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 Yogi Tunes, acceptance is expressly limited to these terms.
2. Your Yogi-Tunes.Com Account. If you create an account on the Website or mobile application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Yogi Tunes of any unauthorized uses of your account or any other breaches of security. Yogi Tunes 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.
3. Responsibility of Consumers. The downloading, streaming, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, or trademark of any third party.
4. Fees and Payment. Downloadable content is paid for ‘a la carte’ and the consumer will be charged via secure electronic payment system at the time of purchase. Your downloads will then be made instantly available to the consumer. Streamable content comes with a 30 day free trial at no cost to the consumer and at the end of the free trial period the consumers credit card will be charged $9 per month (or less if discounts have been offered). Yogi Tunes is responsible for maintaining the security of it’s online payment processing portal. The consumer is responsible for continually providing Yogi Tunes with up to date payment and billing information.
5. Support. All visitors of the Yogi Tunes website, online store and streaming application will receive customer support should they require it. Yogi Tunes endeavors to respond within 48 hrs via email support or in-app chat. Phone support is not available at this time.
8. Copyright Infringement and DMCA Policy. Yogi Tunes has cleared copyright and mechanical licenses for all content both visual and audio on its website, download store and streaming service. It’s streaming service complies with all current laws in effect surrounding commercial, web based applications of digital music download and streaming.
9. Intellectual Property. This Agreement does not transfer from YogiTunes to you or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Yogi Tunes. Yogi Tunes logo, and all other trademarks, service marks, graphics and logos used in connection with YogiTunes.com, or the Website are trademarks or registered trademarks of Yogi Tunes or Yogi Tunes’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 Yogi Tunes or third-party trademarks.
10. Changes. Yogi Tunes 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. Yogi Tunes 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.
11. Termination. Yogi Tunes 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 YogiTunes.com account (if you have one), you may simply discontinue using the Website Support for and/or account management areas of the website or mobile application. Yogi Tunes can terminate the Website immediately as part of a general shut down of our service. 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.
12. Disclaimer of Warranties. The Website is provided “as is”. Yogi Tunes 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 Yogi Tunes 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, stream or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Yogi Tunes, 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 or 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 Yogi Tunes under this agreement during the twelve (12) month period prior to the cause of action. Yogi Tunes 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.
15. Indemnification. You agree to indemnify and hold harmless Yogi Tunes, 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.
16. Miscellaneous. This Agreement constitutes the entire agreement between Yogi Tunes and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Yogi Tunes, or by the posting by Yogi Tunes 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 San Francisco County, California. 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; Yogi Tunes 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.