Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by lifdb.com, acceptance is expressly limited to these terms.
Changes. Lifdb reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Lifdb may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Services.Lifdb’s services, which are available on the Site help you find, discover, and browse news, information related to yoga, movement, and wellness, and allow you to submit information to the Site, and consume a wide variety of other content for your own use and for viewing by other users (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions and stipulations of these Terms of Service. These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content or public display on the Site.
Age.The Website is available only to individuals who are at least 18 years old, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a Lifdb member or to sue the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years old or older to use the Site in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. The Site and Service are administered in the United Sates and are intended for US users. Any use outside o the United States is at the user’s own risk and international users are responsible for compliance with local laws.
This Site Does Not Provide Medical, Health or Life Advice.The contents of the Site, such as text, graphics, images, polls, or other information obtained from lifdb’s licensors, and other material contained on the lifdb Site (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical or health advice, diagnosis or treatment. Always seek advice from your physician or other qualified health provider with any questions you may have regarding a medical condition or symptom. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Site.
Lifdb does not recommend or endorse any specific type of yoga, medical test, products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any exercise tips, advice or any information provided by the Site or any Lifdb employee, writer, or Site visitor is solely taken at your own risk.
Third Party Websites.The Site may contain links to third party websites that are not owned or controlled by Lifdb. Lifdb has no control over and assumes no responsibility for the content, privacy policies, terms, or practices of any third party websites. Lifdb will not edit or censor content of any third party websites. By using the Site, you expressly relieve Lifdb from any and all liability arising from your use of any third-party website.
Keeping Content.Following termination or deactivation of your account, or if you remove any User Content from your account, Lifdb may retain your User Content on the site.
Your lifdb.com Account, Site. If you create an account, upload an image, comment on the site or use any or the Site’s Services, you are responsible for maintaining the security of your account and any content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your images, descriptions, and any content that you upload, created, and linked. You must immediately notify Lifdb of any unauthorized uses of your account, image, descriptions, or any other breaches of security. Lifdb will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you create and post material to the Website, post links and images on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your account, images, and portfolio page are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; your account, images, and portfolio page are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account, images, and portfolio page URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by lifdb or otherwise.
By submitting Content to Lifdb, you grant Lifdb a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account, images, and portfolio page. Lifdb reserves the right to use the Content submitted by you for promotional materials, such as newsletters, social media channels.
Without limiting any of those representations or warranties, Lifdb has the right (though not the obligation) to, in Lifdb’s sole discretion (i) refuse or remove any content that, in Lifdb’s reasonable opinion, violates any Lifdb policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Lifdb’s sole discretion. Lifdb will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. Lifdb has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Lifdb does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Lifdb disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which lifdb.com links, and that link to lifdb.com. Lifdb does not have any control over those non-lifdb websites and webpages, and is not responsible for their contents or their use. By linking to a non-lifdb website or webpage, lifdb does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lifdb disclaims any responsibility for any harm resulting from your use of non-lifdb websites and webpages.
Intellectual Property. This Agreement does not transfer from Lifdb to you or any Lifdb or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Lifdb. Lifdb, the lifdb.com logo, and all other trademarks, service marks, graphics and logos used in connection with Lifdb and lifdb.com, or the Website are trademarks or registered trademarks of Lifdb or Lifdb’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Lifdb, lifdb.com or third-party trademarks.
Advertisements. Lifdb reserves the right to display advertisements on content produced by images submitted by you.
Termination. Lifdb may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your lifdb.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Lifdb and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lifdb nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Lifdb, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lifdb under this agreement during the twelve (12) month period prior to the cause of action. Lifdb shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Lifdb, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Copyright Infringement and DMCA Policy. As lifdb asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Lifdb violates your copyright, you are encouraged to notify LIfdb in accordance with Forward Facing Dog Digital Millennium Copyright Act (“DMCA”) Policy. Lifdb will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Lifdb will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Lifdb or others. In the case of such termination, Lifdb will have no obligation to provide a refund of any amounts previously paid to Lifdb.
A. NOTIFICATION OF INFRINGEMENT
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted or accessible on our website, https://lifdb.com, infringes your copyrights, then please follow these steps.
Submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Forward Facing Dog‘s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Identification of the copyrighted work claimed to have been infringed.
3) Identification of the 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, and information reasonably sufficient to permit Lifdb to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4) Information reasonably sufficient to permit Lifdb to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1) A physical or electronic signature of the subscriber.
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Lifdb may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
C. DESIGNATED COPYRIGHT AGENT
Lifdb‘s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent, Marianne Go
Forward Facing Dog, LLC
PO Box # 51691
15642 Sand Canyon Avenue
Irvine, CA 92619-9998
Email: [email protected]
For clarity, only DMCA notices should go to the Lifdb‘s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Lifdb’s customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Miscellaneous. This Agreement constitutes the entire agreement between Lifdb and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Lifdb, or by the posting by Lifdb of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Lifdb may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.