Tristream - User Centered Application Design
Phil Dyer: Visual Design
Andrew Selbie: Development
By uploading any photographs and/or written materials including, without limitation, captions and stories (collectively, "My Materials"), I certify and acknowledge that I wholly own My Materials or have the sole and exclusive right to permit MyLifeYoga.com and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, "you" or "your") to use, edit, publish and otherwise exploit My Materials and my name in connection with My Materials without obligation or liability to me or any other party whatsoever.
I hereby grant to you the non-exclusive, irrevocable and unconditional right to describe, relate, publish and/or exploit My Materials in such manner as you shall elect, in whole or in part, on your websites and in print and electronic form or in any other media now or hereafter known or devised (including without limitation, books), and in related products and services in connection with any exploitation thereof (including but not limited to clothing, bumper stickers, mugs, toys, posters and other printed materials, and any related promotion and advertising of such items), throughout the universe in perpetuity, and in any advertising, promotion and publicity related thereto. I agree that you shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess My Materials in any manner you may in your sole discretion determine and to use them as you in your sole discretion may determine and to make derivative works of the same, in whole or in part, without notifying me and without obligation to me; and I waive any right to inspect or approve the final display or other exploitation of My Materials now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or any other compensation arising from or related to the use of My Materials.
I represent and warrant that I have the right to enter into this agreement and to grant, without the consent of any third parties, all the rights herein granted; that I have not exclusively granted or assigned or otherwise transferred such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit or diminish the rights granted to you hereunder. I, on behalf of myself, my successors, heirs, representatives and assigns, hereby irrevocably covenant that I will not assert a claim or maintain an action or suit and will not consent to the assertion or maintenance by others of any claim, action or suit (including, but not limited to claims, actions or suits for invasion of my rights of privacy, rights of publicity, defamation or rights in the nature of "droit moral") of any kind on account of the exercise by you of any of the rights herein granted or agreed to be granted to you.
I represent and warrant that if any minors appear in My Materials, I am the mother, father or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to you on behalf of such minors.
I agree to indemnify and defend you, and hold you harmless from and against any and all liability, losses, damages, costs, expenses (including but not limited to attorneys' fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by me hereunder (including, without limitation, with respect to any claims that I lack the authority to grant all of the rights (including rights of third parties and minors) herein granted). I agree that I will have no rights to terminate or rescind any rights granted to you hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL YOU BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF MY USE OF YOUR WEBSITES OR YOUR REMOVAL FROM YOUR WEBSITES OF, OR DISCONTINUATION OF ACCESS TO, MY MATERIALS. WITHOUT LIMITING THE FOREGOING, YOUR WEBSITES AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU DO NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF MY INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF MATERIAL.
This release is governed by and shall be construed in accordance with the laws of the State of Colorado, United States of America, without regards to its principles of conflicts of law. In the event of any dispute arising out of or in connection with this agreement or otherwise in connection with your websites or My Materials, such dispute shall be submitted to arbitration in Douglas County, State of Colorado, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of Colorado, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this agreement and any other agreements I may enter into with you, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this agreement or any other agreement between you and me, my sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this paragraph, and in no event will I be entitled to seek rescission, or injunctive or other equitable relief whatsoever. For any dispute not subject to arbitration according to this release, I agree to personal jurisdiction by the United States federal and state courts located in Lone Tree, Colorado, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will I be permitted to obtain awards for, and hereby irrevocably waive all rights to claim, punitive, incidental or consequential damages, and I irrevocably waive all rights to have damages multiplied or increased.
I agree that this instrument constitutes my entire agreement and complete understanding and that all prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written instrument. I agree also that you are under no obligation to make use of any right or privilege that I have granted to you.
This agreement shall bind my heirs, administrators, representatives, executors and assigns forever. You shall have the right to assign any or all of your rights hereunder to any person, firm or entity in your sole discretion. I may not assign this agreement to any third party, and any purported attempt to do so shall be deemed null and void ab initio.
I give you the foregoing permission with the knowledge and understanding that you will incur substantial expense in reliance thereon. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
I am the age of majority in my state of residence (which is typically 18 years of age in most states) and competent to contract in my own name. I HAVE READ THIS SUBMISSION RELEASE AND I FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS AGREEMENT. I AGREE TO BE BOUND HEREBY AND INDICATE MY ACCEPTANCE OF THESE TERMS BY CLICKING THE BOX BELOW. MY electronic consent to this Agreement (or to any other agreement between ME AND YOU), whether by clicking THE BOX BELOW or similar buttons provided in conjunction with any such agreement, shall constitute MY electronic signature and, according to the provisions of UNITED STATES federal law (INCLUDING, WITHOUT LIMITATION, UNITED STATES COPYRIGHT LAW), shall be of the same effect as if I had signed such agreement manually. UPON YOUR request, I agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN MYLIFEYOGA.COM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
This Agreement informs you of MyLifeYoga.com's practices with respect to the online collection, use, and disclosure of personal information from the Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our Website by providing you with information that suits your interests.
MyLifeYoga.com is the owner of this Website and retains all ownership rights to the information collected at this Website. MyLifeYoga.com reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
1.1 We may use the contact information you give us to better tailor your Website experience to your interests, and to send you information about MyLifeYoga.com and its services as well as promotional material on behalf of some of our partners. We may use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within MyLifeYoga.com in order to enhance your experience on this and other MyLifeYoga.com Websites.
1.2 In addition, we may share this information with advertisers or other third parties that are not part of the MyLifeYoga.com family on an aggregate or other basis that does not disclose your identity or contact information.
2.1 From time to time, we may conduct online surveys and contests. These may ask you for contact information (like name or email address) and demographic information (like zip code or age).
2.2 We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
3.1 This Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
3.2 We will use the financial information that you provide to bill you for products and services. By giving our Website your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
3.3 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
4.1 This Website may make available chat rooms, blogs, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
5.1 From time to time we may enter into a special relationship with another company that is not owned by MyLifeYoga.com to provide additional features at this Website. These special relationships may include "powered by" partners, business partners, sponsors, and co-branded sites (referred to here as "co-branded pages"). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner's website for information regarding its privacy policies.
5.2 Also, the nature of some features of our Website may require that we share personal information about you with persons or companies outside of MyLifeYoga.com. For example, this may occur at a feature that enables you, via our Website, to ask questions of persons or entities that are not part of MyLifeYoga.com. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
5.3 With respect to specific registration modules, like contests, we may disclose personal information collected, and we may post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
5.4 Finally, we may share any of the information collected from you with these other non-MyLifeYoga.com companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
6.1 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users' webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
7.2 In addition, on occasion our site may also set a "session cookie" which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires.
8.1 We have contracted with an ad-service to place banner advertising on our Website. All of the data provided and generated by the ad-server software remains in our possession. This feature of our Website may, on occasion, set "cookies" on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information described in this statement.
9.1 Consistent with the Children's Online Privacy Protection Act:
9.1.1 This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of thirteen (13).
9.1.2 In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
9.1.3 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
10.1 MyLifeYoga.com employs reasonable security measures consistent with standard industry practice, for information collected through this Website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our Website. We also use internal protections to limit access to users' personal information to only those employees who need the information to perform a specific job.
11.1 If this Website is sold to, or merges with, another company not owned by MyLifeYoga.com, you should expect that some or all of the information collected from this Website may be transferred to the buyer/surviving company. If so, ALA will seek to obligate the acquiring company to use any personal information transferred by this Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
12.1 You should be aware that MyLifeYoga.com may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
13.1 If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, please contact us at email@example.com.
14.1 This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Colorado , as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
14.2 You agree that any cause of action you or MyLifeYoga.com brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Denver, Colorado.
14.3 You agree to submit to the personal jurisdiction of the courts of the State of Colorado for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
14.4 If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and MyLifeYoga.com with respect to the use of this Website and shall not be modified except in writing, signed by an authorized representative of MyLifeYoga.com.
15.1 This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. MyLifeYoga.com makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this Website and submitting any personal information, visitors from outside of the United States acknowledge the this Website is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.