© Sat Chit Anada, LLC 2017-Present,
Last Updated June 1, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS OF SERVICE, IN CONJUNCTION WITH ALL OTHER TERMS GOVERN USERS’ ACCESS TO AND USE OF THE SITE, THE APPLICATION, THE SERVICES AND ALL COLLECTIVE CONTENT, AND CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN USER AND SAT CHIT ANADA LLC, DBA YOGIBLE™. IF YOU, AS A USER, DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY LOG OFF THE SITE AND MAY NOT USE IT.
1. Key Terms
“Client” means a Member who is registered with Yogible as such, for the purpose of performing a Site Purchase as the buyer of a Product or the reserved attendance at a future Event.
“Collective Content” means Member Content and Site Content.
“Communication” means an email, message via the Application or Site, text message, or any other written message between Yogible and Member, or between Members, but only those intra-Member messages which are carried out via the Application or Site.
“Content” means text, graphics, images, music, software (excluding the Application and Site), audio, video, information or other materials.
“Event” means an offering made available to Members through the Services, for which a Member may make a Site Purchase to attend or participate in a meeting of persons, such meetings likely to include but not limited to: classes; retreats; trainings; seminars; gatherings; and, festivals.
“Good” means a tangible item of personal property which is offered for sale by a Host via the Services.
“Host” means a Member who is registered with Yogible as such, for the purpose of offering Goods, Events, or any combination of Products (via Listings) for purchase.
“Listing” means an Event, Good, or any combination of Products that is posted to the Site and/or Application by a Host as available for Site Purchase.
“Member” means a person who completes Yogible’s account registration process as either a Client or Host, as further described below at Section 6: “Account Registration.”
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes on the Site, Application or Services, including in Host Listings or Member profiles.
“Services” means the functionality of the Site, whereby Yogible provides an online or application based platform through which Hosts may create Listings for Events or Products, making them available for Site Purchases, and Users and Members may learn about Events and Goods, and perform Site Purchases.
“Site Content” means all Content that Yogible makes available through the Site, Application, Services, any promotional emails, any offers through social media channels, including any Content licensed from a third party, but excluding Member Content.
“Site Purchase” means a confirmed transaction performed via the Services whereby a Client has purchased a Product or purchased reserved attendance at a future Event.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Host’s may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
2. Use of Site.
Sat Chit Anada, LLC dba Yogible (“Yogible”) provides an online platform (the “Service(s)”) through which Hosts make Events or Goods (collectively, the “Product(s)”) available to Clients for purchase. The Service is accessible at Yogible.com, any of its subdomains, any mobile application for Yogible.com or any of its subdomains, or any other website operated by Yogible on which these Terms of Service are posted by link or otherwise (collectively referred to herein as the “Site”). Applications for mobile, tablet and other smart devices and application program interfaces may be collectively referred to herein as the “Application“.
These Terms of Service make reference to Goods available for purchase through use of this site, however, as of the last updated date of these Terms, the Yogible’s marketplace is non-operational nor does Yogible itself offer Goods for purchase. Prior to making Goods available for purchase, Yogible will update these Terms, and from thenceforth any user will be bound to these Terms in regards to the purchase of any Goods through the Site.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
YOU UNDERSTAND AND AGREE THAT YOGIBLE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND CLIENTS, NOR IS YOGIBLE AN ORGANIZER OF ANY EVENTS CONTAINED IN LISTINGS ON THE SITE, A TRAVEL AGENT IN ANY FORM OR FASHION, NOR A PURVEYOR OF ANY GOODS OFFERED IN LISTINGS. YOGIBLE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, CLIENTS, MEMBERS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON THE SITE AND BECOME A HOST, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH YOGIBLE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY HOST, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF YOGIBLE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF YOGIBLE. YOGIBLE DOES NOT CONTROL YOUR LISTING,OTHER THAN ENSURING COMPLIANCE WITH THESE TERMS OF SERVICE, AND UNLESS OTHERWISE STATED IN THESE TERMS YOGIBLE HAS NO RIGHT TO CONTROL YOUR LISTING. YOGIBLE DOES NOT CONTROL YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR EVENT, OR ANY OTHER MATTERS RELATED TO ANY LISTING OR EVENT, WHICH YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF YOGIBLE.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR TO THE SITE OR APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that Yogible or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that Yogible or other legal entity.
The Site, Application and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site, Application or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years of age or older.
For Users in the United States, Yogible may, to the extent permitted by applicable laws and if we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations of the User. For Users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a User, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports. Yogible may, solely within its own discretion, determine that information gathered through such activities by Yogible is sufficient to determine that a User or Member is not eligible to access the Site, Application, or Services; however, Yogible makes no warranty or representation that such information gathering is being conducted, or that such information gathering requires any specific efforts or creates any specific duties for Yogible.
5. How the Site, Application and Services Work
The Services can be used to facilitate the Listing of Events or Goods or any combination thereof, and Site Purchases of same. Such Events and Goods are included in Listings, which are posted to the Site, Application and Services by Hosts. Users may view some Listings as an unregistered visitor (“Non-Member User”) to the Site or Application. The Listings available to Non-Member Users may, at Yogible’s sole discretion, be abbreviated versions of the Listings that are available to Members.
As stated above, Yogible makes available an online platform or marketplace with related technology for Clients and Hosts to connect online and directly investigate, and possibly purchase, Events or Goods by and from each other. Yogible is not an organizer or promoter of Events, nor a purveyor of Goods. Unless explicitly specified otherwise in these Terms of Service, Yogible’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED SOLELY TO FACILITATE HOSTS AND CLIENTS CONNECTING DIRECTLY TO INVESTIGATE AND POSSIBLY PURCHASE BY AND FROM EACH OTHER GOODS OR EVENTS OF INTEREST TO CLIENTS. SUBJECT TO THESE TERMS, YOGIBLE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EVENTS OR GOODS. YOGIBLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, EVENTS, AND GOODS. ACCORDINGLY, ANY SITE PURCHASES WILL BE MADE OR ACCEPTED AT THE MEMBERS’ OWN RISK.
6. Account Registration
In order to access certain features of the Site, Application and Services, to make a Site Purchase(s) for Event(s) or Good(s) or any combination thereof, or create a Listing for an Event or Good or any combination thereof, you must register to become a Member and create an account (“Member Account“). You may only register to become a Member directly via the Site or Application.
Upon completion of registration, your Member Account and Member profile page will be created for your use of the Site and Application based upon the personal information you provide to us, and whether you have registered as a Client or Host. You may not have more than one (1) active Client account and one (1) active Host account. The same Member may be both a Client and a Host; each type of Membership is registered separately.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Yogible reserves the right to suspend or terminate your Member Account and your access to the Site, Application and Services if you create more than one (1) Host account or more than one (1) Client account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password(s). You agree that you will not disclose your password(s) to any third party.
Unless expressly authorized by a specific feature on the Site, you are not permitted to share your Member Account(s) with anyone or allow others to access or use your Member Account(s). You agree that you will take sole responsibility for any activities or actions under your Member Account(s), whether or not you have authorized such activities or actions. You will immediately notify Yogible of any unauthorized use of your Member Account(s).
Becoming a Member, does not in any way indicate, imply or create a relationship of employee, employer, agent, partner, or joint venture between User/Member and Yogible.
7. Host PayPal Registration.
In order for any Member to complete registration as a Host, it is required that a Member have an active PayPal account to facilitate receipt of payments from Yogible. You acknowledge and agree that any and all information you have submitted to PayPal is complete and accurate, and that in registering with PayPal you have read, acknowledge, and agreed to the PayPal’s applicable legal agreements.
*PayPal is not a sponsor of, or in any way affiliated with Yogible or this Site. For PayPal’s complete terms and conditions, see https://www.paypal.com/ga/webapps/mpp/ua/legalhub-full and https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full. All PayPal ©, ™ and ® are the intellectual property of PayPal and/or its affiliates.
8. Verification of Identity
Hosts may create Listings. To create a Listing, Hosts will be asked a variety of questions about the Event or Good or any combination thereof to be listed, likely including, but not limited to, the location, capacity, size, features, and availability of the Event or Good or any combination thereof, and pricing and related rules and financial terms. In order to be featured in Listings via the Services, all Events and Hosts must have valid physical addresses.
Listings will be made publicly available via the Services. You acknowledge and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Client and Host preferences, ratings and/or timing of Site Purchases.
Clients will be able to make Purchases via the Services based upon the information provided in the Listing, Client’s requirements, and Clients’ search parameters and preferences. Host understands and agrees that once a Client makes a Site Purchase, Host may not change the Purchase Price from what was provided in the Listing at the time of the Site Purchase.
Host acknowledges and agrees that Host alone is responsible for any and all Listings and Member Content he or she posts to the Site, Application and Services. Accordingly, Host represents and warrants that any Listing posted and the Site Purchase thereof (i) will not breach any agreements Host has entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, intellectual property laws, and rules and regulations that may apply (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Yogible assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
If you are a Host, you understand and agree that Yogible does not act as an insurer or as your contracting agent. If a Client makes a Site Purchase of one of your Listings, the resulting agreement, including any future modifications thereto, is solely between you and the Client; Yogible is not a party to it.
When you create an Event Listing, Yogible may, but is not required to, provide the opportunity to also choose to include certain requirements which must be met by the Clients who are eligible to make a Site Purchase of the relevant Listing (such as requiring such Clients to have a profile picture or verified phone number). Any Client wishing to make a Site Purchase for an Event included in Listings with such requirements must meet said requirements in order to complete the Site Purchase.
If you are a Host, Yogible may, but is not required to, make certain tools available to you to help you to make informed decisions about which Clients you choose to allow to make Site Purchases of your Events. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals or entities that participate or are otherwise present at the Event at your request or invitation, including but not limited to Client(s).
Yogible may offer Hosts the option of having photographs, commentary, or other Content made available in relation to Listings. If you, as a Host, choose to upload or otherwise display such Content, it shall be deemed Member Content, and you thereby grant to Yogible a non-exclusive license to use such Member Content, throughout the World, in any way Yogible may elect to use such Member Content.
You agree that you alone are responsible for ensuring that your Listing is accurately represented. You alone are responsible for using the Member Content for your Listing and you warrant that you will cease to use the Member Content if such Member Content ceases to accurately represent your Listing or if you cease to be a Host for the Listing posted. You agree that, despite your discontinuing the use of Member Content or termination of your Membership, Yogible retains its right to and may use the Member Content for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
10. Festival Postings
Subsequent to Account Registration, Members will be able to create postings via the Site to promote any upcoming festival or multi-day event. The function of this element of the Site is limited to providing Members with an alternative channel for communication in regards to these festivals or multi-day events. Yogible’s Service does not provide any e-commerce function to these postings, and any collection or processing of fees or participant inclusion must be conducted through an alternative service provider.
All festival posting submissions will be subject to review and approval by Yogible prior to their appearance on the Site. Approval for posting via this feature of the Site is dependent upon the quality of the Member Content for the festival posting, and the compliance of such Member Content to these Terms.
As an alternative to submitting your festival posting for approval by Yogible, you may also contact Yogible and request that Yogible create a festival posting for you or your company. Each request will be independently evaluated by Yogible, and you acknowledge and agree that it is solely up to the discretion of Yogible to provide its resources to you in creating a festival posting. To contact Yogible for more information about creating your own, or having Yogible create a festival posting for you, click here.
11. No Endorsement/Assurance/Insurance
Yogible does not endorse any Member, Listing, Event or Good or any combination thereof. You understand that Member Content is intended only to indicate a photographic or narrative representation of the Event or Good or any combination thereof. Member Content is therefore not an endorsement by Yogible.
Members are required by these Terms of Service to provide accurate information. Although Yogible may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources; we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
We strongly recommend that Members always exercise due diligence and care when deciding whether to make a Site Purchase, or to otherwise have any other interaction with any other Member. Yogible is not responsible for any damage or harm resulting from interactions between Members.
Yogible strongly recommends that Hosts obtain appropriate insurance for their Events or Goods or any combination thereof. Please carefully review any insurance policy that you may have, and in particular, please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policies, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Client(s) while at your Event or in using your Goods.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties whom you allege to have caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Yogible with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against Yogible regarding the remittance of payments received from a Client by Yogible on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
12. General Terms regarding Purchases and Payment
“Booking Fee(s)” means the fee that Yogible charges a Client for use of the Services, which is calculated as a percentage of the applicable Purchase Price. The standard Host Fee is 8% of the Purchase Price.
“Payout” means the amount paid to the Host after Yogible has collecting fees from Client(s).
“Purchase Price” means the amounts that are due and payable by a Client for the Client’s Site Purchase of an Event or Good, less any applicable service fees or taxes.
B. Payment and Payout
In the course of your use of the Services, you acknowledge and agree that Yogible may use a third party payment service that may receive and implement credit card information you have submitted for use of such Services. Yogible’s third party payment service will collect the full Purchase Price from Clients on behalf of Yogible. Thereafter, Yogible will collect the applicable Host Fee and remit the Payout to the Host. You acknowledge and agree that you, and not Yogible, are responsible for and will bear the cost of any transfer fee associated with the Payout.
You acknowledge and understand that Yogible may, at its own discretion change, update, or add third party payment service Hosts to receive Payments from Clients and/or send Payouts to Hosts. You agree to not hold Yogible liable for any delay in processing a Payment of Payout that is controlled by a third party payment service Host. You further acknowledge and agree that once the Payment has been received by Yogible, Yogible has no less than ten (10) calendar days to provide the Payout to the applicable Host.
C. Site Purchases
When a Site Purchase is made, Yogible will collect the Purchase Price, less any taxes for which Host is liable and Yogible is required to retain from or charge to Host, and will initiate the process of payment of the Purchase Price to the Host. If the Host has authorized a Site Purchase to be reserved through partial payment, Yogible will collect a minimum of 15% of the Purchase Price (the “Deposit”), whereafter Client will check the box acknowledging an intent to pay the balance of the Purchase Price by the date specified in Host’s Listing. Failure to pay the balance of the Purchase Price by the date specified in the Host’s Listing may result in cancellation of the Site Purchase pursuant to these Terms, and may also result in a forfeiture of the Deposit to Yogible and the Host.
Once a Site Purchase is made, the Host of the Listing will be given necessary information regarding the Client, including but not limited to the Client’s Member name, and information regarding contacting the Client in regards to their Site Purchase. Additionally, Company will send the Host and the Client a Communication confirming the Site Purchase.
If a Host is unable to fulfill a Site Purchase, any amounts collected by Yogible for the Site Purchase will be refunded to the applicable Client pursuant to the Refund and Cancellation Terms.
Host expressly agrees that Yogible may, in accordance with the Refund and Cancellation Terms: (i) permit the Client to cancel the Site Purchase; and (ii) refund to the Client that portion of the Purchase Price or Total Price that is determined appropriate under the Refund and Cancellation Terms.
Hosts shall not discriminate Clients on the basis of race, color, religion, gender, gender expression, age, national orientation, sexual orientation, military status, nor harass nor harm any individual or group in any of its activities or operations. Failure to adhere to Yogible’s Host Non-discrimination policy may result in deactivation or termination of the Host’s Listing and/or Account pursuant to these Terms, as may be amended from time to time.
The Purchase Price payable for Events or Goods will be displayed to the Client before confirmation of a Site Purchase. When a Site Purchase is made, Yogible will either initiate a collection of the Purchase Price, or if applicable, a collection of the Deposit. If a Site Purchase is thereafter cancelled, Client acknowledges and agrees that the amounts to be returned shall be controlled by Yogible’s Refund and Cancellation Terms.
Client understands that the Hosts, not Yogible, are solely responsible for honoring any Site Purchase and making available any and all Events or Goods. Client further acknowledges and agrees that, other than the collection of Payment, Yogible is not a party to any agreements arising from Client’s Site Purchase(s), and that Yogible and its subsidiaries disclaims any and all liability arising from or related to any such agreements.
13. Service Fees and Other Fees
In consideration for the use of the Services, Yogible charges a fee that is a percentage of the Purchase Price (the “Service Fee(s)”). Unless otherwise authorized through a promotional or marketing campaign, the Service Fee will be 8% (the “Standard Fee”) of the total Purchase Price of an Event or Good or any combination thereof. Yogible collects these Service Fees pursuant to the Payments Terms in Section 11, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Booking Fees and Client Fees. Yogible deducts the Service Fees and, if required, any Taxes from the Purchase Price before remitting the balance to the Host as described in the Payments Terms.
The collection and remittance of any Taxes are solely the responsibility of Hosts. However, if any applicable Taxes are collected by Yogible, will be shown to Clients via the Services at checkout, prior to Client’s confirmation of their desire to complete a Site Purchase. Additionally, Yogible will disclose applicable Booking Fees and Taxes collected by Yogible to Hosts via the Services.
14. Refund and Cancellation Terms
Section 13 of these Terms provide general information about Yogible’s Refund and Cancellation Terms. Additional details regarding the refunds and conditions associated with various cancellation policies are available on the Site at Yogible’s Refund and Cancellation Terms. If, as a Client, you wish to cancel a Site Purchase made via the Site, Application and Services, the Host’s cancellation policy provided in the Listing, in conjunction with the Refund and Cancellation Terms, will apply to such cancellation.
Hosts are responsible for providing refunds to Clients, pursuant to these Terms, Yogible’s Refund and Cancellation Terms, and the Listings applicable cancellation policy. Yogible is not responsible for refunding any of Client’s fees. Nevertheless, upon receiving notice that Host is not complying with the Refund and Cancellation Terms herein, Yogible may immediately deactivate or terminate Member’s Listing and/or Account pursuant to these Terms, as may be amended from time to time.
Hosts may use any third party payment provider to send refunds to Clients, whereby the transaction will be subject to any such third party payment provider’s terms of service. Any such refund must be sent within one week of the cancellation of the Site Purchase. If Client agrees, the refund may be applied to another Site Purchase between the Host and Client.
If a Host cancels or is unable to fulfill a Site Purchase made via the Site, Services, and Application, the Refund and Cancellation Terms, will apply to such cancellation. Our ability to refund the Purchase Price, Client Fees and other amounts charged to Client, as well as remit any amounts to Host, will depend upon the terms of the applicable policies, including the Refund and Cancellation Terms.
In certain circumstances, Yogible may decide, in its sole discretion, that it is necessary or desirable to cancel a Site Purchase made via the Site, Application and Services. In such situations, Yogible will refund to the Client all of the amounts charged to the Client for the Yogible cancelled Site Purchase. Members agree that Yogible will not have any liability for such cancellations or refunds, beyond the amounts collected from the Client for said Yogible cancelled Site Purchase.
Subject to other relevant portions of these Terms, Members are responsible for any modifications to an Event which a Member directs Yogible to make, and hereby agree to pay any Purchase Price, Service Fees, and/or Taxes associated with such a modification.
Failure to comply with this Section of the Terms and/or Yogible’s Refund and Cancellation terms may result in deactivation or termination of Member’s Listing and/or Account pursuant to these Terms, as may be amended from time to time.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Hosts, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host required to provide us with a completed IRS Form W-9 and you fail to do so), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Yogible cannot and does not offer Tax-related advice to any Members.
You acknowledge that you are solely responsible for any transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
16. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies Yogible endorsement, partnership or otherwise misleads others as to your affiliation with Yogible;
- dilute, tarnish or otherwise harm the Yogible brand in any way, including through unauthorized use of Collective Content, registering and/or using Yogible or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Yogible domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms of Service;
- infringe the rights of Yogible or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage the Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Listings you create on the Site, Application or Services;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Client or Host;
- offer, as a Host, any Event or Good that you do not yourself own or have license to offer for Site Purchase(s);
- offer, as a Host, any Event or Good that may not be Purchased pursuant to the terms and conditions of an agreement with a third party;
- contact another Member for any purpose other than asking a question related to a Site Purchase, Event, Good, or Listing;
- recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Yogible, without Yogible’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Host or Client and then complete a transaction involving a purchase of a Good or Event independent of a Site Purchase made via the Site, Application or Services;
- as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- violate these Terms of Service;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) portrays yourself by photo or drawing as clown in a predominantly brown sports coat; (iv) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, sexism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Yogible’s name, any Yogible trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Yogible’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Yogible’s computer systems, or the technical delivery systems of Yogible’s Hosts;
- attempt to probe, scan, or test the vulnerability of any Yogible system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yogible or any of Yogible’s Hosts or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Site Purchase(s) outside the Site, Application or Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Service; (ii) accept all risks and responsibility for such payment, and (iii) hold Yogible harmless from any liability for such payment.
Yogible has the right to investigate and, if applicable, pursue prosecution for violations of any of the above to the fullest extent allowed under the law. In addition, and as set in these Terms of Service, Yogible may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Member Account, for a violation of this Section or these Terms.
Yogible may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Yogible or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms of Service, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Yogible, its Users, or members of the public. You acknowledge that Yogible has no obligation to monitor your access to or use of the Site, Application, Services or to review, remove, disable access to or edit any Member’s Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable, or as set forth in these Terms. Yogible reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Yogible, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service, or otherwise harmful to the Site, Application or Services.
17. Reporting Misconduct
If you encounter on the Site, Application or Services, or at an Event you attend anyone you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities, and then to Yogible, by providing us with the authority to whom you made such a report, along with the report number; provided that your report will not obligate Yogible to take any action beyond that required by law (if any) or cause us to incur any liability to you, any other Member or User, or any third party.
19. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Yogible and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Yogible used on or in connection with the Site, Application, Services, and Site Content are trademarks or registered trademarks of Yogible in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Collective Content are used for identification purposes only and may be the property of their respective owners.
20. Application License
Subject to your compliance with these Terms of Service, if Yogible provides a downloadable version or component of the Application, Yogible grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
21. Collective Content License
Subject to your compliance with these Terms of Service, Yogible grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Site Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Yogible or its licensors, except for the licenses and rights expressly granted in these Terms.
22. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Yogible promotional campaigns, you hereby grant to Yogible a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of, or to promote or market the Site, Application and Services. Yogible does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Yogible promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Yogible promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Yogible the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Yogible’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Yogible promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that Yogible is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Yogible of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
24. Term and Termination, Suspension and Other Measures
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Yogible terminate these Terms as described below.
B. Termination for convenience
You, as a Member, may terminate these Terms at any time via the “Cancel Account” feature on the Site or Application, or by sending us an email to that effect. If you cancel your Member Account as a Host, any Site Purchase(s) for Event(s) which have not fully occurred at the time of the cancellation, or Goods which have not been delivered to Client(s) at the time of the cancellation, or any combination thereof will be automatically cancelled, and pursuant to the Refund and Cancellation Terms, the Host will be required to provide Client(s) with a refund for their Site Purchase. If you cancel your Member Account as a Client, any Site Purchase(s) for Event(s) which have not fully occurred at the time of the cancellation, or Good(s) which have not been delivered to you at the time of the cancellation, will be automatically cancelled and entitlement to any refund will be made subject to Yogible’s Refund and Cancellation Terms.
Without limiting our rights specified below, Yogible may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
C. Suspension, termination for breach and other measures
Yogible reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Yogible, in its sole discretion, considers to be objectionable for any reason, is in violation of these Terms of Service, or is otherwise harmful to the Site, Application or Service.
Yogible may immediately, without notice, terminate these Terms of Service as to certain Members if: (i) the Member(s) have materially breached these Terms, including but not limited to any breach of warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms; (ii) the Member(s) have provided inaccurate, fraudulent, outdated or incomplete information during the Member Account registration, or Listing process or thereafter; (iii) the Member(s) have violated applicable laws, regulations or third party rights; or (iv) Yogible believes in good faith that such action is reasonably necessary: (a) to protect the safety or property of other Users, Members, Yogible or third parties; or (b) for fraud prevention, risk assessment, security or investigation purposes.
Additionally, Yogible may deactivate or delay Listings or other Member Content, cancel any pending or confirmed Site Purchases, limit Members and Users access to the Site, Application or Services, or temporarily or permanently suspend a Member’s Member Account if: (i) the Member(s) have breached these Terms, including material and non-material breaches; (ii) the Member(s) receive an unreasonably large number of poor ratings from Hosts or Clients; or (iii) Yogible believes in good faith that such action is reasonably necessary: (a) to protect the safety or property of other Users, Members, Yogible or third parties; or, (b) for fraud prevention, risk assessment, security or investigation purposes.
If Yogible takes any of the measures described in this Section, Yogible may (i) communicate to your Clients or Hosts that a pending or confirmed Site Purchase has been cancelled, (ii) refund Clients in full for any and all Site Purchases, irrespective of preexisting cancellation policies, (iii) support Clients, on an exceptional basis, in finding potential alternative Events or Goods, and (iv) determine whether a Member is entitled to any compensation for Site Purchases that were cancelled.
In case of non-material breaches and where appropriate, Yogible may give the breaching Member(s) notice of said non-material breach and a reasonable opportunity to resolve the issue to Yogible’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content. When this Agreement has been terminated, you are not entitled to a restoration of your Member Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Member Account has been suspended or this Agreement has been terminated by us, you may not register a new Member Account or attempt to access and use the Site, Application and Services through other Member Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOGIBLE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER. BUT, MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YOGIBLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOGIBLE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, EVENTS OR GOODS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, AND LISTINGS MAY CONTAIN CERTAIN HISTORICAL INFORMATION; HISTORICAL INFORMATIN, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR REFERENCE ONLY. YOGIBLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EVENTS OR GOODS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOGIBLE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES, AND WITH OTHER THIRD PARTIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT YOGIBLE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES, OR TO REVIEW, USE OR ATTEND ANY EVENTS OR GOODS. YOGIBLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES
26. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTINGS OR SITE PURCHASES OF ANY EVENT OR GOOD, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SITE OR MEMBERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER YOGIBLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR SITE PURCHASE OF ANY EVENT OR GOOD, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOGIBLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL YOGIBLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR SITE PURCHASE OF ANY EVENT OR GOOD, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT, OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS OR USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SITE PURCHSAES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY YOGIBLE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMAPNY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Yogible and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Site Purchase of an Event or Good, or (iii) creation of a Listing; and (d) the use, content or condition of an Event or Good acquired by you through a Site Purchase, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Site Purchase or use of an Event or Good.
28. Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Event or Good is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Yogible does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
29. Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional terms for a specific feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Yogible and you regarding the Site, Application, Services, Collective Content, any Listings of Events or Goods or Site Purchases, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yogible and you regarding Site Purchases or Listings of Events or Goods, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Yogible’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Yogible may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Yogible (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application.
32. Controlling Law and Jurisdiction
These Terms and your use of the Site, Application and Services will be interpreted in accordance with the laws of the State of Oregon and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Lane County, Oregon or a United States District Court, District of Oregon, for any and all actions.
The failure of Yogible to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yogible. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
34. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
35. Contacting Yogible
If you have any questions about these Terms, please contact Yogible by clicking here.
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