Terms & Conditions

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BY USING THE SITE YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS

The following terms and conditions of use (the "terms and conditions") govern your ("you") use of the www.theyogaclub.com (the "Service"), as provided by The Yoga Club, LLC ("TYC" or "we"). Sites within The Yoga Club, LLC network of sites are provided by The Yoga Club, LLC . The Yoga Club, LLC address is PO Box 177, Morro Bay, CA 93443

This is a legal agreement ("Agreement") between you and TYC. Please read the Agreement carefully before registering for the TYC "Service". By registering with a TYC site, you become a member of the "Service" (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE TYC SERVICE. THE TERMS ARE SUBJECT TO CHANGE BY TYC AT ANY TIME, EFFECTIVE UPON UPDATE OF THE TERMS SECTIONS WITHIN THE TYC NETWORK OF SITES.

Registration Eligibility

In order to use the Service you must be over 13 years of age. MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 13 years old.

User Information

In the course of your use of the Site, you may be asked to provide certain information about yourself to us ("User Information"). You acknowledge and agree that you are solely responsible for the content of the User Information and that all User Information is accurate, including the content of your Profile and any messages you send.

User Conduct

TYC provides a service aimed at genuine yoga practitioners, enthusiasts, yoga studios and friends who wish to use the service in order to network, promote themselves, make friends and establish relationships, learn from each other and work together. You must take care not to:

  • Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions or the law of the State or Country in which you are based;
  • Restrict or inhibit any other User from using and enjoying the Site;
  • Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • Impersonate, or misrepresent your affiliation with any other person or entity;
  • Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
  • Engage in spamming or flooding;
  • Attempt to gain unauthorized access to other computer systems through the Site.
  • You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. TYC reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
  • You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other TYC Members. For protection of members against such conduct, TYC has imposed a per-day email limit on subscribers. TYC reserves the right to monitor and review any internal email messages sent within the TYC system, to identify messages in conflict with the TYC Terms & Conditions.

Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works. We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users.

Submitted Material

Any information or material that you submit or send to TYC or otherwise make available on or through the Site ("Your Material") will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:

  • Agree and acknowledge that Your Material will not be treated as confidential or proprietary.
  • Agree and acknowledge that Your Material is owned by TYC.
  • Agree and acknowledge that Your Material and data you enter when creating and amending your Profile may be used by TYC for surveys and promotional campaigns, and may appear in search engines such as Google or Yahoo and may be used in marketing campaigns of any nature, including blogs, using extracts from your profile, though never revealing your personal contact details such as contact numbers or email address.
  • Represent and warrant that Your Material: Is original to you and that no other party has any rights to the material; Does not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, derogatory, false, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful; Does not contain a virus or other harmful component; and does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.
  • Grant TYC the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-license right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including TYC sites and network, and that Your Material may appear in search engines. You also warrant that any "moral rights" in Your Material have been waived.
  • The Yoga Club, LLC reserves the right to view the content of all mail passing through the site.
  • The Yoga Club, LLC reserves the right not to post and to remove any User Information, subscriptions, profiles, messages, and content therein without notice.
  • The Yoga Club, LLC reserves the right without warning to deny and/or cancel membership to any person who we deem from their profile or use of the site to be unsuitable for the service.
  • You acknowledge and agree that opinions, advice, statements, offers, or other information or content made available through the TYC service, but not directly by TYC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TYC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN TYC. UNDER NO CIRCUMSTANCES WILL TYC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE TYC SERVICE, OR TRANSMITTED TO TYC MEMBERS.

Services Available on the Site

TYC may make certain services available to individuals who register on the Site ("Registered Users") and general visitors to the site ("Visitors") (registered users and visitors are collectively referred to as "Users"). For example, but not limited to; Users may be able to register to receive profile alerts, search our user database, participate in forums or moderated discussions with other users, post comments on a bulletin board, post and respond to profiles, or upload their profile (collectively, "Services", and with the Site, the "Site").

TYC may make certain forums available on the Site that allow Registered Users the opportunity to participate in discussions and to post information on bulletin boards (collectively, "Forums"). Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g. name, email address, telephone number) on or through these Forums, such information is generally accessible to and may be collected and used by other Registered Users, as well as visitors, and may also appear in search engines and may result in unsolicited online and offline messages. Registered Users are strongly encouraged to exercise discretion when providing personal information about themselves in and through forums.

Internet Access

You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the internet. TYC shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

Proprietary Rights

TYC owns and retains other proprietary rights in the TYC service. The Service contains the copyrighted material, trademarks, and other proprietary information of TYC, its licensors and licensees. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

By posting information or content to any public area of TYC, you automatically grant, and you represent and warrant that you have the right to grant, to TYC and other TYC Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, Unites States of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.

Subscription Terms, Memberships and Cancellations

TYC will have periodic subscription fees that are defined by the terms of the site at the time of the initial enrollment for subscription. The member is responsible for such fees according to the terms of the site. Once a member has accessed the site using the User Name, assigned to the member, subscription fees become non-refundable. As determined by the site, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the Subscriber seven (7) days prior to renewal. Orders can be cancelled by contacting Customer Service at cs@theyogaclub.com Unless and until this agreement is cancelled in accordance with the terms hereof, the Subscriber hereby authorizes The Yoga Club, LLC to charge the Subscriber's credit card to pay for the ongoing cost of membership. Subscribers will receive by email a copy of the account of charges made for the use of the site. Should the subscription be withdrawn, or payments fail for any reason and monies not be received by TYC the Profile will be archived and use of the Service withdrawn. Either you or TYC may terminate your TYC membership at any time, for any reason, without explanation. TYC reserves the right to immediately suspend or terminate your access to the TYC service, without notice, upon any breach of this Agreement by you which is brought to the attention of TYC, or while investigating a potential breach.

TYC reserves the right to immediately suspend or terminate your access to the TYC service, without notice, upon any indication or suspicion that your profile is displaying false information, including but not limited to the wrong LOCATION information.

TYC also reserves the right to immediately suspend or terminate your access to the TYC service, without notice, if you are accessing the service from an IP address where spam has been identified as originating from in the past, or from an IP address located within an IP block, or an IP range, where spam has been identified as originating from in the past.

TYC also reserves the right to immediately suspend or terminate your access to the TYC service, without notice, if your profile does not contain a 'description'.

TYC also reserves the right to immediately suspend or terminate your access to the TYC service, without notice, if you create multiple accounts within the network. Members are encouraged to join multiple sites within the network, but multiple accounts are not allowed.

TYC also reserves the right to immediately suspend or terminate your access to the TYC service, without notice, if TYC determines, in its sole discretion, that your actions towards other members, or towards TYC, or its employees, or its staff, are, or have been, abusive in any way.

Your membership in the TYC service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

No Endorsement

TYC is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does TYC endorse any opinions expressed by Users or others. TYC is not responsible for the online or offline content of Users. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of The Yoga Club, LLC

Unsolicited Materials

Unless specifically requested, TYC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or any of its services.

INDEMNITY BY MEMBER

You will defend, indemnify, and hold harmless TYC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the TYC service, including any breach by you of the terms of this Agreement.

PLEASE READ THIS: It is possible that other TYC Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the TYC service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. TYC is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the TYC service or release to others.

TYC RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE TYC SERVICE. TYC SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN ITS SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF TYC, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER TYC MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY TYC TO THE EXTENT REQUIRED BY APPLICABLE LAW, WITH THE EXCEPTION AS STATED ABOVE RELATED TO INTERNAL EMAIL SPAM MANAGEMENT.

COMPLAINTS

To resolve a complaint regarding the TYC service, you should first contact TYC Customer Support by clicking on the "Contact Us" button. Please provide details on your membership and the TYC site your initially joined, as well as details on the issue.

DISCLAIMER OF WARRANTY

TYC PROVIDES THE TYC SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH TYC OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. TYC specifically DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TYC does not warrant that your use of the TYC service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. TYC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

LIMITATION OF LIABILITY

IN NO EVENT WILL TYC BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TYC SERVICE, EVEN IF TYC OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TYC's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TYC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

TYC will, on occasion, make available to members, information regarding other websites, promotions & contests. By acting on any information provided by TYC, you specifically release TYC from any and all damages, direct, indirect, incidental and/or consequential, arising out of your actions based on the information provided, or links provided, INCLUDING, WITHOUT LIMITATION, ECONOMIC IMPACT, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

TYC DOES NOT SCREEN THE MEMBERS REGISTERING TO THE TYC SERVICE IN ANY WAY. AS A RESULT, TYC WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

PRIVACY STATEMENT

IN NO EVENT WILL TYC BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE DISPLAY OR USE OF ANY PERSONAL INFORMATION PROVIDED BY YOU TO TYC. BY UPLOADING ANY PERSONAL INFORMATION TO TYC, YOU ARE HEREBY RELEASING TYC FROM ANY AND ALL LIABILTY REGARDING ANY USE OF THAT INFORMATION. BY PROVIDING YOUR PERSONAL INFORMATION TO TYC, YOU ARE HEREBY AUTHORIZING TYC THE RIGHT TO USE YOUR PERSONAL INFORMATION FOR ANY AND ALL ADVERTISING PURPOSES IT CHOOSES, INCLUDING BUT NOT LIMITED TO CONSOLIDATION OF YOUR PERSONAL INFORMATION WITH OTHER MEMBERS IN THE NETWORK TO BEST DETERMINE EFFECTIVE ADVERTISING PARTNERS AND CAMPAIGNS. YOU ALSO SPECIFICALLY AUTHORIZE TYC THE RIGHT TO USE YOUR PERSONAL INFORMATION WITHIN ANY CONSOLIDATED MEMBER DATA TYC MAY CHOOSE TO MAKE PUBLICALLY AVAILABLE ONLINE, PROVIDED YOUR PERSONAL INFORMATION CANNOT BE IDENTIFIED WITHIN THE CONSOLIDATED DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TYC's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TYC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

The Yoga Club, LLC
PO Box 177
Morro Bay, CA 93443