Terms and Conditions of Service

Introduction

Welcome, these are the Terms and Conditions of Service (subsequently referred to as the “Terms”) created for the website situated at www.sirabcp.com (subsequently referred to as the “Site”), counting the version optimized for mobile devices. These given Terms will complement our Privacy Policy (the “Policy”), available for consultation here, and any other guidelines, terms and policies made accessible by us from time to time, incorporated herein by reference.

The Site is proudly controlled to you by SIRABCP Inc, hereinafter referred to as “SiRA”, and also ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, which shall refer to SiRA and/or its affiliates, assignees, successors and/or brands.  Herein, the following terms: ‘you’, ‘yourself’, and/or ‘your’, will be used to refer to you, a visitor/browser or user of our aforementioned Site, whether or not previously registered with an account.  If you go on to browse, access and utilize this Site, you hereby accept and acquiesce to being held accountable and under the Terms  presented here which, together with our Policy, will govern SiRA’s link with you in relation to the Site and any products and services offered thereby (together, the “Service(s)”).

Updates

SiRA reserves the right to transform, amend, suspend, end, improve, update or otherwise modify the Services and Site, at any time and without previous notice.  Any changes to these Terms will be displayed in the Site.  Please submit to the last effective date where changes were last undertaken by us.  Any use of the Services after the effective date of any update indicates your acceptance.

Services

SiRA is a company that provides short videos of Aerial (Fly) Yoga exercises for both adults and kids, together with detailed class plans in .pdf format files of how to convey one hour class based on those exercises to your family.  Some of our videos and plans are free to see and use through our free subscription, while others are accessible through paid subscription.  We offer three subscription tiers:

  1. Free Membership plan – home usage.
  2. Premium Membership Plan
  3. Lifetime membership plan.

These subscription tiers permit our users great flexibility regarding budgeted cost and expected outcome.  We may also include other functionalities from time to time.  The Site’s accessibility to the user is solely provided for the user’s personal, non-commercial use, any representative third party use or beneficiary user is prohibited.  In order to use some or all of the functionalities and Services, you will need to register for an account.  You are only answerable for the activity that occurs under your account and for keeping your password safe and confidential.  You must inform us immediately of any change in your eligibility to use the Services, or if you suspect a breach of security or unauthorized use of your account.

Fees

No fees are due for our free subscription content tiers.  Once you select a paid monthly subscription tier, you will be billed each month, and you can always abandon your trial phase. For other products you will be charged with one time payment. Since we sell downloadable digital products, once you get access to the purchased product it can not be returned. Therefore, as a general rule, no refunds will be made, even if you cancel before the end of a monthly subscription period or decided.  You agree to pay SiRA any and all appropriate fees during each calendar month period.  SiRA reserves the right to offer new fees, tiers and pricing, or to modify the existing ones, by providing you with thirty (30) days previous notice.  If you do not agree to any modifications thereof, you will always have the right to cancel your, but you will still be charged for the remaining monthly period, during which you will still be able to access our Services.

Prohibited activities

As our user, you acquiesce to not to, and will not facilitate, motivate or carry out, the access or use of the Site in order to:

  1. Disobey these Terms, or allow, support or assist others to do so.
  2. Infringe on and/or plagiarize the privacy rights or intellectual property rights of any third party, including, rights of publicity or proprietary right.
  3. Post, dispense, or likewise make accessible any content that: (i) breaches or jeopardizes the intellectual property rights of any person (e.g. moral rights, trademark, trade secret, ancillary rights, copyright, or other); (ii) facilitates or supports any action that may endorse or instigate discrimination, harm, racism, libel, hatred or violence in opposition to any group or individual; (iii) cause risk to underage persons and children; (iv) is or may pertain  a criminal or capital transgression  or likewise impinge on any applicable rule of law; and/or (v) is or can be deemed to be threatening/defamatory, obscene, plagiarized, pornographic or analogous material.
  4. Transfer, collect, obtain, accept, or circulate any identifiable personal information of any individual without due approval from the title holder.
  5. Use any automated or manual process to acquire, copy, process, access and/or use our Services or any part there from to capture unauthorized data or content, for any reason.
  6. Propagate any type of computer viruses, worms, trojan horses or other items of similar nature.
  7. Otherwise reverse engineer, decompile or extract the proprietary code of the Site.

Any violation of these provisions may result in the instantaneous termination of your access to the Site and our Services, without refund or compensation on our part.

Intellectual Property

The copyright, trademarks, trade names, service marks, and other proprietary and intellectual notices exhibited on the Site belong to SiRA, or are authorized or licensed to SiRA or its affiliates or licensors , and are protected under intellectual and proprietary rights in the United States of America, Israel and other jurisdictions throughout the world.  Respective title holders may or may not be associated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to give you any right transfer or interest in the Site or our Services, as whole or in part.

You accept and acquiesce that any and all infringing use or use of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers severe damage, which may not be alleviated only at law, and therefore our affiliates, licensors or content providers may pursue cure for infringement of these Terms, either through an injunctive order or other equitable redemption. .

Licenses

By posting or displaying any information, content or material on the Site or providing any user generated content to SiRA, you grant an irreversible, long-lasting, worldwide, royalty-free and sub-licensable license to SiRA, in order for to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of such user generated content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be advantageous to the operation of the Site and the provision of any Services.  You represent, confirm and warrant to SiRA that you have all the rights, power and authority essential to grant the above license.  You also represent and warrant to SiRA that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to SiRA as set forth herein.

Third party links

Periodically, hyperlinks to other sites may be incorporated within our Site and Services.  No endorsement of third party websites is implied by the presence of such links (or their products and services).  These links are for your private convenience and to provide you with more information which may be of interest to you.

We do not consistently review the availability, pricing, information, or operational ability of the aforesaid links, along with their linked products and services, and they will not necessarily be fault free or readily available or operate as per your purposes. We deny making any promotion or warranty, whether explicit or implicit, in relation to any third party websites (or their products and services).  Stock photos are only for illustrative purposes, and some or all of these images and other content presented on the Site are licensed and/or bought; therefore, they may not accurately depict the appearance and form of a particular item, service or product.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be modified to the content the Site, and the nature and extent of such advertising by us is subject to change without previous notice.  Please refer to our Policy for information about certain advertisement opt-out and privacy rights.

The Site may allow you to subscribe to or newsletter service, which may be provided by us or through an authorized third party.  Through our newsletter, you may receive information according to your user preferences.  As our user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you.  If you desire to unsubscribe, you will find ‘unsubscribe’ and alike links on our electronic communications, and also in your account preferences.

Digital Millennium Copyright Act (‘DMCA’) Notice

For DMCA Takedown Notices and suspected intellectual property rights violations within the Site, you can contact us via information in our contact section.  Your claim must be notified with subject: “Takedown Request”.  Once received, SiRA will consider and reflect your claim and, if it suggests or has reason to believe that any substance on the Site infringes on another’s copyright, SiRA may remove it, disable or otherwise stop displaying it.  The sole purpose of this procedure is exclusively for notifying SiRA and its affiliates that your copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or of the person on your behalf (next of kin) or the title holder; (ii) a clear and obvious explanation of the substance  of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury that you have a good faith belief that the information given in your claim is true and accurate.

No Warranty

Neither SiRA, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by SiRA or its employees, affiliates, contractors and/or agents show guarantee has been provided.  The Site has not been completely tested in all situations or devices, and that the Site may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

Neither SiRA nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry.  The functions and results displayed within the Site may or will vary, without prior notice or without any notice at all; it is because they rely on a number of factors that are not under SiRA’s control. Utilization of any information and/or materials on this Site is totally at your own risk, for which we shall not be apprehended legally responsible.

Disclaimer of Damages

To the degree allowable under applicable law, the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and usage is on your own risk.  No spoken or written advice provided by SiRA, its affiliates, patrons, agents, officers, licensors, distributors and/or any authoritative representative, shall create any obscure warranty.  The entire risk of reasonable quality and performance resides with you.  SiRA, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim any and all express, implied or constitutional warranties, either by statute, common law, tradition, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Most of the activities undertook via or Services are done on hammocks suspended from a ceiling, with your body suspended in the air.  You must hire a qualified, certified professional in order to install the hammocks.  You must not install them yourself, not try to calculate weight resistance, materials or tools needed thereto.  We do not offer installation services.  The certified contractor you hire must calculate the tools, materials, location, resistance and weigh tolerances required for use of the hammock with an able bodied adult.  Due to its own nature, it is very likely that you will fall from the hammock if the exercises are not done properly, thus you will be responsible that all peoples in your class to doing the exercises according to the instructions. Please hold the hammock with both hands were appropriate and never release your hands if not feeling safely and not according to the instructions. In addition, you must ask your contractor to install it so you are only as separated from the floor as necessary.

You will be ultimately responsible that everybody in your lesson is doing it correctly and SiRA will of course not have any responsibility whatsoever.  If you follow our videos using a yoga hammock that was not purchased on our Site, we will not guarantee that any exercises will be able to be performed.  Any yoga hammock purchased via our Site is not manufactured by us, but sourced from authorized third parties, which offer their own warranty.

The content on the Site and, in general, the Services such available information in any of SiRA’s properties is not a substitute for direct, personal, professional medical care and/or diagnosis.  You bear sole responsibility for your own health and exercise research and decisions.  None of the yoga recommendations from the Site should be performed or otherwise used without previous clearance from your certified trainer or physician or health care provider. The information contained within the Site, including any videos, is not intended to provide specific physical or health advice, and is only for reference.

For people in adverse health or with pre-existing physical or mental health conditions, there may be risks linked with the yoga programs, activities recommendations displayed on the Site (if any).  Due to the existence of these risks, you should not implement any yoga plans displayed if you are in poor health or have a pre-existing mental or physical health conditions.  Neither SiRA nor its affiliates are accountable for any injuries or health problems you may incident as a result of implementing any of the aforementioned yoga recommendations, and its products and services are not planned to treat, cure or stop any kind of illness or medical condition.  If you choose to follow any of the aforementioned yoga plans and programs (if any), you do so of your own free will and accord, knowingly and voluntarily accepting all risks linked with such activities.  Accordingly, you hereby accept and agree that neither SiRA nor its affiliates have any responsibility to review your mental and/physical health and/or status.  These dangers may also be present for those who seem that have good health.  You must discuss with your doctor before implementing any physical activity plan or program, without exception.

Limitation of Liability

In no event shall SiRA, its affiliates, customers, agents, officers, licensors, distributors and/or any authorized third party, be held accountable for any special, indirect, incidental or consequential damages, counting losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, together with but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, supplementary, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not SiRA, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

In no event, shall SiRA’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$100.00 (One Hundred United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.

Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be appropriate exclusively to the extent that any precise provision of this limitation of liability is forbidden by any federal, state, or municipal law, which cannot be pre-empted.

Generals

Assignment. These terms will inure to the profit of any successors of the parties.

Content Moderation. SiRA hereby reserves the right, at its only and final discretion, to review any and all content conveyed into the Site, and use moderators and/or any monitoring technology to flag and remove any user generated substance or other content deemed unsuitable.

Equitable remedies: You hereby admit and agree that if these Terms are not specially enforced, SiRA will be irreparably damaged, and therefore you agree that SiRA shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in accumulation to any other accessible remedies.

Eligibility.  Users under the age of eighteen (18) may use the Site with the consent of their legal guardians, but are otherwise forbidden from providing SiRA with personally identifiable information of persons under the age of thirteen (13).

Force Majeure. SiRA shall not legally responsible for any collapse of performance on its obligations as set forth herein, where such failure arises from any cause beyond SiRA’s logical control, counting but not limiting to, electronic, power, mechanic or Internet collapse.

No Waiver. Collapse by SiRA to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and SiRA are self-sufficient contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is planned or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be adapted to reflect the parties’ aim.  All left over provisions of these Terms will remain in full force and effect.

Payments. We implement certain third-party payment processors in order to bill you for any subscriptions through the Site, and the processing of such payments will be subject to the fees, terms, conditions and privacy policies of such third parties.

Applicable Law. Your utilization of the Site herein and any grounds for dispute, claim and/or action caused that might take place between the parties hereon, shall be accountable to the rule of law of Israel, with no credence to conflict of law principles.

Forum. You agree that any argument arising from or linking to these Terms will be heard only by a court or tribunal of competent jurisdiction in Israel.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in our contact page: www.sirabcp.com/contact.

 

Date of last effective update is June 14, 2018.

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