Last updated on December 8, 2024
Introduction
These Terms of Use is a binding contract between you, whether as an individual user or on behalf of an entity (“Yogidyllic User”, “User”, “you”, or “your”) and Yogidyllic (“The Company, “Yogidyllic”, “we”, “us”, or “our”) governing your use of the mobile software application that Yogidyllic developed, operated, distributed, and makes available for download (individually and collectively, the “App”, “Application”) via application stores the Apple App Store and the Google Play Store, the related website located at www.yogidyllic.com, and any other online properties owned, controlled by, or on behalf of, Yogidyllic (collectively with the App, the “Service”).
By accessing or using the Service, you confirm that you are at least 18 years of age, or your parent or legal guardian who is at least 18 years of age has read, agreed, consented, directly supervised your use of the Service. The Service is not for use by persons under the age of 13. If you are under 13 years of age, you must not use or access the service at any time or in any manner.
We do not knowingly accept, request, or solicit information from, or market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we receive information that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete such information from the Application as soon as possible.
The Service gives the user the opportunity to take yoga sessions and courses solely for your personal use. Yoga sessions and courses are available in a variety of skill levels, benefits, goals, indications, targets, organs, and positions, and for varying durations. Not all sessions and courses will be available in perpetuity and are subject to change at any time with or without prior notice, and without any liability to the user.
The Service may be accessed via a mobile phone, tablet, or other wireless device. Your mobile carrier’s standard messaging, data, and other rates and fees will apply to your use. Using some or all parts of the Service may be prohibited or restricted by your mobile carrier. The Service may not work with all carriers or devices. You are solely responsible for checking with your mobile carrier to determine if the Service is available for your mobile device(s), and what restrictions, if any, may be applicable to your use of the Service, and how much it will cost you.
Acknowledgment
By installing, clicking on the "sign up" button, where applicable, or otherwise accessing, or using the service, on any mobile device, you confirm that you have read, understood, and agree to be legally bound by these Terms of Use and any other applicable law. If you do not agree with any or all of the terms and conditions, then you are expressly prohibited from using the Service, your only option is to discontinue use of the Service immediately.
You acknowledge the following:
1. The Service is licensed, and not sold, to you;
2. You use the Service at your sole risk, and you should consult with a doctor or other medical professional/s before you start using the Service;
3. The use of the Service may be subject to third-party’s terms of use and fees, including, but not limited to, your mobile carrier’s, including fees charged for data usage and overage, which are your sole responsibility;
4. You consent to the collection, use, transfer, disclosure, storage, and safeguarding of your personally identifiable information as set forth in Yogidyllic’s Privacy Policy;
5. We provide the Application to you on an “as is” basis without any warranties;
6. Yogidyllic’s liability to you is limited;
7. Any dispute arising between you and Yogidyllic will be resolved by informal negotiations or binding arbitration;
8. By accepting this Terms of Use, you and Yogidyllic are each waiving the right to a trial by jury or to participate in any class action lawsuit.
User Accounts
Your user account may be accessed by entering your credentials on any platform which the Service operates. To create a user account, you must be at least 18 years of age, and are required to complete a registration via the Service. User accounts for persons from age 13 to 18 years can be created by a parent or legal guardian.
If in our sole discretion we determine that your username is inappropriate, obscene, or otherwise objectionable, we reserve the right to remove, reclaim, disallow, cancel, remove, or reassign, or otherwise change the username you select.
Certain features of the Service may be accessible only to registered users.
You may be required to register with the Application.
You acknowledge that you are solely responsible for maintaining the security and confidentiality of the password that You use to access the Service and any and all activities or actions that occur through the use of your Account password and other credentials, whether your they are with Our Service or a Third-Party Social Media Service.
You may not the credentials for your Account with any third party. As a registered user of the Service, you must not sell, disclose, or otherwise transfer your account credentials to any third party.
You will not access the Application through automated or non-human means, such as via a bot, a script or otherwise.
You agree to notify Yogidyllic immediately at contact@yogidyllic.com if you suspect or upon becoming aware of any unauthorized use or breach of security of your log-in or account credentials.
Yogidyllic will not be liable or responsible for any loss or damage arising from the unauthorized use of your account credentials prior to bringing such issue to Yogidyllic’s attention.
When creating and using an Account for use of the Service, you represent and warrant that you are providing true, accurate, current, and complete registration information to Yogidyllic. You will keep your information accurate and promptly update your information as necessary. If you provide any information that is untrue, inaccurate, not up-to-date, or incomplete, such as for example misrepresenting your identity by registering an account using another person’s name, this constitutes a breach of the Terms of Use, which may result in immediate suspension or termination of Your account on Our Service. We reserve the right to refuse any and all current or future use of a portion or the entirety of the Application.
To access to and use the Service, you may be asked to provide certain personal information. Any and all the matters regarding Your personal information provision are subject to our Privacy Policy. You agree to be bound by our Privacy Policy by using the Service. You are advised to review the Privacy Policy carefully.
By using the Service, you agree that electronic communications, such as the use of electronic signatures, contracts, orders, and other records, and the delivery of notices, agreements, disclosures, policies, and records of transactions initiated or completed by us or via the site or via the application, satisfy any legal requirement that such communication be in writing. You agree to waive any rights or requirements of an original signature, or the delivery or retention of non-electronic records, or to the payments, or the granting of credits by any means other than electronic means, under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction.
The Service offers subscription to the Content which may be purchased as an in-app purchase via the Application. By making the In-App purchase, you are granted the right to access the features of the Service on any platform across which the Service operates using your account credentials.
By purchasing subscription to the Content via the Application, you will pay the applicable fees and any related taxes disclosed to you through the Application as they become due to the app store from which you have downloaded the Application, such as the App Store or the Play Store.
By signing up for certain subscriptions, including free trial subscriptions that give you access for a period of time, you authorize the App Store or Play Store to automatically charge you for the agreed upon renewal term, until you proactively cancel a subscription or a free trial at least 24 hours before the end of the free trial or the current subscription period, or otherwise in accordance with the cancellation procedures disclosed to you for the particular subscription, to avoid being charged by your app store. We may send you a reminder when your free trial is about to end or when your next cycle and bill with start, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end or when the next billing cycle starts. The period of auto-renewal for each billing will be the same as your initial subscription period unless otherwise disclosed to you through the Application and/or email.
If you need assistance on how to cancel a subscription or a free trial, please visit the Apple Support website or the Google Play Help.
Deleting the app does not cancel your subscriptions and free trials.
We may change subscription fees at any time to the maximum extent permitted by applicable laws. We will provide you a reasonable notice period of any pricing changes by posting the new rates on the Application and/or by sending you email notification. If you do not wish to pay the new rates, you can cancel your subscription prior to the change going into effect.
We will not refund accrued fees. We do not prorate fees for a cancelled subscription.
The renewal rate will be no more than the rate for the directly prior subscription period, not including any promotional and discount pricing, unless we notify you of a fee change prior to your new billing cycle.
We reserve the right to alter or terminate any free trial offer, your access to the Service during the free trial offer period, or any of these terms, without prior notice and without liability.
We reserve the right to limit users from taking advantage of multiple free trials.
The Service and your rights to use it expire at the end of the paid period of your subscription.
If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue. We also on the other hand reserve the right to disable or terminate your access to the Service and may do so without notifying you.
You may be offered add-on items to your subscriptions for an additional fee. Your subscription is not contingent on this optional purchase. If you opt to purchase such add-on items, you will be promptly charged the applicable rate indicated on the purchase screen. Add-on items do not provide for a free trial and are a one-time purchase that is final and cannot be cancelled.
You authorize the App Store or Play Store to charge the applicable fees to the payment card that you submit.
Subscriptions as well as add-on items purchased via an App Store and Play Store are subject to their respective refund policies. We cannot grant refunds. You will have to contact an App Store or Play Store support.
Content
“User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, but not limited to texts, comments, and other works, subject to protection under the laws of the United States or any other jurisdiction, which include but are not limited to not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Content from Yogidyllic.
Yogidyllic provides you the ability to post User Content, submit User Content to or transmit User Content through the Service. The Service may allow you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials and other contributions, such as text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information, or other materials.
Yogidyllic has no obligation to monitor your Contributions, but reserves the right in our sole and absolute discretion, at any time and for any reason, without notice:
1. to pre-screen any Contributions and determine whether or not any Contribution is appropriate and complies with this Terms
2. to re-categorize any Contributions in more appropriate areas on the Application; and
3. to edit, reformat, redact, remove, disallow, block, or delete, or otherwise change any Contributions.
Yogidyllic can limit or revoke the use of the Service if you post such objectionable Content. Yogidyllic, however, cannot control all content posted by users and/or third parties on the Service, is not responsible for the content of the Service's users, and does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content by you or other users in any area on the Application. You agree to use the Service at your own risk.
By using the Service, you agree that you are solely responsible for your Contributions to the Service, including its legality, reliability, and appropriateness, and for all activity that occurs under your account, whether done so by You or any third person using Your account. You expressly agree to exonerate us from any and all responsibility, and to refrain from any legal action against us regarding your Contributions.
By using the Service, you express understanding and agreement that you may be exposed to content that you may find offensive, indecent, incorrect, or otherwise objectionable. By using the Service, you agree that Yogidyllic will not liable in any way and under no circumstances for any content, any errors or omissions in any content, or any kind of loss or damage suffered as a result of your use of any user content.
We do not claim any ownership over your Contributions. You retain any and all of the Contributions you submit, post or display on or through the Service and any intellectual property rights or other proprietary rights associated with your Contributions. You are responsible for protecting those rights.
By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you agree to automatically grant and you represent and warrant that you have the right to grant Yogidyllic an unrestricted, non-confidential, non-proprietary, assignable, sublicensable, irrevocable, royalty-free, unlimited, perpetual, non-exclusive, transferable, fully-paid, worldwide right, and license to use, modify, reproduce, distribute, publicly display, communicate to other users and the public, publicly perform, make available, create derivative works from, incorporate into other works, retransmit from External Sites, license to host, copy, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, reformat, translate, and otherwise exploit and use by any means and through any media formats and through any media channels now or hereafter known or developed, all or any portion of the User Content you Post to or through the Service as well as your username, image, voice, any likeness to identify you, your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide, as the source of any of your User Content, for the purposes of advertising, marketing, and promoting the Service and providing the Service as authorized by this Terms of use without inspection, approval, or prior notice to you and without any liability to Yogidyllic.
Through your continued use of the Application or Services, you agree that you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States, even if you access and use the Application from the European Union, Asia, or any other jurisdictions with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States.
You represent and warrant that:
1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use the contributions posted by you on or through the Service, and otherwise have the rights and the license and to grant and authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and as provided in these Terms of Use.
2. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use their name or likeness to enable inclusion and use of your Contributions in any manner contemplated by the Application and as provided in these Terms of Use.
3. The creation, distribution, transmission, public display, performance, accessing, downloading, copying, posting, or otherwise use of your Contributions on or through the Service, does not and will not infringe the proprietary rights, including but not limited to the copyrights, patents, trademarks, trade secrets, moral rights, privacy rights, publicity rights, contract rights, intellectual property rights, or any other rights of any third party, and does not violate or result in a breach of contract between you and a third party.
4. We will not be, and instead you are, required and be responsible to obtain any further licenses from or pay all monies, including but not limited to, any royalties, fees, compensation, or other amounts, or provide any attribution owing to any third parties as a result of your contributions on the Service.
Your Contributions may be viewable by other users of the Service and through third-party websites. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with all or a portion of your Contributions.
To the extent that any moral rights are not transferable or assignable, you waive your moral rights and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any of your Contributions to or through the Service, and you warrant that moral rights have not otherwise been declared in your User Content.
You represent and warrant not to in any way use the Service, or create, submit to us or to the Service or to any user of the Service, or otherwise make available any Contributions to the Service, that are or could be interpreted in any respect to be objectionable, which may include, but are not limited to, the following:
1. Infringing on or breaching any proprietary rights of any party, including patent, trademark rights, trade secrets, copyright, and broadcasting rights, or any other intellectual property rights, or the rights of privacy or publicity, or other rights of another person or entity other than You without appropriate authorization.
2. Contributions that are false, inaccurate, out-of-date, or misleading, including but not limited to, impersonating any person or entity, or misrepresenting a relationship with any person or body, including the Company and its employees or representatives.
3. Contributions that are unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, machine – or randomly – generated spam, mass mailings, or other forms of solicitation, or any form of lottery or gambling.
4. Contributions involving your use, delivery, installation, or transmission of any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, detrimentally interfere with, damage, or limit the functioning of any software, hardware or telecommunications equipment, or surreptitiously intercept or expropriate, or otherwise obtain unauthorized access to any system, data, personal information, or information of a third person.
5. Contributions that are determined by us to be obscene, lewd, lascivious, indecent, pornographic, vulgar, profane, filthy, embarrassing, malicious, or otherwise objectionable.
6. Contributions that include offensive references or commentary connected to race, religion, national/ethnic origin, gender identity, sexual preference, physical handicap, or other targeted group, as well as contributions that ridicule, bully, harass, mock, disparage, intimidate, or that are derogatory, abusive, menacing, defamatory, discriminatory, mean-spirited, harmful, hateful, libelous, slanderous, shocking, threatening, bigoted, intolerant, violent, or inciting violence (including suicide), or otherwise in violation of any applicable laws (including laws related to speech).
7. Contributions that advocate and support the violent overthrow of any government, or incite, encourage, or threaten physical harm against other individuals.
8. Contributions that violate and breach any applicable law, statute, regulation, rule, or by-law of any applicable jurisdiction, and/or promote unlawful activity.
9. Contributions that contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, as well as violating any federal or state law concerning child pornography.
10. Contributions that may be against our interests, or otherwise violate, or link to material that violates, any or all provisions, rules or requirements that we stipulate on these Terms of Use of the Service, or any applicable law or regulation.
The Posting of any Objectionable Contributions may subject you to third-party claims against which none of the rights granted to you in this Terms of use may be used as a defense. If you encounter any Objectionable Contributions on the Service, then please immediately email contact@yogaidyllic.com.
Yogidyllic may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Contributions on the Service, at its sole and absolute discretion. Any use of the Application in violation of these Terms of Use may result in, among other things, suspension or termination of your rights to use the Service.
We will maintain certain data that you transmit to the Service for the purpose of managing the Service, as well as data relating to your use of the Service. Regular backups of user Content are performed; however, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup may be due to but not limited to Content that is corrupted prior to being backed up or content that changes during the time a backup is performed. Yogidyllic will provide support and make attempts to troubleshoot any known or discovered issues that may affect the backups of user Content. You are ultimately solely responsible for all data that relates to any activity you have undertaken using the Service.
You acknowledge that the Company has no liability for any loss or corruption of any such data or the failure to successfully restore Content to a usable state, and you waive any right of action against us arising from any such loss or corruption of data.
You acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Yogidyllic other than pursuant to this Terms of use.
User Feedback
While we are constantly working on evaluating and improving our Service ideas and features. We welcome your feedback, comments, suggestions, reviews or ratings and may provide you areas on the Application to leave them. Regardless of what your submission may say, you agree that:
1. you should have firsthand experience with the Service being reviewed;
2. your Submissions are original or you have the right to submit such Submissions;
3. your reviews should not contain offensive, profane, abusive, racist, or hateful language;
4. your reviews should not contain discriminatory statements related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
5. your Submissions should not contain statements pertaining to illegal activity;
6. you should not be affiliated with competitors if you are submitting negative reviews;
7. you should not make any conclusions as to the legality and legitimacy of conduct;
8. you should not post any dishonest or misleading statements; and
9. you should not form a campaign encouraging others to submit reviews, whether positive or negative.
It is in our sole discretion to accept, reject, or remove reviews, as they are not endorsed by us, and do not necessarily represent the opinions or the views of the Company and/or any of our affiliates or partners. We are not liable for any review, and for any claims, liabilities, or losses resulting from any review.
You acknowledge and agree that Yogidyllic is not under any obligation, for any reason, to keep, screen, review, consider, delete, or otherwise implement, to return to you, all or a portion of questions, comments, suggestions, ideas, feedback, reviews, or other information, provided by you to us regarding the Application.
You irrevocably grant Yogidyllic non-exclusive, perpetual, irrevocable, royalty free, fully-paid, assignable, unlimited permission, title and interest, worldwide right and license, including all intellectual property rights, to use, reproduce, disclose, sub-license, translate, transmit, distribute, modify, and exploit, and by any means, the feedback and its derivatives, for any lawful purpose, including making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate feedback, whether in whole or in part, and whether as provided or as modified, without restriction, without acknowledgment or attribution of any kind, and/or charge or compensation to you, and shall become our sole property. You agree that we will not be liable for any alleged or actual violation of any proprietary right in your submissions.
Intellectual Property
Subject to your eligibility to use the Application, and complete and continuing adherence to the terms of use, Yogidyllic hereby grants you your own, limited, revocable, non-transferable, non-exclusive, non-sublicensable, limited license and right to install, access and use the Service on wireless electronic devices owned or controlled by you, exclusively for your personal, non-commercial use, while reserving all rights not expressly granted to you.
Except for User Contributions, including personal information, all content that Yogidyllic offers and provides to you on or through the Service, including but not limited to, workout programs, texts, illustrations, photos, designs, voiceovers, sounds, music, videos, scripts, source code, databases, software, applications, and all other content and interactive features, as well as functionality, will remain the exclusive property of and may be protected by copyright or other intellectual property rights by Yogidylllic or its third-party licensors.
Yogidyllic trademarks, service marks, trade names, trade dress, logos and other materials used and displayed on the Service and protected by copyright, trademark, patent laws and other intellectual property rights and unfair competition laws of both the United States, foreign jurisdictions, and international conventions, are owned, controlled, registered and/or licensed by us. You may not use any trademarks, service marks, trade names, trade dress, logos and other materials as part of a link to or from the Service without our prior express written consent. You may not remove any trademarks, service marks, trade names, trade dress, logos and other materials identifying the ownership or origin of any our Content. All goodwill generated from the use of any Yogidyllic trademarks, service marks, trade names, trade dress, logos and other materials will inure exclusively to Yogidyllic’s benefit.
When using the Service, in addition to and without limiting any other restrictions set forth in this Terms of use, you agree not to:
Any attempt to do the aforementioned is a violation of our rights as a licensor. If you breach this restriction, you may be subject to prosecution and damages.
We reserve the right, but are not obligated, to do any of the following, in our sole discretion and without limitation, notice, or liability:
1. monitor the Service for infractions of these Terms of Use;
2. take appropriate legal action against, including without limitation, reporting to law enforcement authorities, anyone who we determine has violated these Terms of Use or the law;
3. refuse or restrict access to, limit the availability of, or disable to the extent that is feasible technologically, all or a portion of your Contributions;
4. remove or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, from the Application;
5. manage the Application in a way that protects our rights and property and enables the proper operation of the Application.
Copyright Policy
We respect the intellectual property rights of others and take the protection of intellectual property very seriously; we ask you to do the same.
Our policy is to respond to any claim that any content on the Service infringes a copyright or other intellectual property right of an individual or company.
Our intellectual property policy is to:
1. remove or disable access to any material that Yogodyllic believes in good faith, by being made available through the Service, is infringing the intellectual property of a third party, upon notice from an intellectual property owner or his or her agent.
2. remove any contribution provided to the Service by “repeat infringers” who are users that have uploaded User Content or User Feedback to or through the Service and due to whose content and feedback we have received more than two takedown notices and claims related to intellectual property infringement. However, we reserve the right to terminate the Account of any user after we have received one notice of claimed infringement, or upon our own determination.
If you are a copyright owner, or authorized on behalf of one, and if you believe that any content or material made available on or through the Service has been used, copied, or otherwise exploited in a manner that infringes upon an intellectual property right your party owns or controls, please immediately bring to the attention of our Designated copyright agent via contact@yogidylloc.com, in writing a “Notification of Claimed Infringement”, which includes a detailed description of the alleged infringement. Upon receipt of a notification, we will take whatever action we deem appropriate, in our sole discretion, including but not limited to, disclosing your Notification of Claimed Infringement with the party addressed in the Notification and alleged to have who posted or stored the material, or otherwise infringed a right your party owns or controls, with you implied consent, and removal from the Service of the material in question.
You may submit notifications that meet the requirements of the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following substantial information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right to the work(s) that has/have been allegedly infringed;
2. identification of the copyrighted work or material, or a representative list of multiple copyrighted works or materials, if such are included a single notification, claimed or alleged to have been infringed;
3. identification of the specific material that is claimed to be infringing, is the subject of infringing activity, is to be removed, or access to which is to be disabled, and any information reasonably adequate to allow us to locate such material;
4. information reasonably adequate to allow us to contact the complaining, including an address, phone number, and email address, if available, at which the complaining party may be contacted;
5. a statement that the complaining party believes, in good faith, in the lack of authorization from the copyright owner, its agent, or the law for the disputed use of the material in the manner complained of;
6. a statement that the information in the notification is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon, and under penalty of perjury.
If you receive a notification from us that a material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, or if you believe your own copyrighted material has been removed from the Application as a result of a mistake or misidentification, then you have the right to provide our Designated Copyright Agent with a Counter Notification in writing at contact@yogidyllic.com, and include the following substantial information:
1. your name, address, and phone number;
2. identification of the material removed or disabled and the location at which the material appeared before removal or access to which was disabled;
3. a statement that you believe, in good faith, that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled, under penalty of perjury;
4. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or for any judicial district in which we are located, if your address is outside the United States;
5. a statement that you will accept service of process from the party or the party’s agent that submitted the Notification;
6. your physical or electronic signature.
If your submitted written Counter Notification is considered valid and meeting the abovementioned requirements, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification regarding filing a court action to restrain you from engaging in infringing activity related to the material contested.
If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, then we will promptly disclose your Counter Notification to the party who provided the Notification of Claimed Infringement, and inform that party that we will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and we will replace the removed User Content or Feedback or cease disabling access to it in 10 to 14, business days following receipt of the Counter Notification, unless our Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement regarding filing an action seeking a court order to restrain you from engaging in infringing activity related to the material in question on our system or network.
The Copyright Act provides that any party who knowingly materially misrepresents that a material or activity is infringing, or that the material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including attorneys’ fees or other related costs, incurred by us the party who is injured by such misrepresentation, including the alleged infringer, any copyright owner or copyright owner’s authorized licensee, service provider, as the result of our reliance upon such misrepresentation and subsequent removing or disabling access to the material or activity claimed to be infringing, or in replacing or ceasing to disable access to the material in question, and such action constitutes perjury. Thus, if you are not sure about the intellectual property status of the material in question, you should consider first contacting an attorney.
"As Is" and "As Available" Disclaimer
To the maximum extent permitted by applicable law, the Service and all content thereon are provided on an “as is” and “as available” basis.
Accordingly, the Yogidyllic disclaims all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third-party rights, and fitness for particular purpose.
We make no representations or warranties of any kind, express or implied, as to the operation of the Service or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose.
We disclaim any implied or statutory warranties:
1. regarding the security, accuracy, reliability, timeliness and performance of the Service;
2. regarding the performance of or quality, currency, completeness or usefulness of any information provided by the Service.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge and agree that Your use of the Service will be at Your sole risk.
You must consult with certified healthcare advisers and physicians, especially if you have any medical conditions, and make your informed medical decisions based on their advice.
We do not warrant that any description, communication, information or advice provided by us or any representative of ours, whether written or oral, through the Service, regarding healthcare or otherwise, is accurate, complete, reliable, current, safe, or error-free. You acknowledge and agree that we do not make any representations or warranties that the Service is intended to and/or does diagnose, treat, cure, or prevent any medical disorders or conditions, and that we are not engaged in providing you with medical advice, medical devices and/or healthcare services by providing you with access to the Service. We are not liable in respect of any content provided by third parties and/or any other users of the Service including but not limited to health and medical advice. You are strongly advised to check any information provided through the Service and third-party services to ensure accuracy.
We are not responsible and/or liable in any way for any actions and activities that You may undertake based on content, notifications, and otherwise, that are provided by and through the Service, or for any health problems or injuries, incapacity, or death, which may result from or be related to your use of or inability to use the Service.
You acknowledge and agree that your reliance on the information provide on and your use of the Service will be at Your sole risk.
Some jurisdictions do not allow the exclusion of certain types of warranties and/or limitations on applicable legal rights of a consumer, so some or all the above exclusions and/or limitations may not be applicable to you. In such a case that the exclusions and limitations set forth in this section are allowed, they shall be applied to the greatest extent enforceable under applicable law.
Neither the Company nor any of the company's providers makes any warranties or representations of any kind, express or implied, for:
1. the operation or availability of the Service, or the information, content, and materials or other included products, and we will assume no liability or responsibility for any interruption or cessation of transmission to or from the application.
2. the accuracy, reliability, currency, or completeness of any information, content, or other materials provided through the Service or the content of any third-party services linked to the Service, and we will assume no liability or responsibility for any errors or omissions in any content and materials, or for any loss or damage, personal injury or property damage, of any nature whatsoever, suffered as a result of the access and use of any content posted, transmitted, or otherwise made available via the Service.
3. the Service, its servers, the content, or e-mails sent from or on behalf of the Company being free of any bugs, viruses, trojan horses, scripts, worms, malware, timebombs or other harmful components, which may be transmitted to or through the Service by any third party, and we will assume no liability or responsibility for any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
The following terms apply when you install, and/or use a mobile application obtained from either the Apple Store or Google Play Store to access the Application:
1. the license granted to you for our application is non-transferable, and allows you to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and follows the usage rules set forth in the applicable store’s terms of service;
2. we are responsible for providing any maintenance of and support services for the mobile application as detailed in this terms and conditions in this mobile application license contained in these Terms of Use, or as otherwise required under applicable law, and you acknowledge that each store has no obligation whatsoever to furnish any maintenance of and support services for the mobile application.
3. the stores are not responsible for addressing, investigating, defending, settling, and discharging, any claims, including, but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation, by you or any third party relating to the Application or your access to, possession and/or use of the Application.
4. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable store, who, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and will have no other warranty obligation whatsoever with respect to the mobile application, to the maximum extent permitted by applicable law.
5. you represent and warrant that you are not accessing and using the Service in a country that is subject to the United States government embargo, or you are not declared on any United States government list of prohibited or restricted parties, or as a "terrorist-supporting" country.
6. you must comply with applicable third-party terms and condition when using the mobile application
7. you acknowledge and agree that the stores are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each store and their subsidiaries will have the right, and will be assumed to have accepted the right, to enforce such the terms and conditions against you.
The Service may not be available in all languages or in all countries. If Yogidylllic provides a translation of the English language version of this Terms of Use, we make no representation that the functionality of the Service would be appropriate, accurate, or available for use in any particular location or language, that the translation is provided solely for convenience, and the English version will prevail.
Links to Other Websites
The Service may contain links to, include, permitting the use or installation of, or have the ability to share information with, third party websites, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, other content or items, products, and other services belonging to or originating from and/or operated by other companies, which have separate terms of use and privacy policies and practices, and are not owned, controlled or monitored, investigated, or checked for accuracy, appropriateness, or completeness by the Company. You should be aware these Terms of Use no longer govern once you leave the Application and at your own risk, access, use or install any Third-Party Service. We take no responsibility in relation to purchases of products or services, including any harm they may cause you, which are exclusively between you and the applicable third party. We strongly advise you to carefully read and review the terms and conditions and privacy policies of any third-party services that you visit, install, and use.
Yogidyllic does not endorse, guarantee, warrant, or approve any third-party Services and products, any hyperlinked website, or any website or mobile application featured in any banner, interstitial, or other advertising, and is not responsible for, and does not make any representations regarding the content or accuracy of any materials posted on, installed from, advertised or offered by a third party on or through the Application, including the accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in, or otherwise made available on such third-party Services. You agree and warrant that Yogidyllic will have no direct or indirect liability from your use, engagement, exposure to, or interaction with any of the third-party Services or for any damage, harm, or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party services.
We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements, interstitial advertisements, or banner advertisements. Advertisers shall take full responsibility for any advertisements they place on the Application and any products sold or services provided through those advertisements on the Application. If you are an advertiser, you warrant and represent that you have all rights and authority, including, but not limited to, intellectual property rights, publicity rights, and contractual rights, to place advertisements on the Application, and agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions, and understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We only provide the space for such advertisements to be placed, and have no other relationship with advertisers.
You represent and warrant that, when taking advantage of the option to link your account with other third-party service provider accounts, you are entitled to disclose your Third-Party Account login information to us through the Application and/or grant us access to your Third-Party Account, without breach by you to the extent permitted by any of the applicable terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand and agree that we may access, make available, and store, if applicable, any information, including but not limited to personally identifiable information and contacts list, that you have provided to and stored in your Third-Party Account, depending on the Third-Party Accounts you choose and the privacy settings that you have set in such Third-Party Accounts, to make it available via your account on and through the Application, and we may provide to and receive from your Third-Party Account additional information to the extent you are notified as long as your account is linked with the Third-Party Account. We do not review any third-party content for purposes including but not limited to, accuracy, legality, or non-infringement, except for purposes of identifying and informing you of users in your contacts list who have also registered to use the Application. We are not responsible for any third-party content.
If a Third-Party Account or associated service becomes unavailable, or our access to such Third-Party Account is terminated by the third-party service provider, please note that your information from them may no longer be available on and through the Application.
You will have the ability to disable and deactivate the connection between your account on the Application and your Third-Party Accounts at any time by contacting us at contact@yogidyllic.com, or through your account settings, if applicable. We will make efforts to delete any information, except the username and profile picture associated with your account, that are obtained through such Third-Party Account and stored on our servers.
Limitation of Liability
Yogidyllic, its affiliates, officers, directors, employees, agents, suppliers, and licensors, make no warranties or representations about the service and any of its available content.
We will not be liable for the truth, accuracy, or completeness or lack thereof of any information conveyed to any user, or for any delays or interruptions of the data or information stream from any cause.
You agree that you use the service and any of its content at your own risk.
You are solely responsible for all your contributions to the Service.
You agree that your use of the Service shall be compliant with all applicable laws, regulations, and guidelines.
We do not warrant that the service and its content will be error-free, or free of computer viruses or similar destructive features. We will not be responsible for costs of servicing or replacing equipment or data that may result from your use of the service or any of its content.
To the maximum extent permitted by applicable law, under no circumstances, and under no legal or impartial theory, whether based on warranty, contract, strict liability, tort, including negligence, or any other legal theory, shall we, or our affiliates, or any of our or their employees, directors, officers, agents, vendors, or suppliers, be liable to you or to any third party, for any personal injury, including death, or for any direct, indirect, exemplary, special, incidental, punitive, or consequential losses or damages of any nature, including, but not limited to, damages for loss of revenue, loss of profits, loss of goodwill, loss of data or other information, work and/or business interruption, inaccuracy of results, computer or device failure or malfunction, loss of privacy, or other damages, arising out of or in any way connected with the use of or inability to use the Service, or any content thereon, or third-party software and/or third-party hardware used with the Service, or otherwise connected with any provision of this Terms, or any other cause beyond our reasonable control, even if the Company, any supplier, or any other representative of ours has been advised of or should have known of the possibility of such damages, and even if the remedy fails of its essential purpose.
Notwithstanding any damages that you might incur or anything to the contrary contained herein, the entire liability of the Company and any of its suppliers under any provision of this Terms, as well as your exclusive remedy for all the foregoing, for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount actually paid by you to us during the 12-month period prior to any cause of action arising through your registered use of the Service, or 100 US Dollars ($10) if you are an unregistered user of the Service. Any claims arising from your use of the Service must be brought within one (1) year of the date of the event occurred giving rise to such action.
The owners of any and all content licensed to Yogidyllic for use on the Service are the intended beneficiaries of this Terms of use. They reserve the right to enforce this Terms of use against you for any unauthorized use of their content in any court of competent jurisdiction. The provisions under Physical Activity Disclaimer do not apply to any dispute between you and a third-party licensor of any content to Yogidyllic.
Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation or exclusion of liability for certain incidental or consequential damages. Accordingly, some of the such limitations and disclaimers may not apply to You. To the extent that we may not disclaim any implied warranty or limit liabilities as a matter of applicable law, the duration and scope of such warranty as well as the extent of our liability, will be the minimum permitted under such applicable law.
These Terms of Use operate to the fullest extent permissible by law. We may assign at any time, any or all of our rights and obligations to others. Our failure to exercise or enforce any right or provision of these Terms of Use will not be construed as a waiver of such right or provision. If any provision or part of a provision of these Terms of Use is deemed to be unlawful, void, or unenforceable, that provision or part of the provision is determined to be severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions in these Terms of Use.
You agree to waive any and all defenses you may have based on the electronic form nature of these Terms of Use and the lack of signature by the parties concerned to execute these Terms of Use.
You agree that no joint venture, partnership, employment, or agency relationship has been created or exists between you and Yogidyllic as a result of this Terms of use or use of the Service.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold us, which includes our officers, directors, employees, agents, subcontractors, subsidiaries, partners, licensors, and suppliers, any of our affiliated individuals, companies or organizations, and any successors, assigns or licensees, harmless from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs, or expenses, including but not limited to attorneys’ and accounting fees, costs, and expenses, made by any third party due to, or arising directly or indirectly from or relating to:
1. the breach of this Terms of Use by you or anyone using your computer, mobile device, password, or login information;
2. your access to, attempt to use, use, misuse, or inability to use the Service;
3. your violation of the right, including but not limited to intellectual property rights, of a third party;
4. your Contributions or Content;
5. any overt harmful act toward any other user with whom you connected via the Service;
6. any other matter, representations, and warranties for which you breached, violated, and are responsible under this Terms of Use or under any applicable law or regulation.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any demand, claim, or action arising hereunder, or in connection with the Application, all negotiations for settlement or compromise, and/or any matter for which you are required to indemnify us. You agree to fully cooperate, at your expense, with any reasonable requests in assisting our defense of such demands, claims, actions, settlements, compromises, or negotiations. We will exert reasonable efforts to alert you of any such claim, action, or proceeding related to this indemnification upon becoming aware of it.
These Terms of Use and any policies or operating rules posted by us on the Service make up the complete agreement and understanding between you and us.
Governing Law
Please be advised that the Application is hosted in the United States, whose substantive laws, without respect to its conflicts of law rules and provisions, shall govern this Terms, any non-contractual obligations arising out of or in connection with them, and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Yogidyllic makes no guarantees that the information on the Service is appropriate, lawful, or available for use in any location other than the United States of America. The materials on the Application are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be against the law or regulation, or where such distribution would subject us to any registration requirement within such jurisdiction or country. Users who choose to access or use the Application from areas outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Access to and use of the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, unlawful, or penalized is strictly prohibited.
Disputes Resolution
You and Yogidyllic agree that any dispute, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, that is in any way related to or arising from this Terms of use or your use of the Service, will be resolved by binding arbitration, regardless of whether a claim arises during or after the termination of this Terms of use and/or your use of the Service.
You understand and agree that you and Yogidyllic are each waiving the right to a trial by jury or to participate in a class in accordance to this Terms of use.
Notwithstanding the abovementioned statement, nothing in this Terms of use will be deemed to waive, preclude, or otherwise limit either party’s right to bring an individual action in small claims court, pursue an enforcement action, if applicable, through the respective federal, state, or local agency, seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or file suit in a court of law to address a claim related to intellectual property infringement.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use brought by either you or us, both parties agree to first attempt to informally negotiate, for at least 30 days before initiating arbitration, any dispute, controversy, or claim, commencing upon written notice of the dispute from one Party to the other Party, with the description the nature and basis of the claim or dispute, and the specific relief sought or demanded.
If the parties have made reasonable efforts to informally negotiate and are unable to reach an agreement, resolve a dispute, controversy, or claim related to these Terms of Use brought by either you or us, within 30 days after the notice is received, such dispute, controversy, or claim will be finally and exclusively resolved by binding arbitration to expedite resolution and control the cost.
You understand and agree that without this provision, you would have the right to sue and have a jury trial in court.
Any arbitration between you and Yogidyllic will be governed by, commenced, and conducted under the Federal Arbitration Act, and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), all of which their respective filing forms are available at the AAA website www.adr.org.
Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules and limited by the AAA Consumer Rules, where appropriate.
The arbitration may be conducted in person, by phone, online, or through the submission of documents.
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement, and will make a decision in writing, but is not obligated to provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, otherwise, if the arbitrator fails to do so, any award or verdict may be challenged.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Galveston County, TX.
Except as otherwise provided herein, the parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award proposed or imposed by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Galveston, TX, and the parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any dispute related in any way to the Service be brought by or commenced by either Party more than 1 years after the cause of action arose.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
You and Yogidyllic agree that either may bring claims against the other only in individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate claims from more than one individual or party, and may not otherwise preside over any form of a representative or class proceeding.
Except as otherwise provided in this Terms of use, and other than a change to our address for Notice, if Yogidyllic makes any future change to this arbitration provision, then you may reject the change by sending a written notice within 30 days of the change, to our address for Notice, in which case, this arbitration provision, as deemed in effect immediately prior to the changes you rejected, will continue to govern any disputes between parties.
If this provision or its modifications is found to be illegal or unenforceable, then or if the entirety of this provision is found to be unenforceable, then such will be deemed null and void, and neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be deliberated and decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to be subject to the personal jurisdiction of that court.
The language used in the arbitration proceedings shall be English.
To the fullest extent permitted by law, any dispute you have with any third party, including but not limited to, any carrier, copyright owner, or other user, arising from your use of the Service, is directly between you and such third party, and you irrevocably release us from any and all claims, demands, and actual and consequential damages, of every kind and nature, known and unknown, or in any way arising from or connected with such disputes.
Severability and Waiver
This Terms of Use may not be modified, in whole or in part, except as defined in other sections in these Terms of Use. Except as expressly agreed upon elsewhere by Yogidyllic and you, this Terms of use constitutes the entire agreement between you and Yogidyllic, and supersedes all previous or contemporaneous agreements between the parties, whether written or oral, including information that is inconsistent with or conflicts with these Terms of Use, pertaining to the subject matter hereof.
Except as provided herein, Yogidyllic’s failure to act on or enforce, or otherwise exercise a right, or the failure to require the performance of an obligation under these Terms shall not affect the party's ability to exercise such right or ability to require such performance at any time thereafter, nor shall the waiver of a breach be construed as a waiver of any breach of that provision or any other provision at any time thereafter. No waiver of any provision will be effective against Yogidyllic unless made in writing, and no such waiver constitutes as a waiver in any other or subsequent instance.
If any of the provisions of these Terms of Use are held to be not enforceable or not valid by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated, and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, while the validity of the remaining provisions in these Terms of Use will not be affected and will continue in full force and effect.
You may not assign or transfer these Terms of Use, or any of the rights or licenses granted hereunder, directly or indirectly, by operation of law or otherwise, without our prior written and explicit consent. In the event that you dispose of any device on which you have installed the App, you are responsible for uninstalling and deleting the App and any Yogidyllic Content from your device prior to such disposal.
You agree that these Terms of Use, Privacy Policy, Web Purchase Refund Policy and/or any other agreement between You and us may be assigned by us to any third party, including all its rights hereunder, without restriction, in our sole discretion and will inure to the benefit of the company’s successors and assigns.
Changes to The Terms of Use
You understand and agree that we may change this Terms of use at any time without prior notice effective upon its posting on the Website and/or in the Application, or via e-mail that You provided to us, and by updating the “Last updated” date of these Terms and Conditions, as applicable, unless specified otherwise. If a revision to the Terms of Use is material, we will make reasonable efforts to provide at least 30 days' notice prior to the revised terms taking effect. What is considered as material change will be determined by us at our sole discretion.
Your continued access or use of the Service after the revised Terms’ effective date will constitute your awareness of, agreement to and acceptance of to be bound by such revised Terms of use.
You are responsible in periodically reviewing these Terms and Conditions to stay informed of updates.
If you find any change to this Terms of use or the Service, in whole or in part, unacceptable, then your only option is to stop accessing, and otherwise using the Service.
We reserve the right to correct any errors, inaccuracies, or omissions, that may relate to the Application, including descriptions, pricing, availability, and various other information, and to change or update the information on the Application at any time, without any prior notice.
We have no obligation to update any information on our application but we reserve the right to change, modify, or otherwise remove the contents of, suspend, or discontinue the Application at any time or for any reason at our sole discretion without prior notice without liability to you or any third party.
We may experience hardware, software, or other problems, or we may perform maintenance related to the Application, resulting in interruptions, delays, or errors, therefore, the availability of the Application at all times is not guaranteed.
You agree that we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Application during any interruptions or discontinuance of the Application.
You agree that we are not obligated to maintain and support or to supply any corrections, updates, or releases in connection with the Application.
Termination
These Terms of Use shall remain in full force and effect until terminated by either you or us.
You may terminate this Terms of use at any time by sending written notification to Yogidyllic at contact@yogidyllic.com, deleting and uninstalling the Application from your mobile device, and terminating any and all further use of the Service.
Yogidyllic reserves the right in its sole discretion, to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Without limiting any other provision of these terms of use, Yogidyllic reserves the right, in its sole discretion, and without prior notice or warning, to restrict, suspend, or terminate this Terms of use and deny your access to all or any part of the Service, or suspend or terminate or delete your account and any content or information that you posted, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation, including but not limited to breach that cause damage to or impair the Service, infringe or violate any third-party rights, and damage the reputation of Yogidyllic, these actions are in addition to and not in lieu of or as limitation of any other right or remedy that may be available to us. We reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive reparation.
Upon any termination of the Terms of Use by either you or us, your right to use the Service will cease immediately, and you must immediately uninstall the Application from all your devices and destroy all materials, documentation, and all copies thereof, downloaded or otherwise obtained by other means from the Service, and are no longer allowed to register again and create a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
The following provisions and all defined terms used therein will survive the expiration or termination of this Terms of use for any reason whatsoever indefinitely: General Terms and Condition, Account Security, Screening User Content, Licenses to User Content, Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability, External Sites, Consent to Electronic Communications, and Contact Us.
Contact Information
If you have any questions about these Terms of Use, or to resolve a complaint regarding the Application, or to send Notifications of Claimed Infringement, you can contact us by visiting this page on our website at www.yogidyllic.com by sending us an email at contact@yogidyllic.com.
For California Users and Residents, if any complaint with us is not satisfactorily addressed and resolved, you can contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
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