In addition, we may place a "cookie" in the browser files of a user's computer. The cookie itself does not contain any personally identifying information although it will enable us to relate a user's use of our sites to information that the user has specifically and knowingly provided to us.
A user's personally identifying information may be used for marketing and promotional purposes and we may share the information with others if the user has not advised us of his or her preference not to be included in such an exchange. Individuals always have the ability to stop their information being used for such purposes.
To ensure the security of your data, including address information and credit card numbers, Yogapoint always uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. We have appropriate security measures that protect against the loss, misuse or alteration of information that we have collected from you.
Children should ask their parents for permission before sending any information about themselves to us or anyone else over the Internet.
Liability of Vishwamitra Systems Private Limited (VSPL.)
The use of the Yogapoint.com & YogaTrainer is at your own risk. When using the, Yogapoint.com information will be transmitted over a medium, which is beyond the control and jurisdiction of VSPL. and its suppliers. Accordingly, VSPL. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Yogapoint.com & YogaTrainer.
The Yogapoint.com and the contents thereof are provided on an "as is where is" basis.
VSPL., YOGA VIDYA DHAM, VSPL'S AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND USE OF YOGAPOINT.COM BY A LICENSED USER FOR PARTICULAR PURPOSE.
Specifically, VSPL., Yoga Vidya Dham, VSPL's Agents make no representations or warranties about the following :
The accuracy, reliability, completeness, current ness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the yogapoint.com.
In no event shall VSPL, Yoga Vidya Dham, VSPL's agents, or any third parties mentioned on the Yogapoint.com be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Yogapoint.com or the contents, whether based on warranty, contract, tort, or any other legal theory, and whether or not VSPL is advised of the possibility of such damages.
VSPL shall be liable only to the extent to return the money received by VSPL from any licensed who wishes to discontinue his license for use Yogapoint.com . Further VSPL hereby notifies all users and including potential users that in no case shall VSPL's liability for any damages incurred by an user or potential user shall exceed U.S.$100. VSPL shall not be liable for any personal injury, including death, caused by use or misuse of the Yogapoint.com, contents there of. Any claims arising in connection with your use of the Yogapoint.com, any contents thereof, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted VSPL a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. VSPL. may sublicense its rights through multiple tiers of sublicenses.
Health Record is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by VSPL. or on its behalf. Health Record is structured to allow access only to visitors with a valid password. Whenever you submit or modify your information in Health Record, we will send such information over the Internet using encryption technology (Secure Socket Layer (SSL) software). The information you submit to Health Record will be stored on a separate server as an additional security precaution. However, we do not warrant or represent that the information you submit to Health Record will be protected against loss, misuse, or alteration by third parties.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Health Record password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Health Record account and password; (3) promptly inform VSPL. Of any need to deactivate a password. You grant VSPL. and all other persons or entities involved in the operation of the Site and Health Record the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Health Record. VSPL. cannot and does not assume any responsibility or liability for any information you submit to Health Record or your or third parties' use or misuse of information transmitted or received using Health Record.
VSPL Live and Member-to-Member Areas ("PUBLIC AREAS")
If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. VSPL. is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions :
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by VSPL. in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of VSPL., exposes VSPL. or any of its customers or suppliers to any liability or detriment of any type.
VSPL reserves the right (but is not obligated) to do any or all of the following :
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications, which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the VSPL. Yogapoint.com or YogaTrainer upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the VSPL. Yogapoint.com or YogaTrainer, regardless of whether such communication(s) violate these standards.
VSPL. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. VSPL. has no liability or responsibility to users of the Yogapoint.com or YogaTrainer or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements and Links to Other Sites
VSPL. does not endorse the content on any third-party websites. VSPL. is not responsible for the content of linked third-party sites; sites framed within the VSPL. Yogapoint.com or YogaTrainer, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. VSPL. does not endorse any product advertised on the VSPL. Yogapoint.com.
You agree to defend, indemnify, and hold VSPL, its officers, directors, employees, agents and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
VSPL. is based in Pune, Maharashtra, in India. VSPL. makes no claims that the Content is appropriate or may be downloaded outside of India. Access to the Content may not be legal by certain persons or in certain countries. If you access the VSPL. Yogapoint.com or YogaTrainer from outside the India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with VSPL., or in any way relating to your use of the VSPL. Yogapoint.com, resides in the courts of Pune in the State of Maharashtra and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Pune in the State of Maharashtra in connection with any such dispute including any claim involving VSPL. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
The internal substantive applicable laws of India and the State of Maharashtra govern these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
© 2001-2002 VSPL. All rights reserved.