Last Updated February 14th, 2019
Welcome to Yogis pay Yogi! Before using this website, please read the following Terms of Service (“Terms”), which govern your relationship with Yogis pay Yogi and provide important information about your legal rights.
This website and its content and and services, including mobile applications, affiliated webpages, and other services (collectively the “Site”) are provided and maintained by Earthling Yoga LLC, DBA Yogis pay Yogi (“YpY”). Use of this website is conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By accessing and using YogispayYogi.com’s services, you represent and warrant that you understand and agree to abide by these Terms, as well as our Privacy Policy, Copyright & Trademark Policy, Community Guidelines, Seller Fees and Payout Rates Policy, YpY for Schools User Agreement, which are incorporated as part of these Terms.
1. MEMBERSHIP
A. Description
YpY is an open marketplace for yogis, yoga educators, and creators to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works (“Resources”). Individuals and/or organizations that utilize the YpY marketplace (“Users”) include those who have registered for a YpY account (“Members”) and those who browse the marketplace without registering for an account (“Visitors”).
B. Eligibility
Only individuals who are 18 years of age or older are eligible to become Members. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old. You also represent and warrant that the information you provide to YpY is true and accurate and does not violate the rights of any third party. If you become a Member on behalf of a school, organization, government, business, or other entity, you also represent that you have authority to bind such entity to these Terms. YpY may ask for proof of your age or identity at any time in order to verify your account, and may close or suspend access to your account if you violate these Terms or if YpY is unable to verify your age or identity. If your Account has been closed by YpY, you are no longer eligible to be a Member of our community.
C. Username & Password
To become a Member, you must pick a username and password for your account. It is your responsibility to keep your login information confidential, and you are responsible for any and all activity that happens under your account, whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our Customer Experience team as quickly as possible at support@YogispayYogi.com so we can help.
D. Membership Types
(i) Buyers. Many members join YpY for the purpose of purchasing and downloading Resources (“Buyers”). Buyers are able to make purchases, download free and purchased Resources, post Feedback, questions, comments, requests, or other public messages (“Communications”), submit requests for custom products, connect with other Members, Schools, or Organizations, and enjoy any other features and services we may offer.
(ii) Sellers. Some individuals join YpY in order to sell Resources (“Sellers”). Sellers include individuals offering their own authored works (“Teacher-Authors”) and organizations or entities offering materials produced by one or more employees or commissioned authors (“Publishers”). Sellers have all the same abilities as Buyers, and may also upload and sell Resources, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features. The tools and features available to a Seller depend on the Seller’s chosen Membership level. YpY reserves the right to modify your Seller Membership type at any time at our discretion. (See “Membership Fees” Section for more information about Seller Memberships.)
(iii) Organizations. Users such as Schools or other entities using YpY (“Organizations”) are bound by the provisions of the YpY for Schools User Agreement, which is incorporated as part of these Terms. Members who link their account to an Organization must comply with these Terms as well as the provisions of the YpY for Schools User Agreement.
E. Membership Fees & Purchases
(i) Purchases, taxes, and fees. You are responsible for paying any amounts due, including any applicable taxes and fees, when you make purchases on YpY. By placing an order, you represent and warrant that the billing information you’ve provided is accurate. YpY is not responsible for the information provided by our Sellers and does not guarantee the accuracy of sales tax calculations. For states with applicable marketplace collection laws, YpY will calculate, collect, and remit applicable sales tax. Where sales tax applies to your order, the amount of tax due will be estimated at checkout and may differ from the final sales tax amount that will be charged when your order is processed. Where sales tax is not collected, you are solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.
(ii) Buyers. Buyer membership is free and Buyers may, at any time, choose to upgrade to a Seller Membership.
(iii) Sellers. YpY offers multiple Seller Membership options with different features and privileges, Payout Rates, and Fees. Fees include membership subscription fees charged each membership term (“Membership Fees”), and fees charged per Resource sold (“Transaction Fees”). Sellers earn money based on a percentage of the list price for each Resource sold (“Payout Rate”). Payout Rates may vary depending on the type of Resource and Membership level. Your Payout Rate is applied only to the list price of each Resource at the time sold, before any Transaction Fees or Shipping Charges are applied. Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services. The Fees and Payout Rates for each Seller Membership are defined in our Seller Fees and Payout Rates Policy which is incorporated as part of these Terms.
(iv) Auto-Renewal. For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal. Click here or contact us if you wish to cancel your renewal.
(v) Fee Changes. YpY may make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Payout Rates associated with each Membership at any time. In advance of any Fee increase or change in Payout Rates, YpY will notify all affected Users at the email address associated with the account. Changes in Payout Rates will be applied to all affected Sellers as of the stated effective date of the change, irrespective of any individual Seller’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.
F. Relationship
Becoming a Member does not create an agency, employment, or partnership relationship between you and YpY. YpY is not the employer of and does not act as an agent for any Member.
G. Account Closure
(i) Closure by YpY. YpY may close or suspend the account of any Member at any time for any reason, with or without notice. If you’d like for YpY to close your Account so that it cannot be reopened upon login, please write to us.
(ii) Closure by You. You may close your YpY account at any time, without notice to us. You can close your Account from your My Account Basic page or by contacting us for assistance. If you close your Account on your own, you can reopen your Account anytime by logging in again.
(iii) Effect of Account Closure. After an account is closed, the user will no longer have access to account information, past purchases, uploaded Resources, or other account services. Communications posted on the YpY site will not be removed if the Account is closed. Resources posted will no longer be searchable, but paid Resources remain accessible to the Accounts of Members who have previously purchased them. For more information about your account information and our data retention practices, take a look at our Privacy Policy here.
(iv) Discontinue Services. YpY may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that that your account and related content may not be available to you or to other Users. YpY is not liable for any damage caused by a change, suspension, or discontinuation of our Services, including the loss of access to any Resources or loss of income from the temporary or permanent inability to sell Resources.
2. YPY COMMUNITY
A. Community Guidelines
As a User, you are required to follow our Community Guidelines which are incorporated as part of these Terms. YpY may modify or add to these rules at our discretion. If you violate any of these rules, YpY may take action against your Account, including removing posted content, removing Resources from your Account, suspending or terminating your Account, issuing a refund to your Buyer, or any additional action that we deem necessary.
B. Comments, Ratings, & Reviews
Users may have the option to provide a review of a Resource by providing a rating and a comment (“Feedback”). Any Feedback should reflect your honest experience using the Resource for its intended purpose and must comply with our Comments and Ratings Guidelines. YpY may, at any time, set additional requirements or limitations for leaving Feedback. Sellers may not leave feedback on their own Resources or otherwise attempt to undermine the integrity of our Feedback system. YpY may remove Feedback for any reason, at any time, without notice, and may ban a Member from leaving future Feedback.
C. Rewards Programs
YpY, at our sole discretion, offer Members opportunities to earn rewards through various programs or incentives (“Rewards Programs”). You can view the rules of our current Feedback Rewards program here, and current Referral Program here. YpY is under no obligation to offer a Rewards Programs of any kind or to issue compensation in any specific form. YpY reserves the right, at our discretion, to revoke or withhold compensation, or ban a Member from receiving Rewards or participating in a Rewards Program. YpY also reserves the right to modify, suspend, or discontinue any such Rewards Program at any time.
D. Monitoring Content
YpY has the right, but not the obligation, to monitor any activity and content associated with our Services. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate.
3. RESOURCE LICENSING POLICY
A. In General
This section describes the agreement between you and the Sellers you purchase Resources from. Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. YpY may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” YpY at no time owns or sells Resources for or on behalf of our Sellers.
B. Licenses
YpY Sellers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you’re purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. License types are explained below. Your use of any Resource, regardless of license type, is subject to this Resource Licensing Policy and other terms set forth in these Terms. In the event of any conflict between this Resource Licensing Policy and a Seller’s terms, this Resource Licensing Policy will govern, except that Sellers may grant certain additional rights to their Resources.
C. Individual License
An “Individual License” is a license that may only be assigned to a single specific individual user (“Assignee”) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee. Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), under an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.
If you purchase an Individual License, the Seller permits you to:
Assign use of the Resource to one Assignee. Once an Assignee has been designated, the Resource cannot be used by any other individual without purchase of an additional license.
As an Assignee of an Individual License, the Seller permits you to:
Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and to teach your students.
Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or otherwise reproduced.
Unless otherwise expressly permitted by the Seller:
You may not use the Resource, in part or in whole, for commercial purposes.
You may not post or otherwise make the Resource available on any website.
You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use.
D. Classroom License
Organizations using YpY for Schools may have the option to purchase an upgraded transferable “Classroom License” or upgrade an existing Individual License to a Classroom License. Classroom Licenses allow for reallocation from the original Assignee to a new user and are only available to YpY for Schools purchasers.a Classroom License may be used by only one user at a time. In order to transfer a Classroom License from one Assignee to another, an Organization must first reclaim the Classroom License from the current Assignee. An Organization may reclaim a Classroom License in order to transfer it to a new user no more than once per calendar year. YpY may, in its discretion, modify the frequency with which a Classroom License may be transferred, or allow additional transfers on a case-by-case basis. Under a Classroom License, the Seller grants to the purchasing Member, for use by one Assignee at a time, a non-exclusive, perpetual, irrevocable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.
If you purchase a Classroom License, the Seller permits you to:
Transfer the Resource to one Assignee (e.g. a teacher within your Organization) at a time. Unlike an Individual License, you can reclaim the license from the Assignee and re-assign it to a different user. You may not share a Resource with multiple users concurrently unless you purchase additional licenses.
As an Assignee of a Classroom License, the Seller permits you to:
Use the Resource for Personal Use only.
Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or reproduced.
Unless otherwise expressly permitted by the Seller:
You may not use any Resource, in part or in whole, for commercial purposes.
You may not post or otherwise make any Resource available on any website.
An Assignee may not continue to use a License that has been reclaimed by the Assignee’s Organization after the license is reclaimed.
E. Limitation on Access
(i) Downloadable Resources. YpY cannot guarantee continuous access to any Resource through our Service and it is your responsibility to maintain and store a copy of Resources.
(i) Digital and Video Resources. If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or YpY closes your account, or if YpY stops hosting the Resource for any reason.
4. INTELLECTUAL PROPERTY
A. Services and Site Content
Except for Content uploaded or posted by Members, all other aspects of the Site and the Apps you find on our Services are owned or controlled by YpY, including but not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission.
B. Your Content
(i) Rights you grant to YpY. You retain any intellectual property rights that you hold in your uploaded Content. YpY does not take or claim any ownership (copyright, trademark, or otherwise) over your Content. When you post or upload Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.
(ii) Rights you grant to others. When a Member purchases a license to use your Resource or downloads free Resources from you, you allow them to use your Resource in accordance with the license type purchased by such Member and any other terms or rights you expressly set forth in writing in connection with such Resources.
For Classroom Licenses, the list price will automatically reflect an increase over the price you set for an Individual License, and will be determined by applying a default “premium” percentage (determined by YpY) to the Individual License list price. The default premium percentage number is subject to change by YpY. As a Seller, you may increase the premium percentage (and therefore the overall price of a Classroom License) based on available increments up to 100%, but you may not set a premium percentage lower than the default determined by YpY. Please contact us for assistance.
(iii) Effect of account closure or Resource deactivation. If you or YpY closes, suspends, or otherwise limits or downgrades your Account, YpY will longer display your store page or your Resource Listings, and your Resources will no longer be available for purchase or download by Members who haven’t previously purchased them. If you or YpY deletes or deactivates a single Resource Listing, that Resource will not be available for purchase or download by Members who have not previously purchased or downloaded the Resource, and the Resource Listing will no longer be displayed in your store or in search results. YpY will continue to store your Resource file and make it available for download by Members who have previously purchased the Resource. YpY will continue to display your Communications unless you remove them.
C. Reporting Intellectual Property Violations
No Member may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else. It is YpY policy to close the Accounts of Members who repeatedly or egregiously violate this policy. YpY complies very closely with the Digital Millennium Copyright Act (DMCA) and other laws governing the use of intellectual property. YpY’s Copyright & Trademark Policy explains our policy and process for receiving notifications and removing potentially infringing material from our Services.
5. PAYMENT, EARNINGS, & PAYOUTS
A. Purchasing Terms & Refunds
(i) Refund Policy. By listing or purchasing Resources on YpY, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and non-refundable once an order is submitted. YpY may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers may authorize a full or partial refund for any reason by emailing billing@yogispayyogi.com , and can view refunds and applicable refund notes in their Sales Details report.
(ii) Payment methods and currency. YpY accepts a variety of payment methods including credit and debit cards, PayPal Accounts, School Purchase Orders, Yogis pay Yogi Account credits, and Yogis pay Yogi Gift Cards. YpY only accepts payment in United States Dollars (USD), and may add to our accepted payment methods at any time.
(iii) School Purchase Orders. Payment by School Purchase Order is available only to schools, districts, and other eligible educational institutions. By submitting a School Purchase Order, you represent and warrant that you have authority to bind the purchasing entity in the transaction, and that the entity agrees to pay the total price as quoted on the YpY Purchase Order Quote, including applicable processing fees. Invoices for School Purchase Orders must be paid in U.S. Dollars, and payment is due within twenty-one days of the Invoice Date. Cash payments and payments in other currencies will not be accepted.
(iv) Promise to pay. By making a purchase on YpY, you represent and warrant that you are authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that YpY may charge your payment method the amount due, and that YpY is not responsible for any additional fees you may be charged by your financial institution. Payment for certain purchases by Sellers may be collected through a deduction from the Seller’s next Earnings Payout, or by credit or debit card if the current unpaid earnings are not enough to cover the purchase price.
(v) Failure to pay and payment disputes. Failure to pay may result in late fees, Resource removal, Account suspension or closure, or any other action YpY deems necessary. If YpY receives notice of a disputed charge, YpY may offer proof to challenge the dispute, and, pending resolution of the dispute, may remove the purchased Resources from the user Account temporarily, or, if a refund is ultimately issued, permanently.
B. Earnings and Payouts
(i) Earnings. Sellers earn a percentage of the list price of each Resource they sell based on the Payout Rate that applies to their Membership Type (“Earnings”). Earnings are reduced by the full amount of any Transaction Fees that apply, and increased by the full amount of any shipping fees charged. For details on our Seller Membership options, and the Fees and Payout Rates that apply to each, see our Seller Fees and Payout Rates policy. Earnings are paid in monthly “Payouts” according to the schedule described in this Section.
(ii) Payout Account. To issue Payouts, YpY works with third party companies which process and transfer funds (“Payment Services”). To receive Payouts, Sellers must have an Account capable of receiving payments with a supported Payment Service (“Payout Account”). A list of supported Payment Services is available here. If you are unable to register a Payout Account, YpY may consider alternative means of issuing Payouts on a case-by-case basis. YpY makes no guarantees about the services offered by third party companies, and is not responsible for payment delays or other complications caused by Payment Services. YpY may modify the list of supported Payment Services at any time.
(iii) Schedule. Payouts are issued on a monthly basis, by the twenty-first day of the month following the month in which a sale was made. YpY may, at our sole discretion, withhold or delay a Payout if we believe a Seller is in violation of any of these Terms. Upon resolution of such issue, YpY will either refund the withheld sales or complete the Payout.
(iv) Payment Service Fees. Payment Services may assess transaction fees when transfering Payouts to you, in which case an amount equal to or less than the transaction fee will be deducted from your Payout. Transaction fees are subject to change, and YpY is not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
C. Sales Tax
Except in the case of Marketplace Collection, Users are responsible for the collection and/or payment of any Sales Tax owed. YpY Sellers may have the option to use a third party service (“Tax Services”) to enable sales tax collection on YpY in states where the Seller has designated a sales tax obligation.
(i) Seller Obligations. By operating as a Seller on YpY, you hereby represent, warrant, acknowledge, and agree that:
You will use the Tax Services only to calculate and collect sales tax in jurisdictions where you are registered to collect sales tax.
You will remit any collected sales tax that YpY provides to you to the appropriate taxing authorities in accordance with applicable laws. YpY is not responsible for and will not remit collected sales taxes for tax collected in states not designated in the list of Marketplace Collection states, or for any taxes collected in such states prior to the date on which YpY first begins Marketplace Collection in such a state.
You are responsible for designating the appropriate tax codes for your Resources. Where YpY has provided a default product tax code designation, you understand that it’s your responsibility to verify that selection (and modify as may be necessary).
The information you provide for the calculation and collection of sales tax, including but not limited to your street address, is accurate and up to date.
YpY is not responsible for, and does not guarantee the accuracy or availability of, Tax Services or any other service you use to calculate or collect taxes. The use of Tax Services or any third party service is at your own risk, and YpY is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services or resources. YpY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such services, goods or resources available on or through the Tax Services or any other Third Party Services.
You will indemnify, defend, and hold harmless YpY, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings (i) brought by third parties related to your use or misuse of the Tax Services or any other tax services you use in connection with the Services; and (ii) brought by any taxing authority, related to your failure to properly remit any taxes which are owed by you in in connection with your use of the Services.
(ii) YpY’s Obligations. YpY will calculate, collect, and remit sales tax on applicable orders in states having marketplace collection laws requiring us to do so (“Marketplace Collection”). The list of applicable states and effective dates for which YpY will provide Marketplace Collection, which will be updated from time to time, can be found here.
6. YOUR PRIVACY
A. Our Privacy Policy
The privacy and security of your data and the personally identifiable information you give us is important to us. Our Privacy Policy explains the data we collect from you and how we use it. By using YpY Services, you agree that we may use such data in accordance with our privacy policies.
B. Hosted Content
YpY does not control and is not responsible for the Content posted by Members, including any disclosures of personal information. However, if you believe that Content on our Services violates your personal privacy rights, contact us at support@YogispayYogi.com or by using our Contact Us form for assistance.
7. INDEMNITY
By using YpY, you agree to indemnify, defend, and hold harmless YpY, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
8. LIMITATION OF LIABILITY & WARRANTY DISCLAIMER
A. Our Services
YpY is offered “as-is” and “as available” without any guarantees. Although YpY strives to maintain high quality services at all times, disruptions may occur from time to time and YpY cannot guarantee that any or all features will always function or be continuously available. YpY may update or change available functionality at any time, and makes no guarantees as to the findability or searchability of any Resource Listing offered through our Services or how much any Seller may earn.
B. Agreement & Disclaimer
YOU AGREE THAT YPY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YpY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT YpY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YpY’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO Yogis pay Yogi DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
C. Content
YpY does not produce, approve, post, or upload Resources or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Members who posted the Content and do not reflect the opinions, or the official policy or position of YpY. YpY makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.
D. Interactions with other Members
Interactions and communications with other Users on YpY is at your own risk, and YpY is not liable for damages that may arise from your interactions with another Member of our Service.
E. Third Party Content
YpY cannot and does not make any representations or warranties about other websites or services, and accessing third party resources, including those presented as ads or links on YpY, is at your own risk.
F. Third Party Services
YpY may permit you to use other services or resources on the Internet in conjunction with our Service (“Third Party Services”). When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service.
9. CHANGES TO THESE TERMS
YpY may make changes to these Terms from time to time. This includes periodic changes to our Privacy Policy, Copyright & Trademark Policy, Community Guidelines, Seller Fees and Payout Rates Policy, and any other policies which are incorporated as part of these Terms. YpY may attempt to notify you of such changes by sending a message to the email address for your Account, posting notifications in our Services, or using other communication methods. The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
10. OTHER TERMS
A. Disputes With YpY
(i) Binding Arbitration. Any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration.
(ii) Waiver of Right to Trial. YOU AND YPY EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW. YOU AND YPY ALSO EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Mesa County Colorado to protect the party’s intellectual property rights pending completion of the arbitration.
(ii) Governing Law. These Terms are governed by the laws of the state of Colorado, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
(iii) Venue. YpY is located in Colorado with our headquarters in Grand Junction, Colorado. Any dispute subject to Binding Arbitration will take place in Grand Junction, Colorado. For any other judicial action that may arise between you and YpY, or for which our Binding Arbitration clause is found not to apply, both you and YpY agree to submit to the venue and personal jurisdiction of the state and federal courts located in Grand Junction, Colorado.
B. No Waiver of Rights
Any failure by YpY to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
C. Severability
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and the remaining terms remain in full effect.
D. Modified Rules for Government Agencies & Public Entities
(i) Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations.
(ii) State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.
(iii) No Endorsement. YpY will not use your name, seals, trademarks, or the fact that you’re a member of our Services to purposefully state or imply an endorsement of our Services. YpY will use your name, seals, trademarks, and the fact that you’re a member of our Services as necessary in the regular operation of our Services and to deliver our Services to you and to other Members.
11. SURVIVAL OF TERMS
If you cease using our Services or your Account is closed by you or by YpY for any reason, the following provisions survive and will still apply:
YpY’s intellectual property rights (as described in Section 4.A and Section 4.B);
Rules requiring continued access to your Resources for Members who have previously purchased or downloaded, including that, if you are hosting any Resource content through a third party, access through that third party host must be maintained;
YpY’s Refund Policy, Payment Disputes Policy, and licensing rules regarding the use of Resources you’ve purchased or downloaded;
YpY’s Privacy Policy;
Payout Terms for amounts remaining due, as explained in Section 5;
The provisions of Section 10.A in regard to disputes with YpY;
YpY’s warranty disclaimer as explained in Section 7 and Section 8.
12. HOW TO CONTACT US
You can reach us by emailing support@YogispayYogi.com, or by submitting a message using our Contact Us form. To submit a notice pursuant to the DMCA, follow the instructions in our Copyright & Trademark Policy here
YpY for Schools User Agreement
These additional terms apply to your use of YpY for Schools.
This Agreement (the “Schools Agreement”) is entered into between Teacher Synergy LLC dba YogispayYogi (“YpY”) and the Organization that you represent, and governs use of YpY for Schools by the Organization and each of its members. By using YpY for Schools, you and your Organization agree to these Terms, as well as the YpY Terms of Service and Privacy Policy (collectively, the “Agreement”). Your Organization is responsible for ensuring that you and all participating members of your Organization agree and abide by the terms of this Agreement. If the Organization doesn’t agree to any of the terms of this Agreement, please do not use the Service.
1. MEMBERSHIP
A. Organization Membership
An organization (such as a school or other educational institution) may create a collaborative account on YpY for Schools (“Organization Account”). Organization Accounts may be opened only by individuals with authority to bind the Organization to the Agreement. By creating an Organization Account, you represent that you are an agent of the Organization authorized to act on behalf of the Organization. Organization Accounts enjoy many of the same features as other YpY Members, as well as some additional features. Organization Accounts are owned by the Organization and may be controlled and administered by one or more Organization Account managers (“Organization Manager”). New and existing Members of YpY can be invited to link their personal YpY account to an Organization Account and will be added to the Organization’s roster as an “Organization Member.”
B. Removal of Members and Managers
Organization Members or Managers may be removed from an Organization at any time by the Organization, or by YpY. The Organization is responsible for removing Members who should no longer have access to the Organization Account. Once removed, Organization Members will no longer have access to any Distributed Licenses claimed by the account, can no longer submit Resource requests to that Organization, and can no longer access the Organization’s library or other Organization Account features. Similarly, once removed, Organization Managers no longer have access to the Organization’s library, request list, or any other Organization Account features including receiving and approving Resource requests, distributing Resource Licenses, or making purchases on behalf of the Organization.
If you’d no longer like to be an Organization Member or Manager, email us at support@YogispayYogi.com or submit a request through our Contact Us page and we’ll be happy to help with that.
C. Account Termination
The Organization or YpY may terminate an Account at any time upon written notice. Upon termination, all Members and Managers will be removed from the Organization Account, and Members will no longer have access to Organization account features. All warranty disclaimers, YpY’s limitation of liability, and confidentiality provisions remain in effect.
To terminate an Organization Account, the Organization Account Manager or another authorized representative of the Organization may contact us at support@YogispayYogi.com or submit a request through our Contact Us page and we’ll be happy to help with that.
D. Rights of Organization Managers
Organization Managers may:
Invite others to join the Organization Account;
Receive and approve Resource requests, and make purchases;
Distribute Resource Licenses to other Organization Members;
Remove Distributed Licenses from an Organization Member’s account;
Remove Members from the Organization Account;
Leave Feedback (comment and rating) for Resources purchased;
Manage and update account and billing information;
Manage Member permissions and privileges.
E. Rights of Organization Members
Organization Members may:
View the Organization’s library including purchased Resources and pending Resource requests;
Submit requests for Resources;
Receive and access Distributed Licenses;
Communicate and collaborate with other Organization Members and Managers.
F. Additional Privileges
Additional privileges may be added at the Organization or Organization Manager’s discretion. Resources purchased and shared by the Organization belong to the Organization and may be removed from a Member’s or Manager’s account at any time.
G. Your Personal YpY Account
Your personal YpY account remains your own. This means that only you have access to the Resources you’ve purchased on your own, and any free downloads you’ve added to your account. Your Organization will not see or have access to your personal information or purchases.
2. PURCHASES & REFUNDS
Organizations are responsible for paying for purchases placed from the Organization Account. YpY’s Refund Policy applies to those purchases. Purchased licenses that have not been claimed or claimed licenses that have not been downloaded are eligible for a refund. All other refund requests will be reviewed in accordance with the exceptions outlined in our Refund Policy.
3. LICENSE RIGHTS & SHARING
All Resources purchased on YpY are licensed to you by the Seller for limited and individual use in accordance with the provisions of our Terms of Service.
Using YpY for Schools, an Organization Manager has the ability to distribute Licensed Content to an Organization Member for that Member’s individual use (“Distributed License”). The Organization must purchase a separate Individual License for each Organization Member to whom Licensed Content will be distributed. A Distributed License is downloadable directly from the Organization Member’s YpY account and may be removed from that Member’s account upon request.
Unless otherwise permitted by the Seller or YpY, Resources may not be posted publicly or otherwise made available online, may not be distributed to Members in excess of the number of licenses purchased, and licenses are not transferable.
YpY may make additional license types available at our discretion and with consent of the Seller. License types, prices, and availability may vary.
4. FEEDBACK & CREDITS
Any YpY credits earned for leaving Feedback will be added to the YpY account of the Organization Manager who made the purchase and can be used towards future Organization purchases.
5. CONFIDENTIALITY
The Service and all related information are YpY’s Confidential Information. You may use the Confidential Information only for the purpose of evaluating and providing feedback on the Service. You agree that you will not disclose or copy any Confidential Information, and, if asked in writing, will return or destroy it. You may disclose Confidential Information to your employees, including those using the YpY for Schools service, only if your employees are bound to restrictions at least as protective of the Confidential Information as those in this Agreement. Confidential Information does not include information that (i) is generally known or available to the public, through no act or omission of yours; (ii) was known, without restriction, prior to receiving it from us; (iii) is rightfully acquired from a third party who has the right to disclose it without restriction; or (iv) is independently developed.
6. PRIVACY & INFORMATION SHARING
A. Generally
When you use YpY for Schools, Organization Account activity such as the Organization Member roster, the Organization’s library of Resources, and Resource requests will be visible to other Organization Members and Managers. Please review our Privacy Policy for additional details on how we collect, use, and share information.
B. Linking your Account
To connect to an Organization, you’ll be asked to provide or confirm your first and last name and your role. This information will be shared with your Organization, added to your Organization’s member roster, and may be visible to other Organization Members or Managers.
C. Requesting Resources
Members can submit Resource requests which will be received by email by the Organization Manager and will be visible to other other Organization Members as part of the Organization’s list of pending requests.
D. Receiving Resources
The Organization, via the Organization Manager, may distribute Resource Licenses to Members. Other Members and Managers may be able to see the Resource License recipient, claimed status, and whether the Resource License has been downloaded.
E. Purchases
All purchases placed by an Organization Manager will be added to the Organization’s shared library which is visible to all other Organization Members and Managers.
