Terms of Use — Yoguely

1. General

(a) By accessing and using the web pages located at the domain yoguely.com and all its subdomains (“Yoguely.com”, “we”, “us”, the “Site”) by you (the “User”) is subject to, and constitutes your agreement to comply with, and acceptance of, these Terms of Use (the “Agreement”), our Privacy Policy, our Cookie Use, our Community Guidelines, our Affiliate Disclaimer, and any additional terms and conditions that may apply to specific sections of the Site.

(b) If you have not already done so, please take some time to familiarize yourself with this Agreement. If you do not agree to the terms and conditions of this Agreement, or if you are dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue any use of the Site.

(c) We reserve the right to change these Terms of Use from time to time. It is your responsibility to check for such updates on this Site. If any change is unacceptable to you, your sole recourse is to discontinue accessing or otherwise using this Site. By continuing use of the Site after we post any such changes shall constitute your acceptance of the Agreement as amended.

(d) This Agreement sets forth the entire agreement between you and Yoguely.com in respect of our services, including our Site, contents, email notifications, and applications (collectively, the “Services”), and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall remain in full force and effect. Any failure by Yoguely.com to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

(e) This Agreement shall enure to the benefit of and be binding upon each of us and our respective representatives, successors, heirs and permitted assigns.

2. Who May Use the Site

Children under the age of 13 are not allowed to create an account or otherwise use the Site. To use this Site, you must meet the following age requirements:

(i) you must be 13 years of age or older; and
(ii) you must be old enough to consent to the processing of your personal data in your country; and
(iii) you must be over the age required by the laws of your country to create an account or otherwise use the Site.

3. Our Limited License to You

(a) All the materials and information, including, without limitation, all content, text, code, and multimedia available on Yoguely.com (collectively the “Content”) are the property of the Site and/or our affiliates or licensors, and are protected by intellectual property rights, including copyright.

(b) The User is granted a limited, non-exclusive license to display the Content and print short extracts of the Content for the User’s own personal noncommercial use only, provided the Content is not modified, identifies the source, bears Yoguely.com’s copyright notice and other proprietary notices, and provided further that the User shall be fully responsible for any consequences resulting from such use. Any other use of the Content is strictly prohibited.

(c) You may not reproduce, republish, re-disseminate, modify, copy, upload, post, transmit, distribute, sell, create derivative works, or exploit in any manner, form, or medium (including by digital or electronic means) any material or information from the Site, in whole or in part, without the prior written consent of Yoguely.com.

4. Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

5. Your License to Us

(a) By posting, delivering, or submitting any material (including, without limitation, comments, photos, videos, blog entries, and forum posts) to us via the Site, internet groups, online forums, social media venues, or to any of our staff via email, text or otherwise, you represent and warrant that you are the owner of the material, and that you have all rights, power, and authority necessary to grant the rights to any material submitted to the Site by you or through your account. Yoguely.com does not take responsibility for and do not expressly or implicitly endorse any material submitted to the Site by the User.

(b) In addition, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

(c) The User acknowledges and agrees that any contributions originally created by the User for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law (17 U.S.C. § 101), as amended. As such, the copyrights in those works shall belong to Yoguely.com from their creation. Thus, Yoguely.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Yoguely.com determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Yoguely.com all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

(d) Yoguely.com has the right but not the obligation to use and display any postings or contributions of any kind and that Yoguely.com may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

6. Yoguely.com does not provide advice

The Content on this Site is designed to complement, not replace, the relationship between a student or client and trained professionals and is for educational and informational purposes only. This Site is under continual improvement, therefore the information contained in this Site may change from time to time.

The Content is not intended to be a substitute for professional advice, diagnosis, or treatment. Yoguely.com is not an investment advisory service, is not an investment adviser, does not provide personalized financial advice, and does not act as a financial advisor. Under no circumstances does any information posted on Yoguely.com, and in its related newsletters, represent investment advice or a recommendation to buy or sell a security. None of the information provided in the Site is intended as investment, tax, accounting, or legal advice. The information on the Site should not be relied upon for purposes of transacting securities or other investments. Past performance is not an indicator of future performance.

Always seek the advice of professionals with any questions you may have. Never disregard professional advice or delay in seeking it because of something you saw or read on the Yoguely.com website. It is your responsibility to evaluate the accuracy, completeness, appropriateness, usefulness, or timeliness of any statements, opinions, advice, or content available through the Site, or obtained from a link to a third-party site. You are responsible for consulting professionals before acting on any information provided by us. The User is solely responsible for their own choices and actions.

7. Comments and Forums

(a) This Site may include a variety of features, such as comments and forums, which allow feedback to us and real-time interaction and public communication between users. These features serve as a platform to share information, ideas, and perspectives. The User is solely responsible for their own choices, actions, and the material they post or send.

(b) To use certain features of our Site, you may be required to create an account and provide us with information about yourself as set forth in the Privacy Policy. You are solely responsible for the information associated with your account and for maintaining the security of your account. We highly recommend that you use a complex and unique password for your account. Never share your password, give access to your account to others, license, sell, or transfer your account without our permission. Promptly contact us if you discover or suspect that someone has accessed your account without your permission. You must not use the account of another User for any reason.

(b) It is a condition of the User’s use of the Site that they do not:

(i) Restrict or inhibit any other user from using and enjoying the Site.
(ii) Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(iii) Use the Site to instigate, constitute, or encourage others to commit an illegal activity or criminal offense, cause injury or property damage to any person, give rise to civil liability or otherwise violate any local, state, national or international law.
(iv) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any policies, guidelines, requirements, procedures, or regulations of the networks we use to provide the Site.
(v) Gain unauthorized access to any account, computer, or network connected to this Site by hacking, password mining, or other illicit means.
(vi) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
(vii) Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
(viii) Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
(ix) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
(x) Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
(xi) Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
(xii) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind. Not Safe For Work (NSFW) material is strictly prohibited. Content must be PG-13 or below. Prohibited content includes: adult content, dangerous or derogatory, recreational drugs and drug-related content, alcohol-related content, tobacco-related content, gambling and games-related content, healthcare-related content, hacking and cracking content, content that offer compensation programs, misrepresentative or misleading content, shocking content, weapon-related content, content that enables dishonest behavior, and illegal content.

(b) By using Yoguely.com, the User agrees to post information that is factually accurate to the best of their knowledge and cite relevant sources whenever possible. Internet users posting comments on this Site should not be considered as trusted professionals. If the User is a professional commenting on a topic related to their field of expertise, they are encouraged but not required to identify their status as a professional.

(d) This Site does not control the messages, information, or material that the User or others may provide through the Site. Comments on this Site may be moderated occasionally and posteriorly. Yoguely.com reserves the right to remove, without notification, any comment of any User that violates the Terms of Use or the Community Guidelines, or for any other reason at our sole discretion. Please see the Community Guidelines for more details.

(e) We may suspend, ban, deactivate, or terminate your account or cease providing you with all or part the Services at any time, with or without notification, for any or no reason, including, but not limited to, if we reasonably believe:

(i) you have violated these Terms of Use or the Community Guidelines.
(ii) you create risk or possible legal exposure for us;
(iii) your account should be removed due to unlawful conduct,
(iv) your account should be removed due to prolonged inactivity; or
(v) our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.

If you believe your account was terminated in error you can file an appeal using our Contact Us Form. Select in the How can we help you? dropdown menu, Technical Support. Use the Subject “Appeal an account” and in Your Message include the username of your account as well as a description of the nature of your appeal.

For the avoidance of doubt, these Terms of Use survive the suspension, banning, deactivation, or termination of your account.

8. Reservation of Endorsement

(a) The Site may contain links to other websites developed, maintained, controlled, and operated by independent third-parties. These links are provided to help the User locate other Internet resources that may be of interest. By containing links to other sites, Yoguely.com is not acting as a publisher or disseminator of the information contained on other sites.

(b) A link to a third-party site should not signify that Yoguely.com recommends, approves, sponsors, endorses, is affiliated, or associated with, that third-party site and their information, products or services. Yoguely.com neither assumes responsibility for, nor monitors, nor maintains control over independent third-party sites and the accuracy, completeness, appropriateness, usefulness, or timeliness of any statements, data, information, offers, products, services, opinions, advice, or content contained at such independent third-party sites.

(c) The opinions expressed in comments and forums are solely the opinion of the participants, and do not reflect the opinions of Yoguely.com or any of its subsidiaries or affiliates.

(d) The User’s access to and use of such third-party sites, whether through use of a link contained on this Site or otherwise, including the use of any material, information, products or services contained therein, are solely at the User’s own risk.

9. Disclaimer of Warranty

(a) THE INFORMATION, MATERIALS, AND CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS, AND INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOGUELY.COM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE OPERATION, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

(b) YOGUELY.COM DOES NOT PROVIDE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES REGARDING THE USE, VALIDITY, ACCURACY, CORRECTNESS, COMPLETENESS, TIMELINESS, AVAILABILITY, RELIABILITY, ANY RESULTS OF THE USE OF, OR OTHERWISE, THIS SITE OR ANY THIRD-PARTY SITES.

(c) YOGUELY.COM ASSUMES NO OBLIGATION TO UPDATE THE SITE OR ADVISE OF ANY FURTHER DEVELOPMENTS. INFORMATION ON THIS SITE AND THIRD-PARTY SITES WHETHER CONTAINED ON OR LINKED FROM THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

10. Limitation of Liability

(a) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, CONTACT OR OTHERWISE, SHALL YOGUELY.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE USE, OR THE INABILITY TO USE OR ACCESS THE SITE, INCLUDING ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE, EVEN IF YOGUELY.COM OR AN AUTHORIZED REPRESENTATIVE OF YOGUELY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE USER ACKNOWLEDGES AND AGREES THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

(c) IF YOUR USE OF THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ANY COSTS THEREOF.

(d) You agree at all times to defend, indemnify and hold harmless Yoguely.com its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary businesses, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

11. Trademarks

Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of Yoguely.com or other entities as indicated. The display of any such marks or names on the Site does not imply that a license has been granted by Yoguely.com or such other entities. Yoguely.com will take all appropriate legal action necessary to fully and effectively enforce its rights, whether such rights are in respect of a trademark, service mark, copyright or any other intellectual property right or other right of Yoguely.com under applicable law, as set out in this Agreement.

12. User’s Warranties and Representations

The User hereby represents, warrants and covenants that the use of the Site by the User has not and shall not violate any applicable local, national or international law, including, without limitation, any regulations having the force of law. The User hereby covenants not to impersonate another person in the use of the Site or the sending of any email to an address listed on the Site.

13. Digital Millennium Copyright Act Notice

If you are a copyright owner or an agent thereof and believe in good faith that you have found content available on the Yoguely.com website which infringes upon your copyright, or the copyright of a party you are authorized to represent, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, including a URL where we can view an authorized copy of the work.
Identification of the material that is claimed to be infringing and that is to be removed and information reasonably sufficient to permit the service provider to locate the material, including the URL where it is located;
Information reasonably sufficient to contact you, including your name, mailing address, telephone number, and an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all the requirements of this section may result in the invalidation of your DMCA notice. Yoguely’s designated Copyright Agent to receive notifications of claimed infringement can be reached via our Contact Us Form. Select in the How can we help you? dropdown menu, Copyright to direct your message to the designated Copyright Agent.

14. Governing Law

We are based in the United States of America, and your data is stored on our server in the United States of America, in accordance with the United States of America data protection laws.

The laws of the United States of America applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or the User’s domicile, residence, or physical location.

To the fullest extent permitted by law, the controlling language for these Terms of Use and any additional terms and conditions that may apply to specific sections of the Site is English. Any translation has been provided for the convenience and benefit of the User.