(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.
(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.
(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.
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.
(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 are representing that:
(i) you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and
(ii) you are 13 years of age or older.
(iii) you are old enough to consent to the processing of your personal data in your country.
(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.
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, and does not provide personalized financial advice or act as a financial advisor. 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. 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.
(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. The User must be at least 13 years of age to participate on this Site. 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.
(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.
(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.
(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.
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.
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.
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):
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 email: copyright [at] yoguely dot com.
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 State of Georgia and 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.
The User hereby consents and submits to the exclusive jurisdiction of the courts located in Fulton County, Georgia in any action or proceeding instituted under or related to this Agreement.