TERMS AND CONDITIONS

Welcome to YWorkshops, a mobile app with a library of tracks on anything business. The YWorkshops website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the "Service") are owned, operated and distributed by YWorkshops, LLC., (referred to in these Terms of Service as "YWorkshops" or "we" and through similar words such as "us," "our," etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these "Terms of Service"), the terms and conditions of our privacy policy (the "Privacy Policy") and any other legal notices published by us on the Service (collectively, the "Governing Documents"). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of YWorkshops.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of May 28, 2018.
 


Description of Service


The YWorkshops Service allows users to find tracks that they are interested in taking, and allows contributors to find users interested in taking their tracks.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

Copyright, Licenses and User Submissions
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are YWorkshops, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by YWorkshops in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by YWorkshops in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of YWorkshops or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the YWorkshops name or trademarks without the express written consent of YWorkshops.

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as "User Submissions." Whether or not any User Submission is published, it will be subject to these Terms of Service. YWorkshops does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize YWorkshops to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

You hereby grant to YWorkshops a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to YWorkshops by all means and in any media now known or hereafter developed. You also grant to YWorkshops the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against YWorkshops for any alleged or actual infringement or misappropriation of any proprietary right in your communications to YWorkshops.

We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See "Copyrights, Licenses and User Submissions" above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

YWorkshops will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide YWorkshops notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of help@YWorkshops.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
 


Account Terms


The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Service.
You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. YWorkshops will not be liable for any loss or damage from your failure to comply with this security obligation.
Changing Fees
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
 


Rules for All Users

 

When you sign up for the Site, you agree to the following rules:

  • You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
  • Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
  • You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
  • You assume full responsibility for the content of the Service offered.
  • You understand that tracks, videos, tracks and audio materials posted are publicly available to be viewed and accessed by any user.
  • You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • You will not share content from the Service with anyone who is not properly licensed to access the content.
  • You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
  • You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  • You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
  • You will not impersonate any person or entity, including any of our employees or representatives.
  • You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

 

Specific Rules for Contributors

 

When you publish a track on the Site, you agree to the following rules:

  • You will honor any enrollments through YWorkshops.com at the price and time listed in the Service, and not to refuse enrollments or participation by any user for any discriminatory or other illegal reason.
  • You grant us the right to place advertisements on your content at our sole discretion.
  • Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
  • You represent and warrant to YWorkshops that you are qualified to share the content that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
  • You understand that, if you create a track, the users will have the ability to post a review of this track. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
  • You may choose to remove content from your track and will continue to own such content, but we will continue to have the right to use that content and to provide it to users who have paid for or enrolled in your track.
  • You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
  • You agree that you will not submit content to YWorkshops that violates the YWorkshops Community and track Guidelines, which may be occasionally updated.
  • YWorkshops reserves the right to, but is under no obligation, to delete the listing of any track at any time and for any reason.

 

Specific Rules for Users


When you enroll in a track on the Site, you agree to the following rules:

  • You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a track on YWorkshops.
  • You will follow all reasonable rules set by a Contributor with respect to a track, and you will not take any actions to interfere with the Contributor or any other users in the track.
  • You may access track content for your information and personal use only.
  • You will not copy any materials or techniques for purposes of your own or others’ tracks.
  • YWorkshops reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.


Creating or Participating in a Track


Your creation or participation in a track is at your sole risk. YWorkshops does not supervise tracks and is not involved in any way with the actions of any individuals (whether users or contributors) at any track. As a result, we have no control over the identity or actions of the individuals who are present at these tracks, and we request that our users exercise caution and good judgment when participating in tracks. You acknowledge and agree that by participating in any track (whether as a user or contributor) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any track. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE YWorkshops AND EACH OF THE OTHER YWorkshops PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A user OR contributor. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.


YWorkshops Rights


YWorkshops reserves these rights:

We can make changes to the YWorkshops Site and Services without notice or liability.
We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use YWorkshops in that jurisdiction.
We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We have the right to remove a Contributor from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
We have the right to reject, cancel, interrupt, remove, or suspend any track, comment, or other posted comment at any time and for any reason.
YWorkshops is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Disclaimer of Warranties


THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY track THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) users and contributors. You acknowledge that all transactions relating to any track or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY track, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Service or presented at any track represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized YWorkshops spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.

The Tracks offered on YWorkshops are offered directly by the contributors. YWorkshops is not responsible or liable for any information on its Service listings or profiles. YWorkshops is not responsible for any changes made to a track by the contributor.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability


IN NO EVENT SHALL WE OR ANY OTHER YWorkshops PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE,NOR ANY OTHER YWorkshops PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY track OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A user AND contributor.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification


Upon a request by us, you agree to defend, indemnify, and hold us and the other YWorkshops Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Miscellaneous


You agree that the Service shall be deemed a passive interactive service based solely in Oregon and shall not give rise to personal jurisdiction over YWorkshops, either specific or general, in jurisdictions other than Oregon. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of Oregon, without regard to conflicts of law principles. You agree that any legal action or proceeding between YWorkshops and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Portland, Oregon.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and YWorkshops agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: track arbitrations and track actions are not permitted. You understand that by agreeing to the Terms, you and YWorkshops are each waiving the right to trial by jury or to participate in a track action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and YWorkshops concerning the Service and the services provided by YWorkshops. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. YWorkshops's failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. YWorkshops may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between YWorkshops and you will be sent and received electronically. You agree that all electronic communication between YWorkshops and you shall satisfy any legal requirements that such communications be in writing.

Any rights of YWorkshops not expressly granted herein are reserved.