VANESSA NAJA TERMS OF USE


(Effective as of 01/23/2024)

State Of California Rev. 123D879 
VANESSA NAJ A  TERMS OF USE
  (Effective as of 01/23/2024)            GENERAL   Welcome to the Vanessa Naja website that provides Users a reliable platform to find the ideal Body/Mind/Spirit Alignment, Dance, and related fitness training offered through Vanessa Naja, including Yoga, Pilates, Meditation, Aerobics, Transformational Breathwork, Human Design in all of its forms. The following Terms of use apply when you view or use the Vanessa Naja website or any services Vanessa Naja offers in person, on any online platform and via www.vanessanaja.com   Please endeavor to review the following terms carefully.  By accessing or using the Vanessa Naja platform or any services she offers, you signify your agreement to these Terms and Conditions.  If you do not agree to these Terms, you may not access our website or use the Vanessa Naja platform or Services.     Your access to and use of this website, any services Vanessa Naja offers in person or online, as well as all related websites operated by Vanessa Naja, (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Vanessa Naja Site and engaging with any of her services in person or online, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and Vanessa Naja and the Vanessa Naja website are superseded and of no force or effect:   INTRODUCTION  
  1. You agree that the Vanessa Naja Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Vanessa Naja, subsidiaries, consultants, affiliates and employees (the “Company”) and are the property of the Vanessa Naja and/or its third party providers. 
  2. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. 
  3. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Vanessa Naja.
  PRIVACY POLICY   Vanessa Naja respects the privacy of all its website users.  We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.   We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.   Our Terms of Use and Privacy Policy comply with US, & UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR). The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org    Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.   Please also refer to the Vanessa Naja Privacy Policy page, which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Vanessa Naja website or services, you signify your agreement to Vanessa Naja Privacy Policy.   REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE VANESSA NAJA SERVICES AND WEBSITE   You need to be at least 18 years old to register for and use the Vanessa Naja products & website and her services both in person and online. Vanessa Naja content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Vanessa Naja you are representing that you are eighteen (18) years of age or older.   If you are a user who registers with Vanessa Naja website or engages with her services on any online platform or in person to find information, about Body/Mind/Spirit Alignment, Dance, and the related fitness training offered through Vanessa Naja, including Yoga, Pilates, Meditation, Transformational Breathwork, Aerobics, in all of its forms and with or without the use of equipment such as blocks, straps, mats or any other equipment that may be suggested by Vanessa Naja, is a strenuous physical exercise.    He/she must have to create a personalized account in our website which includes a unique username and password to access the Vanessa Naja website and to receive promotional messages from Vanessa Naja.   You agree to notify us immediately of any unauthorized use of your password and/or account. However you agree that Vanessa Naja will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.   HEALTH DISCLAIMER   Body/Mind/Spirit Alignment, Dance, and the related fitness training offered through Vanessa Naja, including Yoga, Pilates, Meditation, Transformational Breathwork, Aerobics, in all of its forms and with or without the use of equipment such as blocks, straps, mats or any other equipment that may be suggested by Vanessa Naja, is a strenuous physical exercise. Accordingly, you are urged and advised to seek the advice of a physician before beginning any dance, exercise, Transformational Breathwork, regimen, routine, and/or program and use any suggested equipment, shown or described in any of the video or audio clips on the Website or any other platform including in person events. Vanessa Naja is not a doctor or medical organization and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and or comments relating to the use of moves, equipment, poses, and instruction are not required to be performed by you and are carried out at your election while viewing Vanessa Naja videos or engaging with her in person. Nothing contained in this Website, other online platforms or in person should be construed as any form of such medical advice or diagnosis.   By using this site or any other platform which contains Vanessa Naja content including in person events, you represent that you understand that the practice of belly dance/Pilates, Transformational Breathwork and/or fitness training involves strenuous physical movement and physical and mental exercise, and that such practice carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for practicing belly dance, Pilates, Transformational Breathwork and/or any fitness training. It is your responsibility to ensure that by participating in classes and activities from Vanessa Naja, you will not exceed your limits, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical movements, adjustments and/or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Vanessa Naja or any person or entity involved with Vanessa Naja, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.   USE OF INFORMATION WE COLLECT THROUGH THE USE OF COOKIES   Cookies When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.    They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved.   We use cookies in the following ways:  
  1. To track how you use our website
  2. To record whether you have seen specific messages we display on our website
  3. To keep you signed in our site
  4. To record your answers to surveys and questionnaires on our site while you complete them
  5. To record the conversation thread during a live chat with our support team
  6. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
  7. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
  8. The Vanessa Naja website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.
  If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.   INTELLECTUAL PROPERTY   All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of Vanessa Naja and/or a supplier to Vanessa Naja. No such materials may be used except as provided in these Terms of Use.    All trade names, trademarks, and images and biographical information of people used in the Vanessa Naja Content and contained in the Site, including without limitation the name and trademark Vanessa Naja, are either the property of, or used with permission by, Vanessa Naja. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use.    Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Vanessa Naja and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Vanessa Naja or third party owner.    Vanessa Naja respects the copyright, trademark and all other intellectual property rights of others. The Vanessa Naja has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.    If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify us at info@vanessanaja.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.   LEGAL DISCLAIMER (WARRANTY)   While Vanessa Naja uses reasonable efforts to include accurate and up-to-date information in the Site, any other online platforms and in person, Vanessa Naja makes no warranties or representations as to its accuracy. Vanessa Naja assumes no liability or responsibility for any errors or omissions in the content of the Site, any other online platforms and in person.   When you register with Vanessa Naja and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Vanessa Naja. You consent to receive notices electronically by way of transmitting the notice to you by email.   If you send comments or suggestions about the Site to Vanessa Naja, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Vanessa Naja.    No submission shall be subject to any obligation of confidence on the part of Vanessa Naja. Vanessa Naja shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.   Vanessa Naja shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.   Vanessa Naja will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site. Vanessa Naja PRODUCTS, SERVICES BOTH IN PERSON AND ON ANY ONLINE PLATFORM & WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VANESSA NAJA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR WEBSITE PRODUCTS OR CONTENTS INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.   NEITHER VANESSA NAJA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE OR ANY OTHER ONLINE PLATFORM THAT SHARES HER CONTENT AND IN PERSON SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ANY OTHER ONLINE PLATFORM THAT SHARES HER CONTENT AND IN PERSON.    WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE OR ANY OTHER ONLINE PLATFORM THAT SHARES HER CONTENT AND IN PERSON IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VANESSA NAJA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE OR ANY OTHER ONLINE PLATFORM THAT SHARES HER CONTENT AND IN PERSON, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.    VANESSA NAJA LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR ANY OTHER ONLINE PLATFORM THAT SHARES HER CONTENT AND IN PERSON OR THE VANESSA NAJA TECHNOLOGY OR SERVICES.    YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN;    THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, VANESSA NAJA CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL.VANESSA NAJA DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. VANESSA NAJA SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.   YOU ALSO AGREE THAT:   VANESSA NAJA SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. VANESSA NAJA RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER VANESSA NAJA IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.    VANESSA NAJA ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD VANESSA NAJA DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF VANESSA NAJA. VANESSA NAJA RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR VANESSA NAJA CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. VANESSA NAJA RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER VANESSA NAJA IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.    VANESSA NAJA DOES NOT ISSUE REFUNDS FOR ANY REASON.    IN NO EVENT SHALL VANESSA NAJA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF VANESSA NAJA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.   GENERAL TERMS   If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Vanessa Naja to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.   You agree that any cause of action related to or arising out of your relationship with Vanessa Naja must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.   You agree to indemnify and hold Vanessa Naja and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that  Vanessa Naja may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services.    Vanessa Naja reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Vanessa Naja with such cooperation as is reasonably requested by Vanessa Naja.   The provisions of these Terms of Use are for the benefit of Vanessa Naja, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.   YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT VANESSA NAJA TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT OF IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.   GOVERNING LAW   This agreement shall be governed by and construed in accordance with the laws of the State of California, and any country law, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Alameda County, California and your present location of using this website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.   REVIEW OF THE TERMS OF USE   These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.   COPYRIGHT LICENSE   Copyright (c) 2020(s) of first publication Vanessa Naja Subject to the express provisions of these terms of use  
  1. We, together with our licensors, own and control all the copyright and other intellectual property rights in Vanessa Naja website and the material on our website; and
  2. All the copyright and other intellectual property rights in Vanessa Naja website and the material on our website are reserved.