TERMS AND CONDITIONS OF USE, Privacy Policy.

TERMS AND CONDITIONS OF USE 

Last Updated on 01.03.2024. 

These are the official Terms and Conditions of Use for the YOGABIZLAB located at 1206 Geneva - Switzerland, herein known and referenced as “Company,” “Our,” “We,” and “Us.” 

Our emails are vanessa@yogabizlab.com and seb@yogabizlab.com. “You” and “Your” refers to users of this Company’s website, communications, offerings and related materials, herein known as “Offering.” 

NOTICE: This document constitutes a legally binding contract between the YOGABIZLAB and you regarding your purchase of website templates and digital products (herein referred to as the “Product”). It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program. 

GENERAL PROVISIONS 

This website is owned and operated by the YOGABIZLAB. 

You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time. 

PRODUCT LICENSE  

You are not permitted to share any YOGABIZLAB branded products that you have purchased with any other third party or attempt to copy or re-distribute the product and/or design elements in any way. 

Each product license is for one use of the product, which is licensed directly to you for your singular personal or business use. You are not permitted to use the Company’s product on multiple websites if you have multiple businesses or personal uses, as each purchase is for a singular license to utilize the product. Any violation of this clause shall result in an immediate termination of your license to use the product and a fee equal to the cost of an approximate estimate of additional license(s) violated without authorization in addition to any attorney’s fees or other fees applicable, not as penalty, but as liquidated damages for this infringement of the Company’s intellectual property and violation of this Agreement. 

NO REFUND POLICY 

All digital products, websites, templates, downloads, and any other purchases made on this Site are non-refundable under any circumstances. Purchased products cannot be exchanged for other products. 

CURRENCY 

All payments will be processed in the local currency, or if not specified at checkout, in USD. Orders can be processed in EUR upon request.

TAXES 

Sales taxes will be applied to your order as required by law in either Your or Our local area(s). 

INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for Your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

All digital products are protected by intellectual property rights and are not to be resold, repackaged, shared, or distributed without the written consent of the Company. 

The Company does not tolerate any infringement, exploitation, or misappropriation of its copyrighted property by You or any other third-party entities. All of the products sold on the Company’s Site are protected by copyright and trademark laws, and the Company shall use all measures to assert and protect its rights in those products and prevent them from being used by unauthorized users. 

LICENSE TO USE THE YOGABIZLAB PRODUCTS 

You are not permitted to make any copies of the Company’s branded products, provide access to it to any third parties, any persons, or entities other than Yourself, Your agents, and employees. You may not sublicense, distribute or pledge the Company’s products or any of the rights herein to any third party. Additionally, You will not use any third-party software, including any open-source software, in conjunction with any of the Company’s products, unless You ensure that such use does not cause the products to become subject to any third-party license applicable to such third party software or require the public disclosure or distribution of any other products or the licensing of any products, software, or material for the purpose of making derivative works. Finally, you shall not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Company’s source code or underlying ideas, techniques, or algorithms. 

LICENSED IMAGES 

All images that are included in any YOGABIZLAB products are either the Intellectual Property of the Company, or they are licensed intellectual property that the Company has licensed from third parties for use in its products. These licenses belong to the Company, and Your purchase of any YOGABIZLAB products does not constitute a purchase, lease, assignment, or transfer of any licenses to these images contained within the products. By accepting these terms and conditions, you understand and agree that You will not tamper with, sell, transfer, copy, modify, or otherwise edit any of the licensed images in the YOGABIZLAB products. 

You understand that the Company has multiple Licensing Agreements with third parties who are providing these images to the Company for its products. These Licensing Agreements do not grant You any rights in these images, or any permissions otherwise to use the images except as expressly instructed by the Company for customizing Your YOGABIZLAB product in the manner so established by the Company. Any violation of the rights of either the Company’s rights or the third-party licensors’ rights will be considered a breach of this Agreement. 

You understand that if You do breach this provision, each violation will result in a charged fee of five thousand EUR (EUR 5,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all YOGABIZLAB products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third-party licensors’ rights. 

LICENSED FONTS 

By using this Site, along with any YOGABIZLAB branded products, You understand and agree that You will be exposed to various fonts that are integrated into their software. These fonts represent licensed software packages from third party vendors that have entered into agreements with the Company to use their software in the YOGABIZLAB branded products. You are not entitled to in any way modify, copy, transfer, or otherwise make use of these fonts beyond their intended uses within the YOGABIZLAB products. You may not alter the YOGABIZLAB products in any way that would remove or otherwise compromise the fonts that are included in them in some way that would violate any of the rights held by the Company or of the third party licensors. You are only permitted to modify the fonts within the parameters of the YOGABIZLAB products customization features, and any unauthorized modifications that exceed these parameters will be considered a violation of this provision. 

PERMISSION TO USE WRITTEN COPY 

The Company includes multiple examples of copy, writing, or text within the YOGABIZLAB branded products that they sell. When You purchase these products from the Company, You are granted permission to modify, edit, copy, or otherwise change the text that is contained within the YOGABIZLAB branded products. The Company recommends that You use the copy that is contained within the products as an example that You may use to inspire Your own words that You may want to use. You are responsible for making these edits and modifications to the copy when You purchase a product from the Company on its Site, and You understand that the Company is not responsible for assisting You or otherwise making any changes to the copy for You. Additionally, You understand that other purchasers may be utilizing the same copy. 

EDITING AND UPDATING YOGABIZLAB PRODUCTS 

The Company has produced the products and services on its Site for the purpose of providing You a template that You can customize to fit Your unique needs as a part of Your online brand and presence. You understand that You are responsible for editing the template once You have received it to ensure that it will function properly on Your website. The Company is not required to assist You in setting up the template once You have received it. You may contact the Company if You are experiencing any technical issues not of Your own creation, so that the Company may discover the issue and attempt to correct it if it is an issue inherent in the software. You are permitted to edit the template within the boundaries, parameters, and instructions that are built into the template. You are not permitted to edit the template beyond the established boundaries, and any attempt to do so will result in a violation of these terms and conditions and will void Your license to use the template.  

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site. It is Your responsibility to review this policy for any changes or updates to the “Last updated” date, and if such an update has occurred then to examine these terms and conditions for the newest provisions or modifications. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

GOVERNING LAW 

These Terms of Use and Your use of the Site are governed by and construed in accordance with the laws of the State of Geneva Switzerland, applicable to agreements made and to be entirely performed within the State of Geneva, without regard to its conflict of law principles. 

DISPUTE RESOLUTION 

Informal Negotiations 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either You or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. 

USER DATA 

We will maintain certain data that You transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to Your use of the Site. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data. 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

CONSENT 

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy. 

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email. 

ALL RIGHTS RESERVED  

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company. 

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: 

YOGABIZLAB - 1206 Geneva - Switzerland: vanessa@yogabizlab.com and seb@yogabizlab.com.  

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