termsofuse

Agreement

For all purposes the Yogyaland website i.e. www.yogyaland.com website or part of the website which are integrated on others’ websites in form of including but not limited to tools, widgets, frames, forms, etc., or the external tools that connects to website such as including but not limited to mobile applications, facebook applications, integration systems, streaming systems, partner systems, etc., shall be herein after referred to as 'Site'.

This Agreement contains the complete terms and conditions that apply to your participation in the Site. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. If you wish to become a member of this website and / or communicate with other members, please read these terms of use carefully before using the Site and its services. By accessing the site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. If you are already registered with us and donot agree to all the terms and conditions, you will have to disable your account and not reuse them. Any usage will be assumed that you agree to the terms and conditions. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site. We will also keep updating the last updated date of this agreement so as to allow you know if you have already read and accepted the same

ELIGIBILITY

This website including its tools, applications and services are intended solely for access and use by kids and individuals. If being accessed by kids, then an adult will have to supervise the usage of the system. By allowing your kids to access and use our Site including its tools, applications and services, you warrant and represent that you have agreed and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Use of the site & PROHIBITIONS

This Site allows you including but not limited to play games, watch videos, learn things. You understand and agree, however, that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Indian export control laws. You may only view but not download or print pages or other contents from the website for your own personal or commercial use, without approval of the company. You shall be subject to the restrictions set out below and elsewhere in these terms of use.

  • (a) You must not use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools. If you are under the age of 18, then you should do so under the supervision of an adult.
  • (b) You must not republish, sell, rent or sub-license any materials from this website including republication on another website;
  • (c) You must not collect and disclose information about users’ personal information;
  • (d) You must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
  • (e) you must not post false, inaccurate, misleading, defamatory, or libelous content;
  • (f) you must not take any action that may damage the rating system.
  • (g) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
REGISTRATION / MEMBER ACCOUNT

As a condition of becoming a member of this Site including the use of its tools, applications and services, you are required to register with the site on behalf of your kid(s) and be required to provide password and user name. You must complete the full registration process before your kid(s) can use them and shall provide the site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination or disablement or both, of your account. You shall not give out your kids details.

You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Privacy Policy.

In addition, you may register for more than one Member Account if you have more kids, but each account should have the separate Email and Username. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services.

LINKs & FRAMINGS

Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you do not remove or obscure any advertisements, copyright notices, poweredby Yogyaland, or other notices on the placed at the Site; (ii) the link does not state or imply any sponsorship or endorsement of your site and (iii) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.

CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU

You are responsible for the content of your communications, messages and posts, and its consequences. We reserves the right to terminate/disable your registration if we become aware, at our sole discretion, that you are violating any of the guidelines set forth in this agreement and privacy policy. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or expert guest, or from a member of our staff.

By participating in site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.

WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY

You represent and warrant that (a) all of the information provided by you to our Site to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.

It should noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.

INTELLECTUAL PROPERTY Rights

The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make part of the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site shall remain the property of Yogyaland and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Yogyaland. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. Waiver and Severability of Terms. Failure of the Yogyaland to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Disablement

This Agreement will remain in full force and effect while you use the Site. You may disable your membership at any time for any reason from your My Account Page. We may disable your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is disabled, certain sections of this Agreement will remain in effect.

Yogyaland does not provide any Delete Account or Terminate Account option.

You can Disable your account by which all your profiles and user account shall be disabled.

If you wish to re-enable your account in the future you can do so by sending an email to enablemyaccount@yogyaland.com with subject as "Enable my Account - Email address".

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of Bangalore,India, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Bangalore,India, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

DISCLAIMERS

SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO YOGYALAND SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY YOGYALAND/HEURION SITE IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY YOGYALAND SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.

Limitations of Liability

TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS' LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY YOGYALAND SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A YOGYALAND SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $10 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY YOGYALAND SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO YOGYALAND SITES OR CHANGE THE YOGYALAND SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

Last Updated Date: 1 September 2013