yogaycupcakes.com – Terms of Service
Services. The term Services, as used herein, includes, without limitation, yoga classes and tutorials, meditation tips, meal plans, email services, links, and any other service which may be accessed through any medium or device now known or hereafter developed and available on the Website. You understand and agree that the Services may include certain communications from yogaycupcakes.com, such as service announcements and administrative messages.
Acceptance of Terms.
Changes to Terms. yogaycupcakes.com may change the Terms from time to time. When these changes are made, yogaycupcakes.com will post the revised Terms here. You understand and agree that if you use the Services after the date on which the applicable Terms have changed, your use constitutes acceptance of the updated Terms.
Registration Requirements. To subscribe to Services, receive emails, discounts, and other offers from yogaycupcakes.com, you must register. In order to register, you are required to provide your name and contact information. You agree to (a) provide true, accurate, current and complete information about yourself as prompted byyogaycupcakes.com registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. yogaycupcakes.com may reject or terminate the use of any member name or registered account that it deems inappropriate or inaccurate for any reason.
Account Requirements. You agree to use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your Registration Data, and are responsible for all activities that occur under your member name or account. If you discover or suspect any unauthorized use of your account, you agree to immediately notify yogaycupcakes.com. yogaycupcakes.com may terminate any account that is inactive for an extended period of time, or for any reason at all, in its sole discretion.
Disclosure of Account Information. You acknowledge and agree that yogaycupcakes.com may access, preserve and disclose your account information or Registration Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (e) protect the rights, property or safety of yogaycupcakes.com or anyone else.
Prohibited Conduct. You agree that you will not:
Illegal Conduct. yogaycupcakes.com reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Services or the Website.
Intellectual Property. You understand that all information or materials to which you may have access as part of, or through your use of, the Services or the Website is the sole responsibility of the person from which such information or materials originated. All such information is referred to as “Content.” All such Content, including but not limited to advertisements, logos, sponsored Content, posts, blogs, messages, and third-party links on the Website, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that: (i) yogaycupcakes.com (or its licensors) own all legal right, title and interest in and to the Services and to the Content created by yogaycupcakes.com, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights might exist); (ii) by posting any Content, you grant an irrevocable, non-exclusive, royalty-free license to yogaycupcakes.com to use, reproduce, modify, and redistribute such Content alone, as a party of the Services, or as a part of other works in any form chosen in yogaycupcakes.com sole discretion; and (iii) that yogaycupcakes.com is in no way responsible for, nor shall have any liability related to, any Content which is not created by yogaycupcakes.com. The trademarks, service marks, and trade names appearing on the Website are the common law or registered trademarks of yogaycupcakes.com, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
Contributions. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to yogaycupcakes.com, you acknowledge and agree that:
Digital Millennium Copyright Act. yogaycupcakes.com respects the intellectual property of others, and we ask our users to do the same. yogaycupcakes.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
All notices must contain:
i. A physical or electronic signature on behalf of the copyright owner or claimant;
ii. Specific identification of the work allegedly being infringed;
iii. Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
iv. Complainant’s contact information, including name, address, telephone number, and e-mail address;
v. A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
vi. A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
Third-Party Sites. Some of the Services are provided by third party vendors to yogaycupcakes.com. To the extent that these Services are outside the yogaycupcakes.com control, you acknowledge and agree that these Services constitute third party Content and such websites are subject to the provisions below:
Modification or Cessation of Services. You acknowledge and agree that the form and nature of the Services which yogaycupcakes.com provides may change from time to time without prior notice to you. You acknowledge and agree that yogaycupcakes.com may also stop, permanently or temporarily, providing the Services (or any features) to you or to users generally at yogaycupcakes.com’s sole discretion, without prior notice to you. You agree that yogaycupcakes.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Reporting Violation of Terms of Services. Please report any violation of the Terms to yogaycupcakes.com at firstname.lastname@example.org.
Risks. Participant hereby acknowledge(s) and agrees that participation in any Service is voluntary and solely within the discretion of the participant. Participant also acknowledges and agrees that he/she may not benefit from participation in the Services, may incur or exacerbate known or unknown physical injuries or other risks, now or in the future, and understands that the physical movements associated with yoga may be different from other physical activities that he/she currently knows. Participation in Services may have considerable risks, seen and unforeseen, including without limitation, (i) head or brain injuries; (ii) neck, spinal or vertebral injuries; (iii) injuries to the back, shoulders, knees, or extremities; (iv) increased risk of arterial tear or blockage and blot clots; (v) bone fractures, (vi) joint dislocations or degeneration; (vii) risk of strokes; (viii) muscle or ligament tears; and (ix) injuries caused by contact with another person or object arising from your participation in the Services.
Indemnity. You agree to indemnify and hold yogaycupcakes.com, and its owners, agents, affiliates, employees, representatives, and their successors and assigns (collectively the “Indemnified Parties”) harmless from any claim, demand, damages, judgments, and liabilities, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of or caused by or in connection with, your participation in or use of the Services, Content you submit, post, transmit or otherwise make available through the Services, your connection to the Website or Services, your violation of the Terms, or your violation of any rights of another. You also agree to indemnify and hold the Indemnified Parties harmless from any liability or damages resulting from the use of Content provided through the Services or on the Website, regardless of whether such information was provided by yogaycupcakes.com or a third party. This means that no participant can sue to hold the Indemnified Parties responsible for any injury, loss, or damage sustained by me and other parties, or to my (or others’) property in connection with his/her participation, even if it is due to the negligence, injudicious act, omission, or other fault of Indemnified Parties.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS “AS IS” AND AT YOUR SOLE RISK. IN PARTICULAR, yogaycupcakes.com, ITS AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICES WILL BE FREE FROM INJURY; (c) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN INSTRUCTION OR IN THE OPERATION OR FUNCTIONALITY OF ANY DELIVERY PLATFORM ACCESSED BY YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL, INSTRUCTION, OR ADVICE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM yogaycupcakes.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. yogaycupcakes.com FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT yogaycupcakes.com, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
Acknowledgment. You acknowledge and agree that (a) you have read and understood the Terms; (b) the Terms are fair and reasonable, and not unduly restrictive; and (c) that you have had the opportunity to confer with legal and financial counsel of your choosing regarding the Terms.
Survival. In the event of termination of this Agreement, the provisions regarding Disclosure of Account Information, Illegal Conduct, Intellectual Property, Contributions, Third-Party Sites, Risks, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.