Terms of Use

YogiSites Terms of Use
Last modified: December 12, 2012

Welcome to YogiSites!

Thanks for using our products and services, including without limitation our templates ("Services"). The Services are provided by Cypher Design Studio, LLC, a Texas limited liability company doing business as YogiSites, LLC ("YogiSites", "our", "us", or "we").

By using our Services, you are agreeing to these terms ("Terms"). Please read them carefully.

Using Our Services

You must be at least 18 years old to use our Services. You must follow any policies made available to you within the Services, including our Privacy Policy.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not attempt to bypass or circumvent the security measures we use to protect YogiSites, the Services, and our users. Do not attempt to access user accounts other than your own. Do not use the Services to display libelous, defamatory, pornographic, obscene, abusive or offensive materials. Do not use the Services for malicious purposes. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Please note that a current mobile phone number is required for account recovery. It is your responsibility to make sure that the mobile phone number that you have on account with us is kept current. If you are unable to recover your account because you do not have access to the mobile phone number listed for your account you may not be able to modify your account or stop scheduled payments. In that case, please contact support@yogisites.com for assistance. Note that our support staff is not permitted to give account access, but they are permitted to suspend your account on a sufficient showing of ownership.

Crazy things happen. We cannot guarantee that the Services will work flawlessly until the end of time. You should always keep a backup of any and all materials that you use in conjunction with our Services.

Use of YogiSites

You may use our Services for the purpose of creating a personal website to promote your yoga teaching and/or yoga-related services. We consider reiki, massage, body work and the like to be "yoga-related". If you have a question about whether your activity is "yoga-related", please feel free to contact us.

You may use YogiSites in conjunction with a custom domain name. That domain name must comply with these Terms of Use (may not be libelous, defamatory, pronographic, etc). We provide instructions for using YogiSites with your custom domain name on our Help page.

You may not modify, resell, or otherwise transfer your YogiSites account. YogiSites Templates are provided as-is, with no warranty. By using a YogiSites Template on your website, you grant us the right to feature you, your name, your image, and your website on our website and other promotional materials, which may include showing an image of your website and providing a link to your website.

Third-Parties

Though we may recommend domain name providers ("Service Providers") and provide setup instructions, you are responsible for selecting compatible Service Providers and setting up the services necessary to use the Services. Of course, you are also responsible for working with your Service Providers to maintain the services you use in conjunction with YogiSites.

Privacy & Copyright Protection

Our privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that YogiSites can use such data in accordance with our privacy policies. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please send a detailed report of the infringement to support@YogiSites.com.

Modifying & Terminating Our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we'll be sorry to see you go. YogiSites may also stop providing Services to you, or add or create new limits to our Services at any time.

Our Warranties & Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services. We do not guarantee that our templates will render properly in all browsers. We generally try to make sure that our templates render properly in all modern major browsers, including the latest versions Google Chrome, Mozilla Firefox, Microsoft Internet Explorer, and Apple Safari.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER YOGISITES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability For Our Services

WHEN PERMITTED BY LAW, YOGISITES, AND YOGISITES' SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF YOGISITES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, YOGISITES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business Uses Of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify YogiSites and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees. By using our Services in the name or on behalf of a business, you are confirming that the business has authorized you to do so.

About These Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms that we publish for a particular Service, the additional terms will control for that conflict.

These terms control the relationship between YogiSites and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term in these Terms is not enforceable, that will not affect the rest of the Terms.

We may transfer, assign or delegate YogiSites, the Services, and these Terms and their rights and obligations without your consent. These Terms represent the complete and exclusive statement of our mutual understanding and supersede and cancel all previous written and oral agreements that may exist between us.

The laws of Texas, U.S.A., excluding Texas' conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Harris County, Texas, USA, and you and YogiSites consent to personal jurisdiction in those courts.

For information about how to contact YogiSites, please visit our contact page.