ACCEPTANCE OF TERMS
The use of iYogi site is subject to the following Site Terms. Use of this site constitutes your acceptance of these Site Terms which take effect at the time you first access the site. If you do not accept these Site Terms, you must not use this site. iYogi reserves the right to update the Site Terms at any time without notice to you. The most current version of the Site Terms can be reviewed by clicking on the “Site Terms” hypertext link located on our Web site www.iyogi.net. iYogi reserves the right to change these Site Terms at any time by posting changes online. It is your responsibility to refer to these Site Terms on accessing this site. Continued use of this site after such changes to the Site Terms constitutes acceptance of those posted changes.
iYogi, Us, Our refers to the technical support service brand owned by iYogi Inc. You, the Customer, User refers to a person or company who has subscribed to iYogi service from iYogi Inc. and, where relevant, the person using the website. Site, Website refers to http://www.iyogi.net and its sub links. Resource refers to a variety of resources, including download areas, communication forums and product information available on the website. Product, Service means iYogi support offerings, and may include 3rd Party Products. Issue means the reported technical issue/problem/fault with the Personal Computer and peripherals.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Resources are for your personal and non-commercial use. 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 obtained from the Resources.
YOU WILL NOT ALLOW ANY PERSON WHO IS NOT AUTHORIZED BY YOU, OR WHO HAS NOT ACCEPTED THE TERMS OF THIS AGREEMENT TO ACCESS THIS WEBSITE OR SUBMIT SUPPORT REQUESTS FROM YOUR COMPUTER.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Resources and Services, you will not use these for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Resources and Services in any manner that could damage, disable, overburden, or impair any iYogi server, or the network(s) connected to any iYogi server, or interfere with any other party”s use and enjoyment of any Resources and/or Services. You may not attempt to gain unauthorized access to any Resource and/or Services, other accounts, computer systems or networks connected to any iYogi server or to any of the Resources and/or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources and Services.
MATERIALS PROVIDED TO IYOGI OR POSTED AT ANY IYOGI WEB SITE
If you contribute to the site, through features such as “Forums” or any other means, which, from time to time are available, you agree not to contribute material that: (i) contains anything which is obscene, libelous, pornographic or otherwise objectionable or illegal; (ii) violates or infringe any statutory, common law, copyright design right or any other intellectual property rights of any other person or entity; (iii) contains material, the publication of which would be in breach of confidence or in contempt of Court; (iv) contains viruses or other similar contaminating or destructive features. iYogi does not claim ownership of the materials you provide to iYogi (including feedback and suggestions) or post, upload, input or submit to any Resources or its associated Resources for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting iYogi, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all iYogi Resources and Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. iYogi is under no obligation to post or use any Submission you may provide and iYogi may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Site Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Site Terms and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Site Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Site Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Site Terms, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE IYOGI SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IYOGI AND IYOGI IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. IYOGI DOES NOT WARRANT THAT ANY OF THE GOODS OR SERVICES LINKED TO OR ADVERTISED ON THIS SITE COMPLY WITH DATA PROTECTION OR OTHER RELEVANT LEGISLATION AND IYOGI ACCEPTS NO LIABILITY WHATSOEVER FOR ANY CLAIM ARISING FROM SUCH GOODS OR SERVICES. IYOGI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. IYOGI IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IYOGI OF THE SITE.
You agree to indemnify, hold harmless and defend iYogi from any and all loss, damage and expense (including legal fees) incurred by iYogi on account of any claim or lawsuit arising out of or related to your use of this site or material posted on this site under your Log-in details, whether or not authorized by you.
THE SERVICES ARE RENDERED BY IYOGI WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, IYOGI DOES NOT WARRANT OR REPRESENT THAT (A) THE SERVICE OR THE SITE WILL BE ERROR FREE OR UNITERRUPTED, (B) DEFECTS IN THE SERVICES OR THE SITE WILL BE CORRECTED, (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE, OR (D) THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON “AS IS” AND “AS AVAILABLE” BASIS.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IYOGI FOR DISSATSIFACTION WITH USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
LIMITATION ON LIABILITY
IYOGI WILL NOT, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES INCURRED BY USER IN CONNECTION WITH THE SERVICES, THE SITE OR ANY OTHER MATTER (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY IYOGI, OR FOR ANY DIRECT DAMAGES IN EXCESS OF THE SUBSCRIPTION OR SIMILAR FEES PAID BY USER FOR THE SERVICE OR FEATURE OF OR ON THE SITE (EXCLUDING PRICE RECEIVED BY IYOGI FOR ANY SERVICE) DURING THE SIX MONTHS IN WHICH USER INCURRED SUCH DAMAGES OR THE PRO RATA AMOUNT FOR THE UN-UTILISED PERIOD FOR THE SERVICE.
No fees and/or charges displayed on the website include any taxes or other government-imposed fees, unless expressly stated to include such taxes or other government-imposed fees. Taxes and/or any other government imposed fees will be payable by the user at the rate in force at the time we debit the amount from you and may change. User is responsible for the payment of all such taxes and other government- imposed fees.
GOVERNING LAW; JURISDICTION
These Site Terms are governed by and will be interpreted in accordance with the laws of the United States and by the laws of the state of New York without regard to its conflict of law provisions. You agree to submit yourself to the exclusive jurisdiction ordinary courts of New York. In the event of any dispute or difference arising out of or in connection with your use of the Site, we shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within 30 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under the applicable law,
All trademarks referenced on the website are the property of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.