| Terms and Condtions: |
Acceptance of Terms and Conditions of Use The My Guru Guide website, the services offered by My Guru Guide or through My Guru Guide website, and any parts or sections thereof including but not limited to www.myguruguide.com web content, articles, images, graphics, messages, directories, message boards, vendor contact forms, member profile information, member personalized information, and the Yoga Shop (hereinafter referred to as “the Website(s)”. My Guru Guide a Yoga and Yoga Related Resource maintained for personal entertainment, information, education and communication. You understand and agree that, unless expressly stated, MGG and the Website do not control, confirm or endorse any of the information on the Website including but not limited to resources and links, events and workshops posted, messages, message boards and vendor and member published listings. Please read these terms and conditions carefully. By using this site, you agree to be bound by these Terms and Conditions of Use and Privacy Policy (link here to Privacy Policy). You understand and agree that the Website and My Guru Guide do not assume any liability for failure to store or maintain any user information and communications or personal settings nor assumes any responsibility, cost or fees associated for your ability to obtain access to the Website. In these terms and conditions of use, all users of the Website shall be referred to as the “User”. The Service My Guru Guide Website is created and developed to be a source of information for yoga and yoga related products and services to anyone who has access to the worldwide web. The Website is offered only to individuals who complete the registration process with a valid email address and select a password. You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account, whether use is authorized or not. You also agree to notify MGG if there has been unauthorized use of your account. In consideration of your visiting and using the Website, you represent that any information that you provide about yourself is accurate and complete at the time you provide it. You also agree to update any information that has changed on a timely basis to keep the information on My Guru Guide accurate. MGG and the Website reserves the right to refuse the Website to any user. The User hereby agrees and confirms that MGG shall not be liable for any loss or damages arising from the User’s failure to comply with this paragraph. MGG reserves the right to limit, deny or create different priorities to different users or to change the Website and/or to change, upgrade, modify, alter, limit or terminate the Website at any time temporarily or permanently without prior notice and for any or no reason at its sole discretion. MGG further reserves the right to introduce new features, functionalities and/or applications to the Website or to future versions of the Website. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these terms and conditions of use, unless otherwise stated by MGG. The User agrees to the effect that such action may have on his ability to use the Website hereby agree that in no event shall MGG and Website be liable to the User or any third parties for any inability to use the Website, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage arising there from or occasioned thereby or for the results obtained from the User’s use of the Website. The User agrees not to reverse engineers, decompile, dissemble, alter, duplicate, make copies, create derivative work from, distribute or provide others with the Website, its content, its communication protocol or any information available on, derived or extracted in relation to the Website other than as allowed under these terms and conditions of use. Phew. We are concerned about the security and privacy of our members, vendors, affiliates and children. As part of this mantra, be mindful of the information that you are posting on the Website, and for minor children, to receive the permission of the parent(s) and/or supervision by their parent(s). Acceptable Use of Policy The Website is intended to act as a resource tool only. The User may only use the Website to search for yoga or yoga related product, resource or service, and shall not use the Website to make any speculative, false or fraudulent Requests or Offers, whether or not in anticipation of demand. The User represents that the User has sufficient authority and is of sufficient legal capacity to create binding legal obligations for any liability the User may incur as a result of the User’s use of the Website. The User is solely responsible for all information provided to MGG and the Website during registration. Information and data provided by you are subject to our Privacy Policy (link to privacy policy). MGG may terminate your access to the Website, including removing your member/guru account and any material and information associated with your account (including but not limited to your profile and password). You agree and acknowledge that all terminations for cause shall be made in the sole discretion of MGG and that MGG shall not be held liable to you or any other party for the termination of your access to our Website nor the removing of your account. The User shall be solely responsible for ensuring that any material, graphic, image, logo, content, posting, or information posted on the Website or provided to MGG, or authorized to MGG or the Website to display or publish through the Website or otherwise does not violate the copyright, trademark or any other personal proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. The User shall not use the Website for any unlawful or inappropriate purpose, including but not limited to, spoofing, sniffing, imposturing, fraud, forgery, electronic trespass, hacking, system contamination including without limitation, use of viruses, worms and Trojan Horses causing unauthorized damage or harmful access and/or retrieval of information. The User shall not use the Email addresses provided on the Website for junk mail, spam, chain letters or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Also, the User shall not use the promotional information or any content that is obscene, indecent, offensive, defamatory, threatening, no racially or ethnically or otherwise objectionable language, no harassing, intimidating, stalking or threatening other community members, no libelous, defamatory or otherwise torturous language, no impersonating any person or company including but not limited to other Website member or MGG employees, no posting, distributing, transmitting or promoting illegal content, no invasion of another’s privacy, no manipulation, forging of identifiers to disguise the origin of any information posted on the Website, no collecting storing or posting of personal data about or of others, no soliciting of any kind on the Website, no discrimination, menace or breach of confidence. User’s Submissions MGG maintains the Website for personal enjoyment, education, information and communication. All Website content, included but not limited to any member profile information (including names, email addresses, contact information) may not be taken from website and used for any purpose. Names, email addresses and other contact related information may not be taken or used by outside vendors or third parties for purposes of solicitation. Unsolicited emails to our members or Gurus (vendors) may constitute misrepresentation, unfair competition, and may also violate laws that prohibit unsolicited email, from which MGG shall be entitled to take appropriate legal action including seeking injunctive relief, profits, damages and legal fees and costs. My Guru Guide welcomes submissions. Any material, whether creative and original, text, software, music, sound, photograph(s), graphics, text, videos, messages, notes, ideas, drawings, concepts, marketing plans or other information that you submit to us by electronic mail, regular postal mail, verbally or otherwise will be treated in accordance with these Terms and Conditions of Use and our Privacy Policy. Content in the Website, including all writing on the Website is the copyrighted property of My Guru Guide, Inc. and is protected as such. Reproduction of any material must be given with written permission from MGG, with the exception of downloading or printing a single copy for yourself for personal, non-profitable, non-competitive use. By submitting or posting Content to the Website, you automatically grant to My Guru Guide, Inc. a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, re-publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or in aggregate with other works in any form, media technology, whether known now or in the future to be developed. Material that is copyright protected may not be submitted without permission from the copyright owner. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages, fees and costs arising out of actions resulting from materials submitted by you and posted by MGG. My Guru Guide, Inc. and the Website will not be liable for any loss or damage suffered by a User through the User’s reliance on information and advice communicated in our Website or for any results obtained from the use of such information or advice. User’s are hereby granted access to the Website and MGG’s various directories in accordance with these terms and conditions of use and as otherwise permitted by My Guru Guide, Inc. Any other use or attempt to use MGG’s various directories for commercial, copying, reproduction, mass marketing (including spamming) or any other unauthorized purpose is strictly prohibited. The User agrees that the User shall not commercially exploit any information received or accessed through the Directory including but not limited to copying (through robots, spiders, any automatic device and manual process) except with MGG’s prior written approval. The User shall not use any device, software or system to interfere or attempt to interfere with the proper working of the Website and. or any User of the Website and shall not attempt to gain unauthorized access to such computer systems or networks. The User shall not use the Website for any illegal purposes or in support of any illegal purpose or activity. Copyright and Trademark Content in the Website, including all writing on the Website, text, graphics, logos, button icons, images, audio and video clips and software is the copyrighted property of My Guru Guide, Inc. or its content suppliers and protected by U.S. and international copyright laws. The compilation (design, collection, arrangement and assembly) of all content on the Website is the property of MGG and protected by U.S. and international copyright laws. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are both registered and unregistered trademarks of My Guru Guide, Inc. and others. Your misuse of the trademarks displayed or not displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. You may not copy, post, distribute or reproduce in any way any copyrighted or trademarked material or content or other intellectual property without written authorization from MGG. Charges and Fees MGG sells advertising and marketing services, including but not limited to media pages, website design, sponsorships, banner ads, and listings. All fees (if any) shall be payable in advance to MGG by wire transfer, charging the User’s credit card or such other method acceptable to MGG, in US dollars. Unless otherwise agreed between MGG and any User, all payments made are non-refundable. All rates are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies that each User shall continue to be liable for as and when the same is imposed or incurred. MGG reserves the right to modify its pricing structure and payment conditions periodically at its sole discretion provided that not less than fourteen (14) days notice shall be given each User. Termination of Membership MGG may terminate the provision of the Website to any User without limitation to any remedies that may be available, MGG may immediately issue a warning, temporarily suspend (for a fixed period or permanently) or terminate a User’s membership, any of the User’s listings or any other information placed by the User of the Website if: the User breaches a material term herein, MGG is unable to verify or authenticate any information provided by the User, or MGG believes in its sole discretion that the User’s act or omission may cause legal liability for the User, any other Users, third party service providers or MGG. Furthermore, MGG may suspend or terminate any User’s membership if the User is found (whether by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with the use of the Website or MGG’s services. Upon termination all licenses, rights and privileges granted to the User shall cease. Disclaimer/Limitation of Liability You agree and understand that the Website is provided “As-Is” and that MGG does not assume any responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Website. Use of My Guru Guide’s website is at your own risk. MGG and the Website does not warrant or represent that our Content is accurate, error-free, truthful or reliable, or that use of such material will not infringe rights of third parties. MGG nor its related parties, licensors and supplies expressly disclaim all warranties of any kind, whether express or implied, statutory or otherwise including but not limited to the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. MGG MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THE WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. FURTHER, MGG NOR ITS RELATED PARTIES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE WEBSITE WILL BE ERROR FREE OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND ANY ERROR IN THE OPERATION OF THE WEBSITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED. MGG DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU VIA USE OF THE WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. AS A RESULT, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ANY CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY RELATED COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL. ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM MGG OR THE WEBSITE OR FROM ANY SERVICES PROVIDED IN THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE. MGG nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, special, incidental, consequential, or indirect damages resulting from your access to, or use of, or inability to use the Website and our content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MGG is advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in the section may not apply to you. Unless otherwise expressly stated or provided to you, the aggregate liability for MGG or the Website for any and all claims arising from the use of the Website is limited to one hundred U.S. dollars ($100). Indemnity You agree, at your expense, to indemnify, defend and hold harmless My Guru Guide, Inc. and the Website, its officers, directors, employees, shareholders and agents, from and against any claims, actions or demands from and against any loss, cost, damages, liability and/or expense arising out of or relating to the following: at third party claim, actions or allegations of infringement based upon information, data or content you submitted in connection with the Website, including but not limited to reasonable legal and accounting fees, arising from your use of the Website, or content or your breach of said Terms and Conditions of Use. MGG shall provide notice to your promptly of any such claim, suit, or proceeding and shall assist you at your expense, in defending such claim, suit or proceeding. General Provisions MGG makes no representations that the material and content on the Website is appropriate or available for use in other locations. If you use this Website in other locations, you do so at your own risk and are responsible for the compliance with applicable local laws, keeping in mind that access to our Website and content may not be legal by certain persons or in certain countries. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. These terms will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of the Website or content will be instituted in a state or federal court in Nassau County, New York, and you hereby agree to submit to the personal jurisdiction of such courts. These terms and conditions of use constitute the entire agreement between the User and MGG and govern the use of the Website superseding any prior written or oral agreements in relation to the same subject matter herein. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. MGG’s failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions of use will not waive that right nor waives MGG’s right to act with respect with subsequent or similar breaches. You understand and agree that you are solely responsible for reviewing the Terms and conditions of use from time to time. Use of the Website by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms and conditions of use. |
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