with Drishti Beats are trademarks or registered trademarks of Drishti Beats LLC. in the U.S. and/or other countries. Other trademarks, program marks, graphics, and logos used in connection with Drishti Beats may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Termination
If you fail, or Drishti Beats suspects that you have failed, to comply with any of the provisions of this Agreement, Drishti Beats, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to Drishti Beats (or any part thereof).
Drishti Beats reserves the right to modify, suspend, or discontinue Drishti Beats (or any part or content thereof) at any time with or without notice to you, and Drishti Beats will not be liable to you or to any third party should it exercise such rights.
Disclaimer of Warranties; Liability Limitation
Drishti Beats does not guarantee, represent, or warrant that your use of Drishti Beats will be uninterrupted or error-free, and you agree that from time to time Drishti Beats may remove certain parts of Drishti Beats for indefinite periods of time, or cancel certain parts of Drishti Beats at any time, without notice to you.
In no case shall Drishti Beats, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of Drishti Beats or for any other claim related in any way to your use of Drishti Beats, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via Drishti Beats, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Drishti Beats’s liability shall be limited to the extent permitted by law.
Drishti Beats shall use reasonable efforts to protect information submitted by you in connection with Drishti Beats, but you agree that your submission of such information is at your sole risk, and Drishti Beats is hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Drishti Beats does not represent or guarantee that Drishti Beats will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Drishti Beats disclaims any liability relating thereto.
Waiver and Indemnity
By using Drishti Beats, you agree, to the extent permitted by law, to indemnify and hold Drishti Beats, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of Drishti Beats, or any action taken by Drishti Beats as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Drishti Beats, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to Drishti Beats, or to take any other action during the investigation of a suspected violation or as a result of Drishti Beats’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
Changes
Drishti Beats reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of Drishti Beats. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of Drishti Beats will be deemed acceptance thereof.
Miscellaneous
This Agreement constitutes the entire agreement between you and Drishti Beats and governs your use of Drishti Beats, superseding any prior agreements between you and Drishti Beats. You may also be subject to additional terms and conditions that may apply when you use affiliate programs, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Drishti Beats’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Drishti Beats will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Drishti Beats is operated by Drishti Beats from its offices in the United States. You agree to comply with all local, state, federal, national land international laws, statutes, ordinances, and regulations that apply to your use of Drishti Beats. All transactions on Drishti Beats are governed by Colorado law, without giving effect to its conflict of law provisions. Your use of Drishti Beats may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Drishti Beats or relating in any way to your use of Drishti Beats resides in the courts in the State of Colorado. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Colorado upon electronic transmission to the recipient. No Drishti Beats employee or agent has the authority to vary this Agreement.
Drishti Beats may notify you with respect to Drishti Beats by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Drishti Beats website. Notices shall become effective immediately.
Drishti Beats reserves the right to take steps Drishti Beats believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Drishti Beats has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Drishti Beats believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Drishti Beats’s right to cooperate with any legal process relating to your use of Drishti Beats and/or a third-party claim that your use of Drishti Beats is unlawful and/or infringes such third party’s rights).
TO AGREE TO THESE TERMS, CHECK THE BOX “I have read and agree to Drishti Beats terms and conditions *”. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “PLACE ORDER” AND EXIT THE SITE.