Terms of Service - Acceptance of Terms
These Terms of Service (TOS) govern your access to and use of the various services on the www.yogavirtuoso.com website (YV SITE), and any information, text, graphics, software, or other materials uploaded, downloaded or appearing on the YV SITE (collectively referred to as “CONTENT”). Your access to and use of the YV SITE is conditioned on your acceptance of and compliance with these Terms. By accessing or using the YV SITE you agree to be bound by these Terms. If you do not wish to be bound by these Terms, please do not access, browse, or use the YV SITE.
Description of Services
YV SITE provides users with access to a rich collection of resources, including without limitation various communications tools and services (SERVICES).
All YV SITE SERVICES are provided “as is” and “as available” without warranty of any kind. You understand that the technical processing and transmission of the YV SITE, including any CONTENT you provide to us, may involve transmissions over various networks.
You agree that you must evaluate, and bear all risks associated with, the use of any CONTENT, including any reliance on the accuracy, completeness, or usefulness of such CONTENT. In this regard, if you use the YV SITE, then you acknowledge that you may not rely on any CONTENT created by YV SITE or submitted to YV SITE.
No advice or information, whether oral or written, obtained through the YV SITE, will create any warranty not expressly made herein.
Your Registration Obligations
In consideration of your use of the YV SITE, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the YV SITE under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the email, contact and support forms found on the YV SITE.
If you provide any information that is untrue, inaccurate, not current or incomplete, or YV SITE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then YV SITE has the right to suspend or terminate your account and refuse any and all current or future use of the YV SITE (or any portion thereof). YV SITE is concerned about the safety and privacy of all its users, particularly children. For this reason, YV SITE will not knowingly interact with a child under the age of 13 years old.
Under no circumstances will YV SITE be liable in any way for any CONTENT, including, but not limited to, any errors or omissions in any CONTENT, or any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed, transmitted or otherwise made available via the YV SITE.
You agree to not use the YV SITE to:
(a.) upload, post, email, transmit or otherwise make available any CONTENT that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b.)harm minors in any way;
(c.) impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity;
(d.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any CONTENT transmitted through the YV SITE SERVICE;
(e.) upload, post, email, transmit or otherwise make available any CONTENT that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f.) upload, post, email, transmit or otherwise make available any CONTENT that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g.) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h.) interfere with or disrupt the YV SITE or servers or networks connected to the YV SITE, or disobey any requirements, procedures, policies or regulations of networks connected to the YV SITE, including using any device, software or routine to bypass our robot exclusion headers;
(i.) intentionally or unintentionally violate any applicable local, state, national or international law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(k.) "stalk" or otherwise harass another;
(l.) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a.) through (l.) above.
You acknowledge that YV SITE may or may not pre-screen CONTENT, but that YV SITE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any CONTENT that is available via the YV SITE. Without limiting the foregoing, YV SITE and its designees shall have the right to remove any CONTENT that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that YV SITE may access, preserve and disclose your personal information and CONTENT if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any CONTENT violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of YV SITE its users and the public.
You understand that the YV SITE and software embodied within the YV SITE may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by YV SITE and/or CONTENT providers who provide CONTENT to the YV SITE. You may not attempt to override or circumvent any of the usage rules embedded into the YV SITE. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the YV SITE, in whole or in part, is strictly prohibited.
All right, title, and interest in and to the YV SITE are and will remain the exclusive property of the YV SITE and its licensors. The SERVICES are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the TOS gives you a right to use the Yoga Virtuoso name or any trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the YV SITE and the Yoga Virtuoso Applications (APPS) is entirely voluntary.
The YV SITE may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that YV SITE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any CONTENT, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that YV SITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such CONTENT, goods or services available on or through any such site or resource.
Limitation of Liability
You expressly understand and agree that YV SITE and its publishers, owners, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YV SITE has been advised of the possibility of such damages), resulting from; (a) the use or the inability to use the YV SITE SERVICE; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmission or data; (d) statements or conduct of any third party on the YV SITE SERVICE; or (e) any other matter relating to the YV SITE SERVICE.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the YV SITE, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Termination of Your Access to SERVICES
You agree that YV SITE, in its sole discretion, may terminate your access to any of the SERVICES, and/or remove, discard or modify any CONTENT within the YV SITE, for any reason, including, without limitation, if YV SITE believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. Termination of your access to the YV SITE may be effected without prior notice. YV SITE shall not be liable to you or any third party for the discontinuation or termination of your access to the SERVICES. If YV SITE terminates your license to access the SERVICES, your obligations under this Agreement will survive such termination.
Modifications to YV SITE
YV SITE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the YV SITE (or any part thereof) with or without notice. You agree that YV SITE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the YV SITE (or any part thereof).
Waiver and Sever-ability
The failure of YV SITE to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.
Controlling Law and Jurisdiction
These TOS and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the YV SITE will be brought solely in the State of Florida and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these TOS on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these TOS and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
You agree that all of the trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and are the property of their respective owners and/or YV SITE. Without YV SITE's prior permission, you agree not to display or use in any manner the YV SITE Marks.
No Other Agreements or Relationship Between Us
You agree that no joint venture, partnership, employment, or agency relationship exists between you and YV SITE as a result of this TOS or your access to and use of the YV SITE.
Limitations of Actions Brought Against YV SITE
You agree that any claim or action by you arising out of your use of the YV SITE or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, you agree that any failure by YV SITE to enforce or exercise any provision of this Agreement or related right, or to object to your breach of the Agreement, shall not constitute a waiver of that right or provision. Similarly, you agree that no statement, action, or inaction of YV SITE, even if you allege that such statement, action, or inaction is inconsistent with this Agreement, will be deemed a waiver or constructive amendment of this Agreement.
You affirm that you are eighteen years of age or an adult of legal age in your country of residence, and are fully able and competent to enter into this Agreement. You agree to abide by the conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Changes to this Agreement
We may revise the TOS from time to time without notice. If you use this YV SITE then you must be bound by the most recent update of the TOS.
Terms of Service updated 14Feb2014
Terms of Service