Terms of Service
Terms of Service Updated July 2020
Bagua Internal Arts provides a personalized subscription service that allows our members to access video tutorials, classes, and articles (“Bagua Internal Arts content”) over the Internet to Internet-connected computers and other devices.
You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
As used in these Terms of Use, “Bagua Internal Arts service”, “our service” or “the service” means the personalized service provided by Bagua Internal Arts for discovering and watching Bagua Internal Arts content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
Please take a moment to carefully read through these Terms of Use.
It is our goal to provide you with the best member experience possible, if you have any questions or comments about these Terms, please contact us at admin@baguainternalarts.com (subject line: “TOS Question”).
- Lifetime Access to Courses
Your Bagua Internal Arts Lifetime Access to courses will continue for the lifetime of the Service. If for any reason, Bagua Internal Arts should dissolve or cease to exist, then your access to the Service terminates. To use the Bagua Internal Arts Service, you must have Internet access and an appropriate device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, and which may include payment through your account with a third party. Your payment to courses may have the option to be prorated towards future membership costs.
- Membership
Your Bagua Internal Arts membership will continue month-to-month or year-to-year and automatically renew until terminated. To use the Bagua Internal Arts service you must have Internet access and an appropriate device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the next month’s or year’s membership fees to your Payment Method (see “Cancellation” below). You may also pause your subscription and restart at any time
- $0 Trial
- Your Bagua Internal Arts membership may start with a $0 trial. The trial period of your membership lasts for 30 days, or as otherwise specified during sign-up and is intended to allow new members to try the service.
- $0 trial eligibility is determined by Bagua Internal Arts at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Bagua Internal Arts membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Bagua Internal Arts membership to determine eligibility. For combinations with other offers, restrictions may apply.
- We will charge your Payment Method for your monthly or annual membership fee at the end of the free trial period and your membership will automatically renew monthly or yearly unless you cancel your membership prior to the end of the free trial period. To view the monthly or annual membership price and end date of your free trial period, visit our website and click the “Member Account” link on the “Login” page.
- It is very important to understand that you will not receive a notice from Bagua Internal Arts that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Bagua Internal Arts will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
- Billing and Cancellation
- Billing Cycle. The membership fees for the Bagua Internal Arts service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly or annual basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is canceled. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Member Account” link on the “Login” page and click on the “Subscription” tab to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- Payment Methods. To use the Bagua Internal Arts service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Member Account” link on the “Login” page and click on the “Subscription” tab. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Cancellation. You can cancel your Bagua Internal Arts membership at any time, and you will continue to have access to the Bagua Internal Arts service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched Bagua Internal Arts content. To cancel, go to the “Member Account” link on the “Login” page on our website, click on the “Subscription” tab and click on the “Cancel” tab. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Member Account” link on the “Login” page.
- Pause. You can pause your Bagua Internal Arts membership at any time. You will not have access to the Bagua Internal Arts service during this time. You may un-pause your account at any time to continue your access to Bagua Internal Arts content. To pause, go to the “Member Account” link on the “Login” page on our website, click on the “Subscription” tab and click pause or resume. You may pause and resume any time during your subscription.
- Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Bagua Internal Arts Service
- You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Bagua Internal Arts service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
- The Bagua Internal Arts service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Bagua Internal Arts membership, we grant you a limited, non-exclusive, non-transferable right to access the Bagua Internal Arts service and view Bagua Internal Arts content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- You may view Bagua Internal Arts content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
- The Bagua Internal Arts service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Bagua Internal Arts content.
- You agree to use the Bagua Internal Arts service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on the use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Bagua Internal Arts service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Bagua Internal Arts service; use any robot, spider, scraper or other automated means to access the Bagua Internal Arts service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Bagua Internal Arts service; insert any code or product or manipulate the content of the Bagua Internal Arts service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Bagua Internal Arts service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
- The quality of the display of the Bagua Internal Arts content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. Bagua Internal Arts makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Bagua Internal Arts content show will vary based on a number of factors, including your location, available bandwidth at the time, the Bagua Internal Arts content you have selected and the configuration of your Yoga International ready device.
- Passwords and Account Access
- The member who created the Bagua Internal Arts account and whose Payment Method is charged (the “Account Owner”) has access and control over the Bagua Internal Arts account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Bagua Internal Arts or our partners from identity theft or other fraudulent activity. Bagua Internal Arts is not obligated to credit or discount a membership for holds placed on the account by either a representative of Bagua Internal Arts or by the automated processes of Bagua Internal Arts.
- Disclaimers of Warranties and Limitations on Liability
- THE BAGUA INTERNAL ARTS SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BAGUA INTERNAL ARTS SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BAGUA INTERNAL ARTS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BAGUA INTERNAL ARTS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BAGUA INTERNAL ARTS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Miscellaneous
- Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Colorado, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
- Unsolicited Materials. Bagua Internal Arts does not accept unsolicited materials or ideas for Bagua Internal Arts content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Bagua Internal Arts. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Bagua Internal Arts and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Feedback. Bagua Internal Arts is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Bagua Internal Arts service, including the Bagua Internal Arts website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Bagua Internal Arts service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact Bagua Internal Arts via admin@baguainternalarts.com. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.
- Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
- Changes to Terms of Use and Assignment. Bagua Internal Arts may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided, however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Bagua Internal Arts service.
- Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.