TERMS OF SERVICE
TERMS OF SERVICE
Yogimixer LLC (“Yogimixer”, “we” or “us”) operates the Yogimixer mobile app and related website. By accessing or using the Yogimixer app, website, or software (referred to collectively as the “Services”) you expressly represent and warrant that you accept the terms of this Service Agreement (“Agreement”), as updated according to Paragraph 16. If you do not wish to be bound by this Agreement, do not use or continue to use the Services provided by Yogimixer.
1. Eligibility to Use Yogimixer
You must be 18 years of age or older to utilize the Services provided by Yogimixer. Additionally, you must be able and willing to enter into a binding contract with Yogimixer, and you must not have ever been convicted of a felony or be barred from receiving Services under the laws of the applicable jurisdiction. By using the Services, you represent and warrant that you have the authority and capacity to enter into this Agreement and that you accept the terms of this Agreement.
2. License to Use Yogimixer Services
Yogimixer LLC grants you a personal, limited, non-assignable, non-exclusive license to access and use the Services for your own personal, noncommercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by Yogimixer, in the manner permitted by the terms of this Agreement.
This license for the personal use of Yogimixer’s software and does not include any right to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any software or any part thereof made available to you by Yogimixer. You may not take any action to interfere with or damage Yogimixer. All rights are reserved by Yogimixer unless expressly granted in writing.
In consideration for Yogimixer granting you license access and use the Services, you agree not to misuse the Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions provided by Yogimixer. You also agree not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Yogimixer’s computer systems, or the technical delivery systems of Yogimixer’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Yogimixer; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
You must provide a valid email address and authorize Yogimixer to communicate important administrative messages and notifications to that email account in order to register for a username and password. These communications are considered an important term in this Agreement and you may not opt-out from receiving them. If you later change or deactivate your email address you must provide a new current email address to facilitate such important communication.
When registering your username and password, you may not (1) select or use a username of another person with the intention of impersonating that person, (2) use the username of anyone else without authorization, (3) use a username in violation of the intellectual property rights of any person or entity, or (4) use a user name that Yogimixer considers in its sole discretion as being inappropriate.
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You agree to notify us of any unauthorized use of your user name or any other breach of security. We may, without notification, cancel your user name and delete your content if you have not logged in for a period of ninety (90) days. If your Account is cancelled, you will need to re-register for an Account and obtain a new username to regain access to the Services.
4. Term and Termination of Account
This Agreement begins on the date you accept the terms of this Agreement by accessing and using the Yogimixer Services and continues in full force, as amended, until either you or Yogimixer terminates the Agreement and in accordance with this Agreement.
You may terminate this Agreement with Yogimixer at any time by deactivating your account and discontinuing your use of the Services.
Yogimixer may terminate this Agreement and your legal right to access the Services at any time without further obligation or liability to you if you have breached any provision of the Agreement, in its sole discretion.
Upon termination of this Agreement, all licenses granted by Yogimixer will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available and we are not responsible for the loss of such content. Yogimixer shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of your account, access to the Services, cancellation of your user name, or the deletion of your content.
5. Code of Conduct and Prohibited Activities.
You agree to use the Services in accordance with the Code of Conduct. By way of example, and not as a limitation, you agree that when using the Services, you will not:
- upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright laws, trademark laws, patent laws, trade secret laws, rights of privacy, rights of publicity or other proprietary right of any person unless you own or control the rights thereto or have received all necessary consent to do the same.
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity.
- promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- engage in any sparring or competitive fighting of any kind with other users of the website.
- upload files that contain viruses, trojan horses, worms, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another.
- harvest or otherwise collect information about others, including e-mail addresses.
- violate any applicable laws or regulations.
- create a false identity for the purpose of misleading others.
While we have no obligation to monitor your use of the Services, we reserve the right to review all materials posted and to remove any materials that in our sole discretion violate our code of conduct. We reserve the right and absolute discretion to periodically amend our code of conduct without notice. If we do change our creative code of conduct, we will post those changes or send a notification to the email associated with the account so our users are always aware of our standards.
6. Content Restrictions
By way of example, and not as a limitation, you agree that when using the Services, you will not:
- use the Services for any purpose other than as set forth in the Terms of Service.
- use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages, commercial or otherwise.
- threaten or otherwise violating the legal rights such as rights of privacy and publicity of others.
- use the website for other illegal activities or displaying harassing, abusive, threatening, harmful, vulgar or obscene material.
- defame any person or group.
- interfere with or disrupt the website by transmitting junk mail, spam, chain letters or unsolicited mass distribution of email.
- advertise or offer to sell or buy any goods or services for any business purpose, unless expressly permitted under the Terms of Service.
- restrict or inhibit any other user from using and enjoying the app and Services.
- espouse any political opinions or information.
- use the app or Services in a manner that creates the appearance of impropriety or otherwise casts any negative light upon any other user.
While we have no obligation to monitor your use of the website, we reserve the right to review all materials posted and to remove any materials that in our sole discretion violate these Terms of Services. We reserve the right to periodically change, amend or add to the foregoing, without notice. Any changes, amendments or additions to these Terms of Service will be posted.
We take privacy seriously.
Information we collect
Information to create an account including email address, username, business or real name, location and password. Account holders may also add additional information to their profile such as a bio and website address. We collect general information on our users through Google Analytics such as browser type, time on site and IP address.
How it’s used
We will use your email address to update you on site events such as new contests, or receiving a private message from another user. Your location and profile information (not deemed private) is viewable publicly when using the Services.
What we won’t do with it
We will never sell or share your email with any third parties.
How it’s protected
Passwords are encrypted and not even Yogimixer staff can view them.
You are solely responsible for your actions and interactions with other users of the Services. Yogimixer cannot guarantee continuous or secure access to the Services which may be interfered with by numerous factors outside of our control. To the extent legally permitted, Yogimixer LLC hereby disclaims all warranties. Yogimixer is making the Services available on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis.
To the maximum extent permitted by law, Yogimixer LLC its affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
You assume all risk of any and all damage or loss from use of the Services. Any material downloaded or otherwise obtained through the Services is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. Yogimixer LLC does not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free, or that defects in the Services will be corrected.
9. Limitations of Liability
Yogimixer LLC’s liability to you is limited to the maximum extent permitted by law. In no event shall Yogimixer LLC, its affiliates, officers, employees, agents, partners, and licensors, be liable to you or to any third party for damages of any kind including but not limited to indirect, special, incidental or consequential damages, lost profits, or lost data, regardless of the foreseeability of damages arising out of or in connection with your use of the Services or any other materials or services provided to you. 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.
Notwithstanding the foregoing, if Yogimixer LLC, its affiliates, officers, employees, agents, partners, or licensors, is/are found to be liable, the liability to you or to any third party is limited to the greater of (a) the total fees you paid to Yogimixer LLC in the three (3) months prior to the action giving rise to the liability, and (b) $100.
10. Grant of License to Your Content
You grant Yogimixer LLC a license to use and distribute your content until a commercially reasonable time after you have deleted it. More specifically, by posting, downloading, displaying, performing, transmitting, or otherwise distributing content on or through the Services, you are granting Yogimixer LLC and its affiliates, assigns, employees, agents and licensees the nonexclusive, worldwide, royalty-free, perpetual, sublicensable and transferable right and license to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform your content in any medium and through any media channel for the purpose of :
- (a) making your content available on the Services,
- (b) conducting Yogimixer’s internal business affairs, and
- (c) advertising, marketing and business development purposes.
In addition to the rights, licenses and privileges granted above, you agree that we may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing material, presentations, customer lists, website materials, and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Services.
11. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that you have the right to submit the content to us, have the right to grant the licenses set forth above and the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend and hold harmless Yogimixer LLC and its affiliates, and its and their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys’ fees) arising from or related to (a) your use of Yogimixer LLC Services or (b) any breach of the Terms of this Agreement, (c) any unlawful or improper use by anyone of any product sold or ordered by you through the Yogimixer LLC mobile app or website, (d) any design or manufacturing defect of any product sold or ordered by you through the Yogimixer LLC mobile app or website and/or (d) your negligence or willful misconduct.
Regarding the safety and operation of any product bought or sold through the Yogimixer LLC mobile app or website, Yogimixer LLC recommends that you do not rely solely on the information presented on the Yogimixer LLC website. Please always read labels, warnings and directions provided with the product before use.
Yogimixer LLC does not guarantee compliance or suitability of products with any laws, nor does Yogimixer LLC accept responsibility for installation and/or use of any product. It is your responsibility to review the product application and all applicable laws for each relevant jurisdiction to be sure that the installation and/or use involving the products comply with applicable law.
When defending a claim that implicates Yogimixer LLC, You will use counsel reasonably satisfactory to Yogimixer LLC. If at any time Yogimixer LLC reasonably determines that any indemnified claim might adversely affect Yogimixer LLC or is being inadequately defended, Yogimixer LLC reserves the right take control of the defense at your expense, including cost and attorneys’ fees. You may not consent to the entry of any judgment or enter into any settlement of a claim that does or could affect Yogimixer LLC without Yogimixer LLC’s prior written consent, which may not be unreasonably withheld.
13. Compliance with Intellectual Property Laws
Yogimixer LLC respects the intellectual property of others, and we ask you to do the same. Your use of the Services is at all times governed by and subject to laws regarding ownership and use of intellectual property. When using the Services, you agree:
- (a) to obey the law and to respect the intellectual property rights of others;
- (b) not to upload, download, display, perform, transmit, or otherwise distribute any content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights;
- (c) to contact Yogimixer LLC immediately if another party is violating or improperly using any copyrights, trademarks, or other intellectual property or proprietary rights belonging to you in association with the Yogimixer LLC mobile App or website;
- (d) to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your username;
- (e) Yogimixer LLC, in its sole discretion, shall have the right but not the duty to monitor the user generated content posted on or through the Services by You. Yogimixer LLC reserves the right to remove content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but Yogimixer LLC is not responsible for any failure or delay in removing such content;
- (f) Yogimixer LLC may remove content in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials or content infringe a third party’s copyright, or similarly, if Yogimixer LLC receives notice of the improper use of a patent or trademark; and
- (g) Yogimixer LLC may access your account(s) 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 Services. Yogimixer LLC reserves the right to terminate your account(s) and/or your access to the Services, and to delete all of your content posted therein, with or without notice to you, and without liability to you, if Yogimixer LLC believes that you have violated any of these Terms of Service, furnished Yogimixer LLC with false or misleading information, or interfered with the use of the Services.
14. General Provisions
A. Dispute Resolution. We encourage and support the fair and prompt resolution of disputes that arise as a result of your use of the Services. Therefore, we have established the following policies for resolving disputes:
(i) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to use of the Services, you and Yogimixer LLC agree to first attempt to negotiate any dispute, except those disputes expressly identified below in subsection (ii), informally for at least sixty (60) days before initiating any court proceeding. Such informal negotiations start upon written notice from one person to the other. We will send its notice to the email address you have provided to us. You will send your notice to us at the address and contact provided in Section 15 herein.
(ii) Exceptions to Informal Negotiations. You and Yogimixer LLC agree that the following disputes are not subject to the above provisions concerning informal negotiations: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Yogimixer LLC’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws principles.
C. Exclusive Venue for Disputes. Subject to the Dispute Resolution section above if applicable, any and all disputes relating to or arising out of this Agreement shall be brought in the District Court for the Central District of California and if that Court will not accept jurisdiction, for the Superior Court for the State of California for the County of Los Angeles. You hereby irrevocably submit to the exclusive venue and jurisdiction of such courts.
D. Interpretation; Severability. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
E. No Waiver; Remedies. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
F. Successors; Assignment; No third party beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators and permitted assigns. You may not assign or transfer this Agreement or any obligations to be incurred hereunder without the prior written consent of Yogimixer LLC, which consent shall not be unreasonably withheld. Yogimixer LLC may assign any of its rights and obligations under this agreement without consent, including in connection with a corporate reorganization, consolidation, merger or sale of substantially all of its assets. No third party shall have any rights hereunder.
15. Notices. You consent to receive all communications including notices, agreements, disclosures or other information from Yogimixer electronically. Yogimixer may provide such communications by email to the email associated with the account or by posting them electronically. Support-related inquiries or notices of a legal nature may be sent to Yogimixer at the following address:
Address: Yogi Mixer LLC
1600 Rosecrans Avenue
Media Center Fourth Floor
Manhattan Beach, CA 90266
16. Amendment or Modification. This Agreement may be modified or amended from time to time. Modifications and Amendment may be made by authorized Yogimixer personnel only. The modifications or amendments will not be retroactive and the most current version of the Agreement, which will always be available on the website, will govern. You will be provided notice of any modification or amendment to this Agreement through a service notification posting on the website or email to the email associated with your account. Any modification or amendment will be effective as of the date it the service notification effectuated. Your continued use of the Services will constitute your acceptance of any modification or amendment to this Agreement.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. Yogimixer’s failure to enforce any right or provision of this Agreement will not be deemed a waiver of such a right or provision.
17. Entire Agreement.
This Agreement constitutes the entire understanding between Yogimixer LLC and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE.
Last updated: March 1st, 2020