Terms of Use Agreement
Section 1 - Introduction / Description of Services /Acceptance of Terms of Use
YogaTag, Inc. (“YogaTag” or “We”) operates YogaTag.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with friends in the yoga community. The services offered by YogaTag include any YogaTag branded URL (the "YogaTag Website"), and any other features, content, or applications offered from time to time by YogaTag in connection with YogaTag’s business (collectively, the "YogaTag Services"). The YogaTag Services are hosted in the United States.
YogaTag provides the Service to you, subject to the following Terms of Use ("Terms of Use" or "Agreement"), which may be updated by us from time to time without notice to you. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice to you by posting the updated Terms of Use on the Website. By using the Service, you agree to be bound by this agreement whether you are a “Visitor” (a person who browses the YogaTag website) or you are a “Member” (a person who has registered with YogaTag.com).
If you do not agree to abide by these or any future Terms of Use, or the YogaTag Privacy Policy or any other policy herein included you should not use or access the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.
In addition, when using particular YogaTag.com services, you may be subject to guidelines or rules or additional terms and conditions (which may be posted from time to time and modified without notice to you from time to time) applicable to such services and which are hereby incorporated by reference into the Terms of Use. YogaTag.com may also offer other services that are governed by different terms and conditions.
You understand and agree that the Service:
(a) may include advertisements necessary for YogaTag to provide the Service; and
(b) may include certain communications from YogaTag, such as service announcements and administrative messages that are considered part of the YogaTag membership, and that you cannot opt out of receiving them.
Unless explicitly stated otherwise, any new features that broaden or improve the current Service are subject to the Terms of Use.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
If you wish to become a YogaTag.com Member (a "Member") and access and make use of the Service, you must read this agreement and indicate your acceptance of its terms by following the instructions on the Sign Up page, and checking the box labeled "I agree to YogaTag's Terms of Use."
These Terms of Use apply to all Users, Visitors or Members of the Service.
Section 2 - Eligibility Requirements
Use of the Website and membership in the Service is void where prohibited.
We may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in our sole discretion, with or without notice, including without limitation if you have violated any of these Terms of Use.
Section 3 - Registration Requirements and Account Security
In order to access most features of the Service, you will need to become a member of YogaTag.com by creating an account. You may never use another person's account without permission. You are solely responsible for the activity that occurs on your account. During registration, you will submit a valid email address and password. Upon successful registration for the Service, you will receive an account designation. You agree to (a) immediately notify YogaTag of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. YogaTag will not be liable for your losses caused by any unauthorized use of your account. You will be solely liable for the losses of YogaTag.com or others due to any unauthorized use of your account.
In consideration of your use of the Service, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain the security of your password and identification; and
(c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete as well as any other information you provide to YogaTag.com.
Section 4 - Privacy Policy
Your personal information is subject to our Privacy Policy. For more information, see our complete Privacy Policy on the Website. You understand that through your use of the Service you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to other countries for storage, processing, and use by YogaTag in order to provide the Service.
Section 5 - Term
This Agreement shall remain in force and effect while you use the YogaTag Services or are a Member. You may terminate your membership at any time, for any reason by following the instructions as provided on your Member Account Setting YogaTag may terminate your membership because you have breached the Terms of Use Agreement, you shall not be entitled to the refund of any unused portion of subscription. Even after Membership is terminated, this Agreement will remain in effect. See Section 25 below for a list of provisions of this Agreement that will survive the termination of your membership.
Section 6 - User submitted/posted Content
The Service may now or in the future permit the submission of communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, YogaTag does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize YogaTag to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated in these Terms of Use and by the Service; and
(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated herein and by the Service.
By submitting the User Submissions to YogaTag, you hereby grant YogaTag a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and YogaTag's business, including without limitation, for promoting and redistributing part or all of the Website in any media formats and through any media channels.
In connection with User Submissions, you further agree that you will not:
(i) publish falsehoods or misrepresentations that could damage YogaTag or any third party;
(ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iii) post advertisements or solicitations of business unrelated to yoga; or
(iv) impersonate another person.
YogaTag does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YogaTag expressly disclaims any and all liability in connection with User Submissions.
You understand that when using the Service, you may be exposed to User Submissions from a variety of sources, and that YogaTag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and, to the fullest extent permitted under applicable law, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YogaTag with respect thereto, and agree to indemnify and hold YogaTag, its owners and operators, and/or its licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
Section 7 - User, Visitor or Member Conduct
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, User Submissions and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not YogaTag, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. YogaTag does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YogaTag be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree not to harvest or collect email addresses or other contact information of users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any other purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service. In addition, you agree not to use the Service to:
(a) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(b) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(d) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(e) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, Social Insurance Numbers and credit card numbers;
(f) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(g) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) intimidate or harass anyone;
(i) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(j) use or attempt to use another Member's account, service or system without authorization from YogaTag, or create a false identity on the Service; or
(k) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of YogaTag, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose YogaTag, Members or users of the Service to any harm or liability of any type.
Section 8 - Changes to product
YogaTag reserves the right to modify or discontinue, at any time and for any length of time or permanently, the Service (or part thereof) with or without notice. You agree that YogaTag will not be liable to you or to any third party for any modification or temporary or permanent discontinuance of the Service.
Section 9 - Termination of Access to Services and Recycling of Accounts
YogaTag, in its sole discretion, may terminate your account or any part thereof, including your use of the Service, and remove and discard any User Submission or Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if YogaTag believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use, (c) requests by law enforcement or other government agencies, (d) a request by you for deletion, (e) discontinuance or material modification to the Service or any part thereof, (f) unexpected technical or security issues or problems, (g) in compliance with legal processes, (h) if you have, or we believe you have, engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by you in connection with the Service. You acknowledge and agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice and that YogaTag may immediately deactivate or delete your account and all related Content associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that YogaTag is not liable to you or any third party for termination of your account or access to the Service. If your account or access is terminated, you understand and agree that it is solely your responsibility and obligation to notify others that you no longer can be contacted through the account or the Service. You expressly acknowledge and agree that you, and not YogaTag, are solely responsible for the receipt of any correspondence erroneously directed to you at a terminated account, including without limitation such correspondence sent to an account with an ID that has since been adopted by another user or member.
Section 10 Compliance with Local Laws
You agree to comply with all local rules and laws regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Section 11 - YogaTag Intellectual Property/ Trademarks
YogaTag, the YogaTag logo, the YogaTag slogan and other YogaTag graphics, logos, designs, page headers, button icons, scripts and service names (collectively, the "Marks") are registered trademarks, trademarks or trade dress of YogaTag. Marks may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YogaTag.
Section 12 - Infringement of Intellectual Property
YogaTag respects the intellectual property of others and does not condone infringement of intellectual property rights on the Service, in User Submissions or in Content, and will remove any Content if properly notified that such User Submission or Content infringes on another's intellectual property rights. YogaTag reserves the right to remove User Submissions or other Content at any time, without prior notice and at its sole discretion. YogaTag may, at its discretion and without prior notice, disable or terminate accounts of users or Members who infringe another's intellectual property rights.
If you believe that your intellectual property has been infringed, please provide YogaTag with the following information in writing:
(a) a description of the intellectual property that you claim to be infringed;
(b) a description of the location of the material that you claim is infringing;
(c) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the intellectual property or its agent and is not otherwise authorized by law;
(d) your address, telephone number and email address;
(e) a statement by you that that the above mentioned information is accurate and that you are the intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
(f) your signature.
Such claims of intellectual property infringement can be sent to:
YogaTag Inc.
PO Box 515381 #6740
Los Angeles, CA 90051-6681
Attention : Infringement Manager
Email : infringement@yogatag.com
Section 13 - User / Member Disputes
You are solely responsible for your interactions with other users or Members of YogaTag. We reserve the right, although we have no obligation, to monitor disputes between you and other users or Members. YogaTag in it’s sole discretion may decide to take action consistent with the Terms of Use including the termination of the membership of one or more Members accounts.
Section 14 Links to External Websites
The Service may contain links to third party websites that are not owned or controlled by YogaTag. YogaTag has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YogaTag will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve YogaTag from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the YogaTag Website and to read the terms and conditions and privacy policy of each other website that you visit.
Section 15 - Disclaimers
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
We are not responsible for the conduct, whether online or offline, of any Member or other user of the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Website or transmitted to Members or other users, or any interactions between or among members or other users of the Service, whether online or offline.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user or Member of the Service, or any other person, related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "as-is" and, except as otherwise prohibited by applicable law, we expressly disclaim all warranties, representations and conditions of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Service shall create any warranty.
Section 16 - Limitation on liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of the membership. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Service, even if we have been advised of the possibility of such damages.
Section 17 - Governing law; Forum
By visiting or using the Website and/or using the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern the Service and any dispute of any sort that might arise between you and YogaTag. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the courts of California, including the federal courts applicable therein, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of California.
Section 18 - Disputes
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and YogaTag agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the YogaTag Services.
Section 19 – Indemnity
You agree to indemnify and hold YogaTag, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the YogaTag Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the YogaTag Services causes YogaTag to be liable to another.
Section 20 - Statute of Limitations and Prescription
You agree that regardless of any statute or law to the contrary, any claim or cause of action against YogaTag arising out of or related to use of the Service or any of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred and prescribed.
Section 21 - No agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Service.
Section 22 - Notice
All notices to be sent pursuant to these Terms of Use, unless otherwise indicated, shall be in writing and shall be delivered:
(a) if to you, at the email address or other contact information which you provide us upon registration or as updated by you from time to time (such notice to be deemed received by you on the date sent); and
(b) if to us, by registered mail, courier or facsimile to:
YogaTag Inc.
PO Box 515381 #6740
Los Angeles, CA 90051-6681
Attention : Notification Manager
Fax : 702-920-8343
Section 23 - Survival
The terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 5 (Term), Section 6 (User submitted/posted Content), Section 13 (User/Member Disputes), Section 15 (Disclaimers), Section 16 (Limitation on Liability), Section 17 (Governing Law; Forum), Section 20 (Statute of Limitations and Prescription), and this Section 23 (Survival).
Section 24 - Severability
If any provision in this Agreement shall be found to be invalid or unenforceable under any applicable law, the remaining provisions shall continue in full force and effect.
Section 25 - Entire Agreement
These Terms of Use constitute the entire agreement between you and YogaTag and govern your use of Service, superseding any prior agreements, oral or written, between you and YogaTag with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain goods or services from YogaTag or third parties.
Section 26 - Further Assurances No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to this Agreement.
Section 27 - Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YogaTag without restriction.
Section 28 - Disclosure
We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service or of any YogaTag-related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Section 29 - Questions?
If you would like further information, or have any questions, comments or concerns about the Service, please feel free to contact us at:
YogaTag Inc.
Email : info@YogaTag.com