Quantcast
YogaCity NYC | The NYC Directory for Yoga News, Studios, Classes & Events
Terms & Conditions

TERMS AND CONDITIONS

Welcome to YogaCity NYC, owned by Swaps Monitor Publications, Inc. (YogaCity NYC). By using YogaCity NYC, you agree to be bound by these Terms of Use (Agreement), whether or not you register on YogaCity NYC as a Member or recipient of our email newsletter. If you wish to use our website, please read these Terms of Use. If you object to anything in this Agreement or YogaCity NYCs Privacy Policy, do not use our website. The Terms of Use are subject to change at any time, effective immediately upon publication on this website, and your use of the services provided by YogaCity NYC after such publication will constitute acceptance by you of such changes.

ACCEPTANCE OF TERMS OF USE AGREEMENT

This Agreement is an electronic contract that sets out the legally binding terms of your use of YogaCity NYC. By accessing the website or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained in it. This Agreement will remain in full force and effect while you use the website and are a Member. You may terminate your Membership or email newsletter subscription with us at any time by erasing the information on your profile and/or using the unsubscribe button on the email newsletter. If you need to have any other account information deleted, please contact YogaCity NYC at support@yogacitynyc.com

USE OF WEBSITE BY MEMBERS

Members should not use the Service or website for collecting useames and/or email addresses of Members or for the purpose of sending unsolicited email and unauthorized framing or linking. Use of the website is with the permission of YogaCity NYC and use can be revoked at any time and for any reason. You are responsible for maintaining the confidentiality of the useame and password that you designate during the registration process and you are fully responsible for all activities that occur under your useame and password. If the security of your useame and password become compromised, you should notify YogaCity NYC immediately. You should use particular caution when accessing your account from a public or shared computer. You are solely responsible for your interactions with other Members. In no event shall YogaCity NYC or its parent company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental — arising out of or relating to the conduct of you or anyone else in connection with the use of the website, including, and without limitation to, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users or Members of this website or persons you meet through this website.

CONTENT OF THE WEBSITE

You are solely responsible for any content, messages, emails, photos, or profiles (Content) that you post, upload, transmit or otherwise publish on YogaCity NYC. You will not post, upload, transmit or otherwise publish any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material — or any material that infringes or violates another party's rights. You will not provide inaccurate, misleading or false information to YogaCity NYC or to any other Member of the website. You understand and agree that we may review and delete any Content that in our sole judgment might be considered offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content on any public area of YogaCity NYC, you automatically grant, and you represent and warrant that you have the right to grant, to YogaCity NYC, its parent company, licensees, and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, 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 sublicenses of the forgoing. You further understand that public posting and use of your content by YogaCity NYC will not infringe or violate the rights of any third party.

PROHIBITED CONTENT

The following is a partial list of the kind of Content that is illegal or prohibited on YogaCity NYC. Content that:
  • Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Harasses or advocates harassment of another person.
  • Involves the transmission of junk mail, chain letters, or unsolicited mass mailings or spamming.
  • Promotes information that is known to be false and misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  • Promotes an illegal or unauthorized copy of another persons copyrighted material or work.
  • Contains restricted or password-only access pages, or hidden pages or images.
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18.
  • Provides instructional material about illegal activities and/ or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.
The Content you post must be in accordance with any and all applicable laws and regulations.

PROHIBITED ACTIVITIES

YogaCity NYC reserves the right to investigate and terminate your membership if you have misused the website or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to YogaCity NYC: You will not impersonate any person or entity.
You will not œstalk or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by YogaCity NYC without our specific prior written consent.
You will not use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, œdata mine, or in any way reproduce or circumvent the navigational structure or presentation of YogaCity NYC or its contents.
You will not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark, or other proprietary rights notices contained in the website.
Your will not interfere with or disrupt YogaCity NYC or any servers or networks connected to the website.
You will not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through YogaCity NYC.
You will not œframe or œmirror any part of the website without the written authorization of Yoga City NYC. You shall also not use meta tags or code or other devices containing any reference to YogaCity NYC or our parent company in order to direct any person to any other website.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the website or any software used on or for the website or cause others to do so.

THIRD PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be goveed by the policies and representations made by these third parties. YogaCity NYC or our parent company will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

INDEMDIFICATION

You agree to indemnify and hold harmless YogaCity NYC and our representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED ("SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND YOGACITY NYC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER YOGACITY NYC NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT WE WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOGACITY NYC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

RESERVATION OF RIGHTS

YogaCity NYC reserves all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in respect of this website, its Content, and goods and services that may be provided. The use of our rights and property requires our prior written consent. By making Services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without prior written consent.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted via email to support@yogacitynyc.com

APPLICABLE LAW

You agree that these Terms of Use and any dispute arising out of your use of this website or products or services provided will be goveed by and construed in accordance with local laws applicable at the YogaCity NYC's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a Member account or email newsletter on this website, or by using this website and the Services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over our domicile, and that any disputes will be heard by the said courts.

MISCELLANEOUS INFORMATION

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that partys right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) We may assign the our rights and obligations under these Terms of use; in this event, YogaCity NYC and its parent company will be relieved of any further obligation.
About Us Terms & Conditions Advertise Jobs Contact Us Privacy Policy SiteMap

© 2013 Swaps Monitor Publications, Inc