These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of service under which you may use this website, www.yogasigns.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. [Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site]. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
Definitions and Interpretation
In these Terms of Service, unless the context otherwise requires, the following expressions have the following Meaning.
“User” – is any person visiting or using the services provided by “Our Site”
“The Site” or “Our Site”- is the online website www.yogasigns.com
“I”, “my” “me”– refers to myself Maria Mendoza.
“We” or “Our”- refers to the online website www.yogasigns.com
“Blog”- Means a blog hosted on Our Site, created by me.
“Post” – Means a post created by a User in a Blog on Our Site;
“Comment” – Means a comment created by a User in a Blog on Our Site.
“Content” – Articles, videos, training materials, art, photos, drawing, products, services and/other materials available on the Site by us or other third parties.
1. The Terms of Service
The following are the Terms of Service (the “Agreement”) for the access and use of this website www.yogasigns.com (collectively known as the “Our site” or “The site”) by any person (“User”, “Client” or “you”). The site may be provided, be accessible or be available via multiple websites, devices, Sites and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website www.yogasigns.com.
The site may be used among other things to facilitate the sharing of (a) information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally.
When the terms “we”, “our” or similar are used in this Agreement, they refer to any one that owns and operates “The Site”.
The Site enables you to access written content, videos, training materials, products, services and/other materials, made available on the Site by us or other third parties. You may communicate with us for the purpose of sharing information about the topics covered in our Site or any other topic you may feel you need to express at the time, or any other input, benefit or service . Nothing in the Site constitutes advice on which you should rely, it is provided for general information purposes only.
The Site may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that WE have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that WE will not be liable for any damage or loss caused by any Third Party Content.
In case you make a payment through the site, this payment is made to Maria Mendoza
2. Access to The Site
Access to the site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. WE may alter, suspend or discontinue The Site (or any part of it) at any time and without notice. WE will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3. Intellectual Property Rights
With the exception of the content of Comments made by you, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to Us or has been licensed by Us. All Content (including the content of Blogs, Posts and Comments) is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to the license granted by Us, users retain the ownership of copyright and other intellectual property rights subsisting in the content of their Comments (unless any part of that content is owned by a third party who has given their express permission for their material to be used).
For personal use (including research or private study) only, you may: access, view and use Our Site; download Our Site (or any part of it) for caching; print [one copy of any] page [s] from Our Site; download, copy, clip, print, or otherwise save extras from pages on Our Site; save pages from Our Site for later and/or offline viewing; and view and use other Users’ Comments.
You may not use any Content (including Blogs, Posts and Comments) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a license to do so from Us, or the relevant User, as appropriate [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers].
You may not systematically copy Content from Our Site with a view of creating or compiling any form of comprehensive collection, compilations, directory, or database unless given Our express permission to do so.
Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
You agree that you will be solely responsible for any Comments you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Comments comply with Our Acceptable Usage Policy.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you. You will be responsible for any loss or damage suffered by Us as a result of such breach.
You (or your licensors, as appropriate) retain ownership of the content of your Comments, and all intellectual property rights subsisting therein. When you create Comments you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Comments for the purposes of operating or promoting Our Site.
We may reject, reclassify, or remove any Comments from The Site where their content, in Our sole opinion, violates the Acceptable Usage Policy, or if WE receive a complaint from a third party and determine that the Comments in question should be removed as a result.
4.1 Use of Other Users’ Comments
The content of the Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post, or Comments in question. All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may copy and share (re-blog) [parts of] other Users’ [Posts] AND/OR [Comments] within Our Site, provided that the original User is credited. [If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.]
[Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
5. Acceptable Usage Policy
You may only use Our Site (including, but not limited to, the creation of Comments) in a manner that is lawful:
You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations; you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When creating Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:
[is sexually explicit]; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this clause;
implies any form of affiliation with Us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Specifically, We may take one or more of the following actions:
suspend, whether temporarily or permanently, your right to access Our Site; remove any content submitted by you that violates this Acceptable Usage Policy; issue you with a written warning; take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; take further legal action against you as appropriate; disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or any other actions that We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Service.
5.1 Links to Our Site
You may link to Our Site provided that:
you do so in a fair and legal manner by expressing a written request to us at [email protected]; you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists; you do not use any logos or trade marks displayed on Our Site without Our express written permission; and you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it. [You may link to any page of Our Site.]
You may not link to Our Site from any other site the content of which contains material that:
[is sexually explicit] is obscene, deliberately offensive, hateful, or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this clause);
implies any form of affiliation with Us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.2 Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
We may feature advertising on Our Site and We reserve the right to display advertising on our Blog. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
We are not responsible for the content of any advertising on Our Site. [Google Adsense is responsible for the content of advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.]
6. Further Disclaimer of Warranty
You hereby release us and agrees to hold us harmless from any and all causes of action and claims of any nature resulting from the provider services in “ our Site”, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of yoga professional or any other provider in a field requiring licensure and/or certification.
You agree, confirm and acknowledge that we do not review, recommend, endorse, evaluate or provide any guarantee, representation or warranty, including without limitation any qualifications, expertise, claims or background of Us as a provider; myself as the provider of services (whether through The Site or not) including without limitation any opinion, response, advice, recommendation, information or any other content written or said; the content and the substance which are part of our services; any other content or information posted on the Site or through the Site; the validity, accuracy, availability, completeness, safety, legality, security, privacy, quality or applicability of the Site services.
The content provided in our Site, including but not exclusive of our blog posts, pictures, videos that may suggest or require exercise or a physical activity. You agree and acknowledge that whenever you choose to participate or use any of our materials which involves physical activity, you understand and acknowledge that there is a risk of physical injury, or even death, associated with a physical activity. You accept under your own risk to practice any of the activities mentioned through the Site and are responsible for any possible aggravation of a present medical condition you may already have. You agree to consult with your doctor, before commencing any physical practice suggested in our Site.
Yogasigns or me shall not be liable for any injury resulting from or arising out of, participating of any physical activity suggested through the Site. You assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising.
You agree, confirm and acknowledge that the Site is provided “as is” and therefore you will not have any claim or demand against us. The use of the Site is at your sole risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
The Site does not warrant or make any representations regarding the use of the materials in the site. The use and suitability of such materials for any User’s needs or the likelihood that that their use will meet any of their expectations.
We don not warrant that the materials on the site are error free, that defects will be corrected, or that the Site , the Content, and materials are correct. You are encouraged to verify the information provided by Us. Any reliance on such information is done at your full and sole risk and liability.
We do not assume and will not be liable for: (a) the accuracy or availability of The Site or any part of The Site; or (b) any damages, harm or injury arising from or related to The Site, our services or any information provided through The Site.
In the event of a dispute regarding any transaction conducted via The Site, you hereby relieve Us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.
7. Limitation of Liability
You agree, confirm and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
You further agree, confirm and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the site will not exceed the total amount of money paid by you through the site in the 3 months period prior to the date of the claim.
We explicitly disclaim any liability with respect to any claim, suit or action made by ourselves as a provider, whether relating to services or not, in connection with your payment for our services or otherwise. You agree, confirm and acknowledge to indemnify, defend and hold us harmless with respect to any such claim.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
8. Fees and Payment
You confirm and agree that all payment related information that you provided and will provide in the future, to or through Our Site, are accurate, current and correct and will continue to be accurate, current and correct.
You confirm and agree to use only payment means (credit cards or others) which you are duly and fully authorized to use.
You agree that all current and future interactions (whether online or offline) between you and myself will be made, managed and billed through The Site.
If, for any reason, an interaction between you and myself is not made through The Site you agree that it will be billed through Our Site and that the standard Site Use Fees will be charged and delivered to Us even if the Site hasn’t been used for this interaction.
Fees and charges (including any taxes, as applicable) may be charged on your credit card. By providing Us with your credit card information you authorize Us to bill and charge you through that credit card.
9. Modifications, Termination, Interruption and Disruptions to Our Site
You agree, confirm and acknowledge that WE may modify, suspend, disrupt or discontinue the Site, any part of the Site or the use of the Site, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that WE will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, WE may terminate or prevent your use of the Site and any services provided by through The Site at Our sole discretion for any reason and for any period of time.
The Site depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. WE do not guarantee that the Site will be uninterrupted or that it will be secure, consistent, timely or error-free.
WE may provide notices or other communications to you regarding this agreement or any aspect of the Site, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Us must be delivered by email to [email protected].
11. Important notes about our Agreement
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
WE may change this agreement by posting modifications on Our Site. Unless otherwise specified by Us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this agreement frequently. The last update date of this agreement is posted at the bottom of the agreement. By using The Site after the changes become effective, you agree to be bound by such changes to the agreement. If you do not agree to the changes, you must terminate access to The Site and participation in its services.
We may freely transfer or assign this agreement or any of its obligations hereunder. The paragraph headings in this agreement are solely for the sake of convenience and will not be applied in the interpretation of this agreement. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this agreement.
24th August 2020