YOGAMU
Disclaimer and Terms of our service!

 

Description of Service

 

We (Yogamu) allow our users to create and update an online web site. Once registered with us, each Account Holder receives his or her own Web Site and may post “Content”.

 

We may also provide further assistance, maintenance, and updating service subject to the package subscribed.

 

Our users may also subscribe to the content provided by us (Yogamu) upon a license and add it to the developed website, in which case additional terms as provided below shall apply accordingly.

 

 

Acceptance of Terms

 

By accessing and using our services directly or indirectly, you agree to comply with and be bound by the following Terms and Conditions. Please review them carefully. If you do not agree with any part of these terms, you should discontinue access and use of our services immediately.

 

 

Indemnity

 

You will indemnify, defend, and hold harmless Yogamu, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys’ fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content or even the content provided by Yogamu, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

 

 

Disclaimer of warranties

 

A.     Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

B.    We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the service. Yogamu does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

 

C.     Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

D.    Any data, information, content or materials contained in or made available in connection with the service is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals. The service does not provide tax or legal advice. You are responsible for obtaining such advice and we encourage you to do so prior to, and in conjunction with, using our service.

 

E.     These terms apply solely to the service. As part of the services provided to other yogamu users, we host websites for certain third parties (“third party sites”). Third party sites include content generated by third parties and are not under the management and control of yogamu. Yogamu is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site. The hosting of any third party site by yogamu does not imply an endorsement thereof by yogamu, or of the provider of such content or services, of any third party site.

 

F.     Neither yogamu nor any third party providers, partners, or affiliates warrant that the site, its servers, the materials or the service, or any email sent from the site or any third party providers, partners, or affiliates are free of viruses or other harmful components.

 

G.    Yogamu and its licensors make no warranty or representation that the services, materials, or site are appropriate or available for use in all geographic locations.

 

 

Limitation of liability

 

To the extent permitted by applicable law, we will not be liable to you or any other person for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if yogamu has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.

 

In the event of any problem with the site, the service, or the materials, your sole and exclusive remedy, as permitted by applicable law, is to cease using the site, the service, and the materials. To the maximum extent permissible by applicable law, neither Yogamu, its affiliates, nor licensors shall be liable in any way for your use of the site, the service, the materials, your content (including the content provided by Yogamu ,if applicable), the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the service, the materials, your content, the commercial products or any third party user generated content available on or through the site.

 

 

Additional Terms, limitations if you use any content provided by Yogamu on the developed website

 

The license for usage of our content shall be valid for the period as provided in the Course package that you subscribe. The license shall automatically terminate upon the expiry of subscription period without any prior notice. Any usage of the content without our prior written consent after termination of license shall be considered as violation of this term which shall entitle us to claim compensation from you which will include but not limited to profits that are made with the content after termination of license.

 

 

Restrictions

 

A. You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit the Content for any other purposes without our prior written consent.

 

B. You are prohibited from modifying or creating derivative works based on the Content.

 

C. You may not use the Content for any illegal purpose or in a way that is prohibited by these Terms and Conditions.

 

D. The rights granted to you are personal, and you may not sublicense, assign, or transfer them to any third party.

 

E. You may not allow users of your platform to download, copy, reproduce, distribute, modify, transmit, broadcast, display, sell, license, modify, or otherwise exploit our content without our prior written consent.

 

Access to the Content is conditional upon the payment of a monthly fee or one-time fee, as specified at the time of purchase. All fees are non-refundable and are subject to change upon notice from us.

 

We reserve the right to add, modify, or remove any Content at our sole discretion, without notice. We do not guarantee that any specific Content will be available at all times.

 

The Content is provided “as is,” without any guarantees, conditions, or warranties as to its accuracy, reliability, or suitability for any purpose. We exclude all representations and warranties to the fullest extent permissible under applicable law.

 

We shall not be liable for any direct, indirect, special, incidental, consequential, or punitive damages that may result from the use of, or the inability to use, the Content. For clarity, You hereby disclaim any liability for any injuries, damages, or losses of whatsoever nature, whether direct or indirect, arising from the use of our Content by you or users of your platform. You acknowledge and assume all risks associated the use of our content and agree that we shall not be responsible for any incident that may arise.

 

We may terminate or suspend your access to the Content immediately, without prior notice or liability if you breach the Terms and Conditions. We may also terminate the license for any reason beyond the Terms and Conditions with a prior 24 hour notice during which you may contact our team for justification and get any possible relief.

 

If due to any unforeseeable uncertain event beyond our control we are unable to provide you access to our content or you are unable to have access to our content for any such reason, we shall not be liable for any consequent loss or for refund.

 

You agree to comply with all applicable laws and regulations related to use of our content. It includes compliance with laws of jurisdictions in which users of your platform may access the content. We shall not be responsible for any violation of law or regulation that may occur by access to the content through your platform.

 

Non-Solicitation:

 

You agree not to directly or indirectly solicit, entice, or engage in any business discussions or transactions with other clients, subscribers, students of Yogamu for the purpose of selling your content/product/service or providing web development services or any other service whatsoever similar to those provided by Yogamu. This restriction applies during the term of your engagement with us and after the termination of our contract, irrespective of whether services have been successfully provided to you or not.

 

In the event that the you sell or transfer ownership of the website (absolutely or partially) developed by us to a third party, we shall not be held liable to the buyer or any subsequent owners for any fault, error, defect in the service, or for maintenance or updating of the webpage. You acknowledge and agree that Yogamu’s obligations and responsibilities cease upon the transfer of ownership of the website.

 

You acknowledge that any content provided by us for inclusion on the website, including but not limited to text, images, graphics, and multimedia elements, is licensed for use solely within the context of the client’s website as developed by us. Upon the sale or transfer of ownership of the website to a third party, the license to use the content provided automatically terminates. We reserve the right to restrict access to such content on the website upon transfer of ownership.

 

You agree to indemnify and hold harmless Yogamu from any claims, damages, losses, liabilities, and expenses arising out of or related to your breach of this agreement, including but not limited to any violations of the non-solicitation clause and any disputes arising from the subsequent sale or transfer of ownership of the website.

 

 

Intellectual Property Rights

 

We retain ownership of any original work created during the website development process until we finally submit the website to you and until whole consideration as agreed for services is paid.

 

Once we finally submit the developed website to you and whole consideration is paid, we shall not have claim of ownership in the website or any of its part including the content that you may add on such website.

 

However, if you use content provided by Yogamu or any of its subsidiary on such website, in that case we retain all intellectual property rights in such content provided by us. Your use of the Content provided by us does not grant you ownership or any other related rights.

 

 

Confidentiality

 

We both agree to keep confidential any proprietary or sensitive information disclosed during term of this agreement or which comes to our knowledge during the development of website or while usage of Yogamu’s content or services by you.

 

 

Governing Law

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is registered i.e California, U.S, without giving effect to any principles of conflicts of law.

 

Changes to Terms

 

We reserve the right to make changes to these Terms and Conditions at any time. Your continued use of the Content following the posting of changes will mean that you accept and agree to the changes.

 

 

Dispute Resolution

 

Any dispute, controversy, or claim arising out of or relating to this agreement, including its formation, interpretation, breach, termination, or validity, shall be exclusively resolved by the courts of the State of California, USA. Both parties hereby consent to the jurisdiction of the state and federal courts located in California, USA, and waive any objections to the venue or convenience of such courts.

 

The parties agree that any legal action or proceeding arising out of or relating to this agreement shall be brought solely in the courts of California, USA.

 

Each party agrees to submit to the personal jurisdiction of the courts located in California, USA, and to waive any right to claim that such courts are an inconvenient forum.

 

This dispute resolution clause shall survive the termination or expiration of this agreement.