EFFECTIVE DATE: MAY 30, 2023
These Terms of Use are made and entered into by and between you and Yali. “Yali,” “we,” “us,” or “our” means either, Yali Martial Arts, LLC, with offices at 204/110, Arriyagoundampatti po, Suramangalam, Salem, Tamil Nadu 636005.
“You,” or “your,”refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence. By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. Further, you acknowledge that you have read and understood Yali’s Privacy Policy located at: https://www.yalimartialarts.com/privacy-policy (the “Privacy Policy”), which you understand will apply to the processing of your personal information in relation to the Site and the Services.
Yali may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. If we make any material changes to these Terms of Use, we will endeavor to notify you in advance of such change, by highlighting the change on the Sites or by sending an email to you at the email address that you have registered with us. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. You should return to this page periodically to ensure familiarity with the most current version of these Terms of Use.
To the extent that there is a conflict between these Terms of Use and the Additional Terms for a
license, class, permit, facility/equipment transaction, donation, and/or activity for which you are using
the Site to register or purchase, the Additional Terms of use shall govern.
These Terms of Use will remain in full force and effect as long as you are a user of the Site
and in the event of termination of any membership, service or feature, you will still be bound
by your obligations under these Terms of Use, including any indemnification obligations,
warranties, and limitations of liability. By using or attempting to use the Site, you certify that
(i) you are a resident of the India and are at least 16 years of age or, if under the
age of 16, your parent has consented to your use of the Site via our consent mechanism as
provided to your parent, or
(ii) you are not a resident of the India and are at least 18 years of age or, if under
the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the
Site.
You may browse the Site and view content without registering, but as a condition to using certain
aspects of the Site, you may be required to register with Yali and select a password and
screen name (your “registration”). You are responsible for maintaining the confidentiality of
your registration, and you undertake that you shall not disclose your registration to any other
person. You shall not
(i) select or use as your registration a name of another person with the intent to impersonate
that person;
(ii) use as your registration a name subject to any rights of a person other than you without
appropriate authorization; or
(iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
You shall be responsible for all uses of your registration, whether or not authorized by you. You
will immediately notify Yali in writing of any unauthorized use of your account, or other
account related security breach of which you are aware. You also agree to:
(i) provide true, accurate, current and complete information about yourself as submitted to
Yali, and
(ii) maintain and promptly update your registration information to keep it true, accurate,
current and complete
If you provide any information that is untrue, inaccurate, not current or incomplete, or Yali has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yali has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion. Yali's use of your registration data, together with other personal information, is addressed in the Privacy Policy.
In connection with User Content and your use of the Site, you agree that you will not, nor permit anyone else to, indirectly or directly:
The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Yali or its licensors, and are intended to educate and inform you about the events and other products and services offered or described on the Site. Subject to your compliance with these Terms of Use, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms of Use, we grant you a limited license to use the Site and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Yali. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Yali and will remain the exclusive property of Yali. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Yali’s ownership of the Site and the content therein.The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Yali and Yali’s advertisers, licensors, suppliers and others.
The Trademarks owned by Yali, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Yali, in any manner that is likely to cause confusion with customers, or in any manner that disparages Yali. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Yali, Yali’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Yali will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Although Yali strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Yali endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials have been contributed to the Site by various artists, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Yali expressly disclaims any liability with respect to the foregoing.
Yali and its designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).
If Yali does decide, in its sole discretion, to attribute User Content to you, you hereby grant Yali the right to use your member name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to Yali does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.
Yali reserves the right to delete from the Site any User Content, postings or member names and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of your registration and/or accounts with Yali. You acknowledge that Yali may or may not pre-screen User Content, but that Yali and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, Yali and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, as determined in their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Yali or submitted to Yali, including without limitation information in Yali’s message boards and in all other parts of the Site.
As a convenience to our members, we may provide links to third-party web sites. If you use these links, you will leave the Site. Your dealings with third parties through links to such third party websites or applications are solely between you and such third party. Unless otherwise explicitly stated, Yali is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Yali offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Yali expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Yali with respect to such sites.
Yali and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy. Yali makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that, to the extent permitted by law, neither Yali nor such third party shall have any liability with respect thereto. You agree not to forward or otherwise onwardly transmit any such email messages to other persons who are not named recipients of the original email.
These Terms of Use shall remain effective until terminated as set forth herein. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms of Use, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Yali may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Yali shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YALI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER YALI NOR MEMBERS OF THE SITE, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. YALI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER YALI
NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS
OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR
WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR
MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE
SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT YALI SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR
(I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE;
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 SITE OR ANY LINKED SITE;
(III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH YALI;
(IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY YALI;
(V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR
IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF YALI;
(VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE;
(VIII) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODE OF CONDUCT;
(IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
(X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS; MALICIOUS SCRIPTS;
OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY
THIRD PARTY;
(XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR
OTHERWISE MADE AVAILABLE VIA THE SITE;
(XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION;
(XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; AND/OR
(XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE.
You agree to indemnify, defend and hold Yali and its affiliates, licensors, suppliers,
advertisers and sponsors, and their respective directors, officers, employees, consultants,
agents and other representatives, harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys’ fees) and other expenses that arise directly or
indirectly out of or from
(a) your breach of these Terms of Use, including any violation of the Code of Conduct,
above;
(b) any allegation that any User Content or other materials you submit to us or transmit to the
Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party;
(c) your activities in connection with the Site; and/or
(d) termination of your access to the
Site.
Yali may assign its rights and obligations under these Terms of Use and upon such assignment, Yali may be relieved of any further obligation hereunder. You may not assign any of your rights or obligations under these Terms of Use. Any assignment in violation of these terms is void. Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
You represent to Yali that you have the authority to register with Yali according to these
Terms of Use. The failure of Yali to exercise or enforce any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision. The section titles in these
Terms of Use are for convenience only and have no legal or contractual effect. Yali may
provide you with notices, including those regarding changes to these Terms of Use and notices
regarding breaches of security, by email, regular mail or postings on the Site. Except for
certain Yali licensors, or as may be otherwise expressly provided herein, there are no
third-party beneficiaries to these Terms of Use. If any provision of these Terms of Use is held
to be unenforceable by a court of competent jurisdiction for any reason whatsoever
(i) the validity, legality, and enforceability of the remaining provisions of these Terms of Use
(including without limitation, all portions of any provisions containing any such unenforceable
provision that are not themselves unenforceable) shall not in any way be affected or impaired
thereby, and
(ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and
replaced by a provision that approximates the intent and economic effect of the unenforceable
provision and these Terms of Use shall be deemed amended accordingly.
If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at: support@yalimartialarts.com