Terms & Conditions

Welcome to Sivana East. Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, Sivana East. By continuing to use us, or by submitting content for publication on Sivana East, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: SivanaEast.com.

TERMS AND CONDITIONS

Welcome!

The material appearing on this website https://www.sivanaeast.com/ (this “Site”), is provided as information about Babaji Central Company LLC and as its online operational platform. The Site includes all text, photographs, graphics, video and audio content. The owner of this Site, Babaji Central Company LLC and its directors, agents, employees and affiliates (known as Sivana, Sivana Spirit, Sivana East, collectively “Sivana”) assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.

Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendations provided on this Site is at your own risk.

TERMS OF USE

These Terms of Use (“Terms”) were last updated on July 29, 2019.

These Terms apply to all your activities on the Sivana website, the Sivana mobile applications, and other related services (“Services”).

If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Sivana through binding arbitration and you waive certain rights to participate in class actions.

1. Account. You need an account for most activities on the platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.Sivana will not intervene in disputes between users who have shared account login credentials. You must notify us immediately if you suspect that someone may be using your account without your permission. Users must be at least 18 years of age to create an account on Sivana and use the Services. If you are younger than 18, you may not set up an account but we encourage you to ask a parent or guardian to help you open an account. If we discover that you have created an account and you are younger than 18 years of age, we will terminate your account.
2. Course Enrollment and Access. When instructors publish a course on Sivana, they grant Sivana a license to offer the course to other users and students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in the course, you are receiving a license to view the course via the Sivana platform and Services. Courses are licensed, not sold, to you. This license does not give you any right to resell the course in any way. You, as a student, have a limited, non-exclusive license to access and view the courses for which you have paid, solely for your personal, non-commercial and educational use. You may not reproduce or redistribute any of the course unless we give you explicit permission to do so in a written agreement. We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point, such as when we must disable the course because of legal or policy reasons. Instructors may not grant licenses to their courses to students directly and any such license shall be void and in violation of these Terms.
3. Payments, Credits, and Refunds. When you make a payment, you agree to use a valid payment method. So long as you are able to access the materials that you have paid for, you will not be entitled to a refund for them. We always deliver with the quality and content of our products and as such, once a purchase is made, you will not be entitled to a refund. You agree to pay the fees for courses that you purchase and you authorize us to charge your debit or credit card or process other means of payment for those fees. When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any course for which we have not received adequate payments. If we believe you are abusing our refund policy, we reserve the right to ban your account and to restrict all future use of the Services.
4. Content and Behavior Rules. You agree to only use Sivana for lawful purposes. You are responsible for all content that you post on our platform. Please keep reviews, questions, posts, courses and other content you upload in line with the law and respect the intellectual property rights of others. We reserve the right to ban your account for repeated or major offenses.
5. Trademark & Copyright. Logos for Sivana are trademarks of Sivana and its affiliates (the “Marks”).  You must obtain written permission from Sivana to use the Marks. All materials created by Sivana on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Sivana. The contents of this Site are all copyrighted by Sivana, unless otherwise noted.  You must obtain written permission from Sivana to use the contents of the Site in any manner not authorized by these Terms.
6. Rights to Content You Post. You retain ownership of the content you post on our course platform and you will always retain ownership for materials you add to our course collection online. We reserve the right to share your content with anyone through any media, including promoting it via advertising. Unless otherwise agreed, you agree that Sivana may from time to time permit users to compile, re-edit, adapt or modify your submission or create derivative works therefrom. Sivana and Sivana’s licensees will be free to display and publish these edited works.
7. Use at Your Own Risk. Anyone can use Sivana to create and publish courses. There is always a possibility of something going wrong on platforms where people interact and post content, and you acknowledge this and agree to use Sivana at your own risk.
8. Sivana’s Rights. We own the Sivana platform and Services, including the website, any other services, and logos and content created by anyone within Sivana. You cannot use the Sivana name or any of the Sivana trademarks, logos, domain names, or other distinctive brand features.
9. Use of Site. Sivana reserves the right to modify or discontinue, temporarily or permanently, the Site with or without notice. Sivana also reserves the right to terminate access to the Site for any reason.
10. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Sivana linked to these Terms or contained on this Site constitutes the entire agreement between you and Sivana relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.  These Terms may not be amended or modified except by Sivana. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms shall continue in full force and effect.  Failure by Sivana to enforce or exercise any provision of these Terms shall not constitute a waiver of that right.  Paragraph headings are for reference only.
11. Site Terms of Use Modifications. Sivana may revise these terms of use for its website at any time without notice. By continuing to use the Site after Sivana modifies the Terms, you are agreeing to be bound by this updated version of these Terms.
12. Limitation of Liability. In no event shall Sivana or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on the Site, even if Sivana has been notified orally or in writing of the possibility of such damage.
13. Governing Law. Any claim relating to Sivana website shall be governed by the laws of the State of California without regard to its conflict of law provisions.  Copyright claims shall be brought in the Federal court having jurisdiction.  If you are an agent or employee of a non-U.S. company whose operations are based in the United States or its territories, you agree that any dispute arising from these Terms will be adjudicated in the proper venue within the United States.
14. Indemnity. As a condition of your use of this Site, you indemnify and hold harmless Sivana and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
15. Contact Us. The best way to get in touch with us is to contact us at east@sivanaspirit.com.

PRIVACY POLICY

This Privacy Policy was last updated on July 29, 2019.

Sivana understands how important your privacy is. This privacy policy (“Privacy Policy”) sets out the privacy policies and practices for Sivana and its subsidiaries and affiliates with respect to how Sivana collects your personal information. It also describes how Sivana maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Sivana via this website, https://www.sivanaeast.com/, and other websites operated or provided by Sivana and various subdomains (collectively, the “Sites”) and other places on the Sites where we may collect your personal information. This Privacy Policy also sets out how you can access certain information that Sivana collect about you.  In this Privacy Policy, “Personal Information” means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws.

If you are located outside of the United States, please note that the information you provide is being transmitted to the United States and will be subject to this Privacy Policy and applicable laws.

Please note that the Sites may contain links to other third-party websites that are not controlled or operated by Sivana. This Privacy Policy does not apply to such third-party websites, and Sivana is not responsible for the content of such third-party websites or the privacy practices of such third parties. Sivana encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.

1. Consent of Collection of Information. By submitting Personal Information to Sivana or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Sivana at east@sivanaspirit.com. You understand that if you withdraw your consent, Sivana may not be able to continue to offer its services and provide its information to you.
2. Children Under 18. The Sites are not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any Personal Information to or on the Sites. Sivana does not knowingly collect Personal Information from children under eighteen (18). If you are under eighteen (18), do not use or provide any information on the Sites or on or through any of its features, register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Sivana learns we have collected or received Personal Information from a child under eighteen (18) without verification of parental consent, we will delete that information. If you believe Sivana might have any information from or about a child under eighteen (18), please contact us at east@sivanaspirit.com.
3. Revisions to this Privacy Policy. Sivana reserves the right, in Sivana’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Sivana will treat your continued use of the Sites following such revision as your acceptance of the revised terms.  All revisions will be posted to the Sites and will apply to any Personal Information collected on or after the date posted. Sivana will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
4. What Personal Information does Sivana collect and how is it processed?
   What do we collect? Sivana collects your name and email address and any other information you submit to us in order to create your profile on our website, not limited to any banking information for us to establish a payment gateway for you. Sivana does not facilitate the banking itself and uses third parties, listed below, to effect any such payments. Newsletter. We will ask for both your name and email address in order to send you our newsletter or e-mails through Klaviyo and SendGrid. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletter is optional. Third Parties. Sivana may work with third party applications in order to provide you with the best services on the Sites. These organizations may collect Personal Information from you in order to provide you with these services including your name and contact information. Specifically, the third parties Sivana works with on the Sites are listed below. We’ve included links to their Privacy Policies to ensure you are comfortable using them.
   Stripe: https://stripe.com/privacy
   Paypal: https://www.paypal.com/en/webapps/mpp/ua/privacy-full
   Klaviyo: https://www.klaviyo.com/privacy
   HotJar: https://www.hotjar.com/privacy
   JustUno: https://www.justuno.com/legal/privacy-policy
   SendGrid: https://sendgrid.com/policies/privacy/
   Wistia: https://wistia.com/privacy
5. How will Sivana use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offer and deliver the products and services you can purchase or subscribe to from the Sites. Specifically,
   a) Your credit card information will not be kept by Sivana but instead by one of the third parties listed in section 4 c) above;
   b) Your name and e-mail address are collected but will not actually be stored on the Sites. Any information captured will be processed through third party websites in section 4 c) above.
   c) If you subscribe to our newsletter your information will be used to send the newsletter to you;
   d) If we send you the Newsletter for marketing purposes, we may use your contact information to send you emails about promotions, special events and other marketing information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
   e) We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance with the service you purchased.
   f) We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, investigate fraud, or respond to a government, judicial or other legal request or to comply with the law;
   g) We may also share certain aggregated, anonymized information with a third-party provider in order to assist us is improving the Sites.
6. Storing Your Personal Information. Sivana’s web server may store your Personal Information when you interact on the Site. Sivana will be happy to delete any of your information it holds upon a written request made by you. Your Personal Information will be safely disposed of by Sivana.
7. We Play by The Rules. The Sites and Sivana abide by all relevant United States federal and state privacy laws in all aspects of our operations. If you’ve got any questions about our legal compliance, feel free to reach out to east@sivanaspirit.com.
8. Do Not Track Signals. Sivana currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
9. Analytics.  The Sites keep the following information from your visits to our webpage: Visitor information to improve our customer engagement which tells us where and when people visit the Sites and how long they stay there; and IP information for website and server security
10. Cookies. The Sites use ‘cookies’ to keep a record of the number of times you’ve visited the Sites and how you interacted with the Sites during each visit. In addition to this, the Sites also use cookies which are not absolutely essential for your use of the Sites. Your continued use of the Sites serves as consent for these cookies.
    a) You might be wondering what a cookie is. Well, it is a small text file that gets sent by the servers of the Sites to your hard drive and can only be read and interpreted by the Sites’ servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
    b) Why do we use cookies? Despite being an awesome word generally, cookies help the Sites understand how you interact while visiting the Sites and what your preferences are and thus can improve your experience on the Sites. If you do not want cookies from the Sites, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Sites, including an inability to use the Sites, but of course, it is your choice to do so.
11. Disclosure of Personal Information. Sivana will NEVER sell or license any Personal Information we collect from you. Sivana is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4 c) above. By purchasing courses offered by Sivana, you agree to be bound to and consent to the provisions of our third parties’ Privacy Policies.
12. Jurisdiction. This Privacy Policy and the use of the Site are governed by the laws of the United States and the State of California. If a dispute arises under this policy, we agree to first resolve it through binding arbitration to take place in the State of California.
13. Your Consent. By choosing to provide Sivana with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any personal information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
14. Protecting Your Privacy. Sivana is committed to protecting your privacy. Security measures, such as using passwords on email servers have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. You are responsible for maintaining the confidentiality of your password.  Online transactions are completed using third party applications outlined in section 4.3 above. Please refer to the third parties’ Terms and Use and Privacy Policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Sivana makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for your use of them.
15. The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to Sivana over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside Sivana’s control.
16. Verifying and Amending Your Personal Information. Sivana tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at east@sivanaspirit.com to advise us of any changes to your personal information. You may request access to the Personal Information held by Sivana at any time or seek to make corrections to it.
17. Resolving your concerns. If you have any questions or concerns about Sivana’s Personal Information collection, use and disclosure practices, please let us know at east@sivanaspirit.com and we will do our best to help you.

INSTRUCTOR TERMS

These Instructor Terms was last updated on July 29, 2019.

When you sign up to become an instructor on the Sivana platform, you agree to abide by these Instructor Terms (“Terms”). As an instructor, you are contracting directly with Sivana.

1. Instructor Obligations. As an instructor, you are responsible for all content that you post, including any and all materials from your course and any promotional or informational materials related to such (“Content”).
   a) You agree to only provide accurate account information, that you own or have the necessary rights, licenses, and consents to authorize Sivana to use your Content.
   b) You ascertain that you have the required qualifications, credentials and expertise to teach and offer the services you offer through your content.
   c) You agree to respond quickly to students and ensure a high quality of service.
   d) You will not post or provide any inappropriate, offensive, racist, hateful, or incorrect content or information, nor will you post any unauthorized advertising or promotional materials, or use the Services of Sivana for any other business other than providing instructional services to students. You will also not engage in any activity that would require Sivana to obtain licenses from or pay royalties to any third party.
2. License to Sivana. You grant Sivana the rights outlined in the Terms of Use to offer your Content and sublicense it to students for the purposes directly or through third parties. This includes the right to modify the Content to ensure accessibility. Unless otherwise agreed, you have the right to remove all or any of your Content from the Services at any time. Sivana’s right to sublicense the rights will terminate 60 days after the Content’s removal regarding new users. However, rights given to students before the Content’s removal will continue and Sivana’s right to use Content for marketing purposes will also continue. We may record your Content for quality control and for the delivery of the Services. You give Sivana permission to use your name, voice, and image in connection with delivering the Services, your Content, or Sivana’s content and you waive any rights of privacy to the extent permissible under applicable law.
3. Trust & Safety. You understand that your use of the Services is subject to Sivana’s approval, which we may grant or deny at our discretion. We reserve the right to remove courses, suspend payouts, and ban instructors for any reason at any time, without prior notice.
4. Indemnification. You hereby fully indemnify Sivana for any legal actions and any damages awarded through any such legal actions or demands, including special damages and attorney fees, which may be brought against Sivana which arise from anything resulting of the materials you create or share through Sivana platforms.
5. Co-Instructors. The Sivana platform allows you to add other users as co-instructors for courses that you manage. By adding a co-instructor or assistant, you understand that you are authorizing them to take certain actions that affect your account and courses. Sivana is not able to advise or mediate any disputes between you and such users.
6. Anti-Piracy. We use anti-piracy vendors to protect your courses from unauthorized use. You hereby appoint Sivana and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for your courses. You can revoke these rights by emailing us at east@sivanaspirit.com.
7. Pricing. You give us permission to share your courses for free with our employees, selected partners, and where needed to restore access to accounts that have previously purchased your course. In working with us, you will have a choice of the following payment split schemes: you can share your courses with Sivana for free, you can earn 25% and Sivana will earn 75%, it can be split 50/50 or you will earn 75% and Sivana will earn 25%. Please confirm your desired relationship upon signing up.
8. Transaction Taxes. If a student purchases a course in a country that requires Sivana to remit transaction taxes, we will collect and remit those transaction taxes. We may increase the price at our discretion where needed.
9. Payments. All revenues received is paid out on the 15th of each month for the previous month. For example, on June 15 you will receive payments for the month of May.
10. Refunds. You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms of Use. Instructors will not receive any revenue if a refund has been granted.
11. Trademarks. You may use our trademarks only where we authorize you to do so.
12. Intellectual Property Ownership. You hereby represent and warrant that any materials on content you share through Sivana is fully owned or legally licensed by you. You will be held solely responsible for any misappropriation of another’s intellectual property through your offerings and fully indemnify Sivana for any actions required or penalties owed, including attorney’s fees, which arise from you using intellectual property which does not belong to you. You will also retain ownership of all intellectual property you post on our course website but understand that once you submit any materials which to our course platforms, you will no longer be able to change those materials. 
13. Changes to Content Once Posted. Please note that once you post any of your content, whether it is articles, yoga videos or any related information or materials to our platforms, you will no longer be able to change or modify it. As such, you hereby warrant and promise that all of the content you post belongs entirely to you and that you have the authority to post your content and that you grant Sivana a non-exclusive and irrevocable license to use your content, including the right to refuse your right to alter or modify the content in any way.
14. Sanctions and Export Laws. You hereby acknowledge that you aren’t restricted from using the Services under US sanctions or export laws. If you become subject to such restrictions, you will notify Sivana within 24 hours, and we will have the right to terminate any further obligations to you.
15. Deleting your Account. You must request to have your account deleted by contacting Sivana email support at east@sivanaspirit.com. Your account will then be deleted within 72 hours. Please note, however, that if a user has purchased your content, that content will still be available to the purchaser, notwithstanding the deletion of your account.