AGREEMENT BETWEEN USER AND
NudeYogaLife, LLC (“NYL”)
This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Please read the information carefully. Your access to, and use of, this website constitutes your agreement to all such terms, conditions, and notices.
NYL owns and operates nudeyogalife.com and related video services (collectively, the “Services”).
The purpose of the Services is to provide a safe space for consenting adults to share information and images about the practice of the ancient art of yoga in the nude for spiritual, physical, and mental well-being. The videos, still photos, and other content shared on the Services are intended to provide artistic assistance in this spiritual, physical, and mental journey, and are not posted to appeal to the prurient interest.
COPYRIGHT AND TRADEMARK NOTICES
No infringement on third party trademarks is intended. NYL does not make any claim to any intellectual property rights associated with any third parties mentioned on this website. All other product or brand names are trademarks of their respective owners.
Everything you see, hear or read on this site, all materials, images, illustrations, data, designs, icons, photographs, videoclips and written material that is part of this site (unless otherwise noted) is the property of NYL and Copyright © 2015 through the current year, NudeYogaLife, LLC. All rights reserved.
NYL expressly disclaims any representations or warranties that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with NYL.
Images of people or places displayed on this site are the property of NYL unless otherwise noted. The use of these images by you, or anyone else authorized by you is strictly prohibited unless specifically permitted in writing by NYL. Any unauthorized use of the images may violate laws including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
NYL respects the intellectual property rights of others and expects users of its services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, NYL will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
3012 N. MORGAN ST.
TAMPA, FL 33603
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This website is for your personal information, education, communication, entertainment, and noncommercial use. You are not authorized to download documents, parts of documents, videos, photographs, logos and other materials from our Site for your own commercial or online purposes without our prior written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this web site.
IMPROPER USE OF THIRD PARTY LIKENESS
NYL is intended to bring peace and harmony to the community it serves. NYL will not tolerate the posting of another person’s image without that person’s permission. We reserve the right to remove content alleged to violate someone’s privacy without prior notice, at our sole discretion. In appropriate circumstances, NYL will also terminate a user’s account without refund or any other liability. To report the use of your image without your consent, please send an e-mail to email@example.com with the subject line “Please remove image”. In the body of the email, identify by url the image you claim has been posted without your consent. NYL’s policy is to remove the item within 72 hours. NYL will not be liable for failing to remove the item in the stated time frame. If the image is not removed within 72 hours, please contact us again. We do not intend to have anyone’s image displayed against their will.
SURVEYS & CONTESTS
From time to time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and may include demographic information (such as ZIP code). Contact information will be used (shared with the contest/survey sponsors) to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice. Surveys and Contests are not open to users under the age of 18.
Although NYL works very hard to provide you with the most current and accurate information on this site, NYL does not warrant or represent that anything you see on this Site is up-to-date, error-free or complete. Your access to and use of the services or any content are at your own risk. You understand and agree that the services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, NYL DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NYL makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the website or related services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the website or related services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the website or related services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from NYL will create any warranty not expressly made herein. While we may periodically add, modify or delete any of the information on this site, NYL does not make any commitment or assume any obligation or duty to do so. If you find information on the site that is incorrect, please contact us.
IN NO EVENT SHALL NYL ENTERPRISES, LLC AND/OR ITS SUBSIDIARIES OR AFFILIATES OR ADVERTISERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS OR DATA, WHETHER BASED UPON AN ACTION IN CONTRACT OR TORT, AND REGARDLESS OF WHETHER SUCH A CAUSE OF ACTION ARISES OUT OF THE USE OR PERFORMANCE OF THIS SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If this disclaimer should fail its essential purpose, then the user agrees that any claim against NYL shall be limited to the claimant’s actual damages or $100.00 whichever is less. If the user is unwilling to be bound by this site’s limitation on liability and damages, then the user is prohibited from any use of this site. These limitations shall apply to any other theory of liability, whether based in warranty, contact, statute, tort (including negligence) or otherwsie, and whether or not NYL has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
NYL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment (including hardware, software, peripherals, files and databases) or other property on account of your access to, use of, or browsing in this site, or your downloading of any materials, data, text, graphics, images, audio or video from this site.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to NYL that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and posting and retrieval of information on the site. You are responsible for paying and/or collecting and remitting all applicable fees and taxes imposed upon you by the appropriate governmental entity and incurred in connection with your access to our servers.
LINKS TO THIRD-PARTY SITES
This site contains hyperlinks to web sites operated by parties other than NYL. Such hyperlinks are provided for your reference and convenience only. NYL does not control such websites, may not have reviewed such websites and expressly disclaims any responsibility for their contents. The inclusion of hyperlinks to such websites does not imply (and NYL expressly disclaims) any endorsement of the material on such web sites or any association with their operators. Linking to any off-site pages is at your own risk.
EMAILS AND SUBMITTED MATERIAL
Any communication or material you transmit or submit to this site or NYL by electronic mail or other means, including any data, questions, comments, suggestions, will be treated as nonconfidential and nonproprietary. Anything you transmit, submit or post to this site may be used by NYL for any purpose, publication, broadcast and posting without any further consent from, or notice to, you. NYL is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing products or services using such information.
By communicating with NYL, you warrant and represent that you are over 18 years of age. As to any visual depictions or images to you provide or upload to NYL, you further warrant and represent that any persons whose image is being presented is over the age of 18 and has given his or her permission to have the photo shared on the internet.
By communicating with NYL you grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NYL the right to use the username that you submit in connection with such content. You represent and warrant that you own or otherwise have the right to grant NYL the required license to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that you have not removed any watermarks or markings intended to show copyright ownership, and that you will indemnify, defend and hold harmless, NYL for all claims resulting from content you supply. NYL has the right but not the obligation to monitor and edit or remove any activity or content, and will determine in its sole discretion whether to display photos or post submissions based upon this site’s guidelines.
Only submit a photo with which you are directly involved in the creation process. If the photo you wish to submit was taken by a professional or other third party photographer you must have permission from the photographer as the photographer has legal rights to the photo. NYL will not approve pictures that include penetration, or that are otherwise sexually explicit in nature including but not limited to pictures that depict actual or simulated oral, anal or other sexual contact or masturbation. NYL only accepts photos of individuals; do not submit a photo of you with someone else or of other people.
NYL takes no responsibility and assumes no liability for any content posted by you or any third party.
Any claim relating to this agreement or the materials shall by governed by the laws of the State of Florida, United States of America, without regard to its choice of law rules. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of NYL in exercising any right or remedy hereunder or enforcing the terms and conditions of this agreement will operate as a waiver thereof. If any part or provision of this agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this agreement. The parties agree that the operative state or Federal court covering Hillsborough County, Florida shall be the sole venue for any dispute arising out of their relationship, and hereby consent to jurisdiction of the Court.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NYL as a result of this agreement or use of this web site.
Any rights not expressly granted herein are reserved.
SPECIAL NOTICE TO CHILDREN
IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT PERMITTED TO VISIT OR CONTRIBUTE TO THIS SITE. In compliance with the Children’s Online Privacy Protection Act (COPPA) NYL will not collect personal information from anyone under the age of 13, because anyone under the age of 18 is not permitted on this Site. If you are under the age of 18, you are not permitted to submit any information to this Site.
CHANGES TO THIS AGREEMENT
NYL may at any time in its sole discretion modify the terms of access to this Site. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification.