Marqode Technologies Ltd.
Yoga Plus App Website
Terms and Conditions
Date of last revision: November 2015
The content of the pages of this website are for your general information and use only, subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Advertisements, Third Party Websites
The Company reserves the right to provide you with advertisements for Company or third party products, on this website, at its sole discretion.
You may gain access to third party sites on the Internet through hypertext or other computer links on this website. Third party sites are not within the supervision or control of the Company and the Company does not make any representation or warranty whatsoever about any third party site that is linked to this website, nor endorse the products or services offered on such site or in third party advertisements. The Company disclaims: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your use of third party websites is at your own risk and subject to the terms and conditions for such sites and you hereby irrevocably waive any claim against the Company with respect to such sites and third party content.
If another site causes you damages, look to that other site for relief
All intellectual property associated with the App and/or this website is owned by the Company or its licensors, which includes materials protected amongst others by copyright, trademark, or patent laws. All content on the App and/or this website (except for Personal Information as defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is the Company's proprietary property; all rights reserved.
The "Marqode" logo and trademark, the "Yoga Plus" logo and trademark, and any other product or service name or slogan displayed on the App and/or this website are Company's intellectual property and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. You may not use any metatags or any other "hidden text" utilizing "Marqode" "Yoga Plus" or any other name, trademark or product or service name of the Company without our prior written permission. In addition the look and feel of the Yoga Plus Application (the "App") and/or this website, including all visual design elements including page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of the Company and may not be duplicated, copied, imitated or used, in whole or in part, without our express prior written permission. The look and feel of this website is copyright © 2016 Marqode Technologies Ltd.
All other trademarks, registered trademarks, product names and company names or logos that appear on this website are the property of their respective owners.
If you are aware of an infringement of your brand please notify us by using the Notice-And-Takedown Procedure set forth in Section 12. If you are aware of an infringement of our brand, we would appreciate your letting us know by e-mailing us at email@example.com.
We do not provide you with the equipment to access this website. You are responsible for all fees charged by third parties related to your access and use of this website, (e.g. charges by Internet service providers, telephone providers). You are responsible for obtaining and maintaining any equipment or ancillary services needed to access the this website or otherwise use the this website, including, without limitation, modems, WIFI, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with this website.
Additional Terms and Disclaimers
You acknowledge and agree that in your use of this website, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
You further acknowledge and agree that the Company has the right to modify or discontinue, temporarily or permanently, all or any portion of the App and/or this website without notice. You agree that the Company will not be liable for any suspension, modification, discontinuance or lack of availability of the App and/or this website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
Links to this website. You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless from and against all damages losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or demand made by any third party due to or arising out of (a) your use of the App and/or this website, (b) your violation of this agreement; or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this:
▫ excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and
▫ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
In the event that any action or other proceeding is sought to be brought against the Company for any purpose, you agree, notwithstanding any legislative statute of limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against the Company and any persons who in law or at equity could claim contribution or indemnity against the Company.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE AND/OR APP WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE AND/OR APP.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT THEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU'VE PAID THE COMPANY IN THE PRIOR 3 MONTHS (IF ANY).
The Yoga Plus App & Health disclaimer
The Yoga Plus application described on this website can be downloaded from the Apple®'s App Store or from the Google® Play store.
WE RECOMMEND THAT YOU CONSULT YOUR MEDICAL DOCTOR BEFORE UNDERTAKING ANY OF THE PHYSICAL ACTIVITIES DEMONSTRATED BY THE APP. WE RECOMMEND THAT YOU ALWAYS CONSULT A CERTIFIED AND REPUTABLE YOGA TEACHER OR INSTRUCTOR BEFORE BEGINING TO USE THE APP. YOU ACCEPT AND AGREE TO WAIVE ANY AND ALL RIGHTS TO CLAIM ANY DIRECT OR INDIRECT DAMAGES OR LOSSES CONNECTED WITH THE EFFECT OF USING THE APP.
The App is intended for use only by individuals healthy enough to perform strenuous exercise. You should be aware that there are inherent physical and mental health risks to undertaking physical exercise, including risk of injury or illness. By using the App, you acknowledge and agree that your performance of any and all activities and poses shown on the App is wholly at your own risk. The Company will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any use of the App. While we may provide information whether text, graphic or videos describing how to perform certain activities such as specific poses or series of poses, you assume sole responsibility for performing those activities with proper form. We encourage you to seek multiple sources of information regarding how to perform each activity such as a pose or series of poses correctly and recommend you take lessons with a qualified yoga instructor, especially if you are new to yoga.
The Company owns, protects and enforces the rights in its own creative material and respects the rights of others. It is our policy not to permit materials known by us to be infringing to appear on this website. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through this website in a way that constitutes an infringement of such including but not limited to copyright, trademark or other intellectual property rights or privacy rights, please provide us with an infringement notice ("Notice") which should include the following written information:
A statement that you have identified Content (defined in Section 10.1) or other material on the this website, which infringes your copyright or other intellectual property rights;
Identification of the Content or other 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;
Your full name, email address, postal address and telephone number on which you can be contacted;
A statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
A statement by you that you have a good-faith belief that use of the Content or other material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; and
The physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
It is recommended that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims.
Notice of claims of infringement on or regarding Content or other material, should be sent to firstname.lastname@example.org
We reserve the right to change these Terms by posting. at any time, in our sole discretion, by posting changes on this website. Your continued use of this website after any amendment shall evidence your agreement to be bound by the revised Terms.
Contact Information. For communications concerning the Agreement, please contact us at: email@example.com
Severability. In the event that any provision of this Agreement is found to be contrary to law or unenforceable, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Israel, without regard to the choice-of-law principles thereof. . The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Notwithstanding the foregoing we may seek relief in any court of competent jurisdiction to protect or enforce our intellectual property and proprietary rights.
Assignment. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.
Notice. You agree that any notice, agreement, disclosure or other communication that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled.
The Company's failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
With the sole exception, set forth in Section 12 hereto, the provisions of these Terms are for the benefit of the Company and yourself, and these Terms are not intended to confer upon any person, except the Company and yourself, any rights or remedies hereunder.
Headings and subheadings in the Agreement are included for convenient reference only and are not to be considered in construing the corresponding text of the Agreement.