TERMS OF USE

Welcome to www.yogatini.guru. By using the Internet site located at www.yogatini.guru (the “Site”) or any services, products, and programs (collectively “Online Services”), you agree to abide by the following Terms of Use (“Terms of Use”), which may be amended by Yogatini from time to time in its sole discretion. Yogatini will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Online Services and the Site.

DISCLAIMER

The materials on Yogatini’s website are provided “as is”. Yogatini makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

DESCRIPTION OF ONLINE SERVICES

The Site and Online Services are provided for your information and entertainment. You understand and agree that our Site and Online Services are intended for general reference purposes only and are not intended to address specific medical conditions. Furthermore, you understand and agree that our Site and Online Services are provided “AS IS” and that Yogatini assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of our Site or Online Services.

Yogatini produces events where alcoholic beverages are served; all visitors of this website who attend a Yogatini event may be requested to show proof of age at the Yogatini event. All Yogatini event participants will be lawfully permitted to consume alcoholic beverages (21 years of age for United States residents).

PRICING AND OTHER ERRORS ON OUR SITE

Yogatini attempts to make sure that the information on the Site is correct and complete. 

Unfortunately, errors may periodically occur. If so, errors will be corrected where discovered, and Yogatini reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If the order is cancelled after you have been charged, Yogatini will issue a credit in the amount of the charge. See your individual bank’s policies as to when this amount will be credited to your account. Prices and availability of products and services are subject to change without notice.

PRIVACY POLICY

Yogatini respects your privacy and permits you to control the treatment of your personal information. A complete statement of Yogatini’s current privacy policy is available next to the link you just clicked. Yogatini’s privacy policy is expressly incorporated into this Agreement by this reference.

NO LICENSE

Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content displayed on this Services without the written permission of Yogatini or other party that may own the Content displayed on the Services. Commercial use of the Content displayed on the Services is strictly prohibited. All rights are hereby expressly reserved. 

RIGHT TO USE YOUR IMAGE

You consent to the use of your image, likeness, actions, and/or statements incidental to any live or recorded photographic, audio or video displays, broadcasts, or other transmissions, exhibitions, publications, or reproductions made of or at a Yogatini event, without additional authorization or compensation.

USER CONTENT

You grant Yogatini a license to use the materials you post to the Site or Online Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Online Services, you are granting Yogatini, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Yogatini, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Yogatini may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Online Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Online Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Online Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Yogatini reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Online Services, and, if applicable, to delete any such material from its servers. Yogatini intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.

ALLEGED VIOLATIONS

Yogatini reserves the right to terminate your use of the Online Services and/or the Site. To ensure that Yogatini provides a high quality experience for you and for other users of the Site and the Online Services, you agree that Yogatini or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Online Services. Yogatini does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Yogatini reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Yogatini believes that you have violated any of the Terms of Use, furnished Yogatini with false or misleading information, or interfered with use of the Site or the Online Services by others.

LIMITED LIABILITY

Yogatini’s liability to you is limited. To the maximum extent permitted by law, in no event shall Yogatini, its subsidiaries or affiliates, be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with you use of the site or other materials or online services provided by you or your company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action, even if Yogatini or a Yogatini authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

AFFILIATED SITES

Yogatini has no control over, and no liability for any third party websites or materials. Yogatini works with a number of partners and affiliates whose internet sites may be linked with the Site. Because neither Yogatini nor the Site has control over the content and performance of these partner and affiliate sites, Yogatini makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Yogatini assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Yogatini makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES

Yogatini imposes certain restrictions on your permissible use of the Site and the Online Services. You are prohibited from violating or attempting to violate any security features of the Site or Online Services, including without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Online Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Online Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Online Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e- mail or in any posting using the Online Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Yogatini in providing the Site or Online Services. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNIFY

You agree to indemnify Yogatini for your acts and omissions. You agree to indemnify, defend, and hold harmless Yogatini, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Yogatini will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

DESIGNATED DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Name: Jonathan Leuchs

Company Name: Yogatini LLC

Address: 778 W. Solana Circle Solana Beach CA 92075

Email: info@yogatini.guru

Phone: 347-216-0297

The Site is controlled and operated by Yogatini from its offices in the State of California. Yogatini makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Yogatini’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

MODIFICATIONS

Yogatini may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Online Services; and (c) discontinue the Site and/or Online Services at any time. Yogatini shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT

By using the online services or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them. 

 

PRIVACY POLICY

Yogatini has developed a privacy policy in order for you to understand how it collects, uses, communicates, discloses and makes use of personal information. Please review our privacy policy carefully.

Yogatini respects your privacy and permits you to control the treatment of your personal information. Yogatini’s privacy policy is expressly incorporated into this Agreement by this reference.

CONSENT

By submitting personal information to Yogatini, you agree that Yogatini may collect your personal information and you consent to the use, disclosure and transfer of your personal information in accordance with this privacy policy and as permitted or required by law.

If you refuse or withdraw your consent, you acknowledge that Yogatini may not be able to provide you or continue to provide you with certain services or information that may be of value to you.

Yogatini may collect personal information in connection with your use or purchase of Yogatini’s products and services, which may include information provided in connection with the following activities:

We use the information gathered from the Website for the following:

- To provide our products and services;

- To provide monthly newsletters to subscribers;

- To respond to requests for service;

- To promote our products, services, and events;

- To enforce our Terms of Use; and

- As otherwise set forth in this Policy.

COOKIES

Like many websites, Yogatini utilizes “cookies” to maintain a record of your visit to the Sites.  A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer.  It can only be read by the server that sent it to you.  This information does not identify you personally and you remain anonymous unless you have otherwise provided Yogatini with personal information. Cookies help Yogatini to improve the Sites and to deliver more personalized service.  Most web browsers automatically accept cookies.  If you would prefer to prevent your computer from accepting Yogatini’s cookies, you may follow your Internet browser’s steps for doing so.  Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.

PROTECTION OF YOUR INFORMATION

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Yogatini uses physical, technological and administrative procedures to protect the personal information that Yogatini collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet transmissions are never completely private or secure.  You understand that any messages or information you send to the Sites may be read or intercepted by others.

To detect and protect Yogatini and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Yogatini’s policies and contractual obligations;

THIRD PARTY SITES

Yogatini’s website may contain links to other sites that are not operated by us. If you click a link, you will be directed to that third party’s site. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party services.

CHOICE AND OPT-OUT OPTION

Yogatini does not collect your personal information unless you choose to provide it.  If, at any time, you prefer not to receive further email communications from Yogatini (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Yogatini. 

FINANCIAL INFORMATION

By using this Website, you hereby agree to hold us harmless for any issues or damages that may arise from any interactions with eventbrite.com. Yogatini does not obtain or retain any of your financial information.

CHILDREN’S PRIVACY

We do not knowingly collect information from children under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal identifying information, please contact us. If we discover that children under the age of 13 have provided us with personal identifying information, we will delete such information from our databases immediately.

SECURITY

Protecting your information is important to us. We use reasonable physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. Unfortunately, no data transmission over the Internet or electronic storage can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of any information submitted to us. You agree that we will not be liable for disclosures of your personal identifying information due to transmission or unauthorized acts of third parties.

BY AUTHORITY OF LAW

Yogatini does not disclose information to non-affiliated third parties except in response to a subpoena, warrant, court order, or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified user or limited group of users, we will make reasonable business efforts to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases, whether because of a time limit, court order, inability to effectively contact a user, or for any other reason. In addition to the foregoing, we disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Use. For example, this means that if we conduct a fraud investigation and conclude that any party has engaged in deceptive practices, we can give that person or entity’s contact information to victims who request it.

REVIEW YOUR INFORMATION

You may review and modify your personally identifying information retained by us by sending an email to info@yogatini.guru. For email requests, please type “Request to Review” or “Modify My Information” in the subject line.

REVISIONS TO THIS PRIVACY POLICY

Yogatini reserves the right, in Yogatini’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you.  However, Yogatini will treat your continued use of the Sites following such revision as your acceptance of the revised terms.  All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted.  Yogatini will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

CONTACT YOGATINI

If you have any questions or suggestions regarding our Policy, please contact us by emailing directly to info@yogatini.guru

Effective August 1, 2017