These terms and conditions (the “Terms and Conditions”) constitute an agreement between you and Girls In Yoga Pants, LLC (“Girls In Yoga Pants”), and govern your use of the website www.girlsinyogapants.com (the “Website”) and your submission (a “Submission”) of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information, (the “Content”) for use on the Website as set forth below.
By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. Girls In Yoga Pants reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be eighteen (18) years of age or older in order to submit Content.
ARTICLE 1. GRANT OF RIGHTS
1.1 By making a Submission of Content, you hereby grant to Girls In Yoga Pants, it’s parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, as well as any other information you provide to Girls In Yoga Pants, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, Girls In Yoga Pants, and its products and services.
1.2 Girls In Yoga Pants shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that ALA deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.
ARTICLE 2. RIGHT TO REMOVE
2.1 ALA shall have no obligation (express or implied) to post or otherwise use your Submission and Girls In Yoga Pants may at any time remove your Submission at any time and for any reason without prior notice.
2.2 In addition, Girls In Yoga Pants shall have the right to prevent any person from using this Website at Girls In Yoga Pants’s sole discretion.
ARTICLE 3. REPRESENTATIONS AND WARRANTIES
3.1 You represent and warrant to Girls In Yoga Pants as follows:
3.1.1 You are eighteen (18) years of age or older;
3.1.2 You have fully complied with all rules, terms and conditions contained in these Terms and Conditions;
3.1.3 The statements you make or stories you tell in the Submission as well as any other information you provide to Girls In Yoga Pants are true and correct;
3.1.4 You have secured all rights from all other persons who appear in the Submission necessary to allow you to grant to Girls In Yoga Pants all rights of such other persons in the Submission;
3.1.5 You are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to Girls In Yoga Pants the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”;
3.1.6 You have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by Girls In Yoga Pants will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.
3.1.7 In addition, the Submission does not contain any content:
(a) That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;
(b) That promotes hatred or physical harm of any kind against any group or individual;
(c) That is derogatory to members of a particular race, nationality, sex, sexual orientation or religion;
(d) That promotes illegal activity; or
(e) That contains any advertising or other commercial content.
ARTICLE 4. USER GENERATED CONTENT
4.1 You understand and agree that when using the Website, you may be exposed to content posted or submitted by users (collectively, “User Generated Content”), and that Girls In Yoga Pants is not in any manner responsible for the User Generated Content, and that Girls In Yoga Pants does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that Girls In Yoga Pants cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
4.2 You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Girls In Yoga Pants is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
4.3 Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Girls In Yoga Pants or its affiliated or related entities or content providers.
ARTICLE 5. INDEMNIFICATION
5.1 You hereby agree to defend, indemnify and hold Girls In Yoga Pants, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by Girls In Yoga Pants and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
ARTICLE 6. CHILDREN’S PRIVACY
6.1 The site is intended for adults and only. We do not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Website or submit any personal information or Submissions on the Website.
ARTICLE 7. linked sites
7.1 You may be able to link to third parties’ Web Sites (”Linked Sites”) from the Website or any other Girls In Yoga Pants, LLC website. Linked Sites are not, however, reviewed, controlled, or examined by Girls In Yoga Pants, LLC in any way and Girls In Yoga Pants, LLC is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
7.2 These links do not imply Girls In Yoga Pants, LLC’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Girls In Yoga Pants, LLC be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.
7.3 You should direct any concerns to that site’s administrator or webmaster. Girls In Yoga Pants, LLC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
7.4 SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
7.5 Permission must be granted by us for any type of link to the Website.
7.5.1 To seek our permission, you may write to Girls In Yoga Pants, LLC at [email protected]
7.5.2 We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our sole discretion at any time.
ARTICLE 8. CONTESTS, PROMOTIONS, SIMULATIONS OR GAMES
8.1 From time to time, Girls In Yoga Pants, LLC may offer as part its services, either on or through the Website, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Girls In Yoga Pants, LLC. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Girls In Yoga Pants, LLC, at its sole discretion, may suspend or revoke the registration of any Registered User.
8.2 Registered Users agree to release Girls In Yoga Pants, LLC and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Website. Girls In Yoga Pants, LLC is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
8.3 Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User.
8.4 A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Girls In Yoga Pants, LLC is under no obligation to award any prize to any Registered User who violates a published rule or guideline. Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
8.5 Girls In Yoga Pants, LLC reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
ARTICLE 9. SECURITY
9.1 Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
9.2 It is your responsibility to notify us at [email protected] if you ever suspect that your personal information has been compromised. You are solely responsible for any unauthorized use of the site conducted via your personal information.
9.3 In operating this site, Girls In Yoga Pants, LLC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Girls In Yoga Pants, LLC mail and e-mail addresses, or in any other way.
9.4 Any information or material submitted or sent to Girls In Yoga Pants, LLC, shall be deemed not to be confidential or secret.
ARTICLE 10. GENERAL
10.1 These Terms and Conditions constitute the entire agreement between you and Girls In Yoga Pants. These Terms and Conditions and the relationship between you and Girls In Yoga Pants shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.
10.2 Girls In Yoga Pants’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
10.3 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
ARTICLE 11. MEMBERSHIP
By visiting our website or by becoming a Member of our website, You acknowledge and certify that:
You are at least 18 years old and the age of majority in each and every jurisdiction in which You view our website
You will not provide or permit access or use of Your Account or the Service to any minor, and You will not engage or take any action while visiting our website or using the Service which in any way promotes inappropriate sexual activity involving minors.
The Service may not be accessed or used where prohibited by local law or other law. Your use of the Service must be in compliance with all applicable laws, rules, regulations, and ordinances.
In visiting our website or using the Service, You may encounter Content that may be considered sexually explicit, offensive, indecent or objectionable, which Content may not be specifically identified as such. YOU FULLY ASSUME ALL RISK OF LOSS AND HARM ARISING OUT OF YOUR USE OF THE SERVICE.
You are responsible for maintaining the confidentiality of and restricting access to Your Account and password. You agree to accept sole responsibility for all activities that occur under Your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of Your Account or any violation of these Terms and Conditions by others of which You are aware.
Since our website may contain links or ads to third-party websites or services, You acknowledge and agree that we have no control over, do not endorse, and are not responsible in any way for any actions taken by or damages sustained by You relating to such third-party websites or services.
When registering as a Member of our website and continuing during the term of Your Membership, You agree to provide us with accurate, complete, and current registration information. Failure to do this shall constitute a breach of these Terms and Conditions and unauthorized access to our website. Unauthorized access to our website could result in immediate termination of Your account and subject You to civil and criminal liability. Unless You have prior written authorization from us, You may not register for additional Accounts after any such termination.
Upon registering as a Member, You will choose a display name (to be displayed in forum) and password. You may not select or use a display name of another person, a name in violation of a third party’s property rights, or a display name that we deem offensive or otherwise inappropriate. We own all display names and we license them to You. Additionally, You may not use Your display name in violation of these Terms and Conditions or in ways we deem inappropriate in our sole discretion. We reserve the right to delete any display name.
You are entirely liable for all activities conducted through Your Account. A Member may not permit another individual to use the Member’s Account. Members who have had their Membership terminated may not access our website without our prior express written (including email) permission. For additional information on re-registration and multiple Accounts, you may contact us by sending a message to http://pro.girlsinyogapants.com/contact/.
Members may cancel their Account at any time by logging in and completing the cancellation form. If You are unable to log in or use this form, You may contact us by sending a message to http://pro.girlsinyogapants.com/contact/. To ensure effective cancellation, please provide Your login name, Your full name, and the last 4 digits of Your credit or debit card number (or the full account number associated with your alternative payment method). As discussed below in Section E, We reserve the right to terminate Your account at any time for any reason in our sole discretion.