Last updated: August 12, 2020
Welcome to theshalayogastudio.com (the “Website”). We, being theshalayogastudio.com and/or its affiliates (the “Company”) own and operate the Website and are providing internet services to you subject to the following conditions. If you use, visit or shop at the Website, you accept these terms and conditions (“Terms”), so please read them carefully.
This electronic document is considered to be a legally binding and enforceable contract between you the Company. By using, visiting, or shopping at the Website you acknowledge that you are aware of and completely accept all of the terms and conditions of these
These Terms are divided into FOUR (4) sections, being:
1. General Terms for All Users;
2. Terms for Subscribers;
3. Code of Conduct; and
SECTION 1 – GENERAL TERMS FOR ALL USERS
Users include everyone who visits the Website, and includes those who have registered to view, enjoy and otherwise use the services offered by Website, whether for free or on a paid basis. Paid Users are referred to as “Subscribers”.
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All Content included on this site, such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Australia and international copyright laws. The compilation of all content on this site is also the exclusive property of the Company and protected by Australia and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Australia and international copyright laws.
theshalayogastudio.com and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in the U.S., Australia, and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
License and Site Access
The Company grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta-tags or any other “hidden text” utilising the Company’s name or trademarks without the express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
Use Of Information From This Website
Unless you have entered into an express written contract with this Website to the contrary, Users are not permitted to use the information contained in the Website (the “Information”) in a commercial or public setting or to broadcast, copy, save, print, teach, sell, coach, or publish the Information or any portions of the content of this Website. By viewing the contents of this Website Users agree to this condition of viewing and Users acknowledge that any unauthorised use is unlawful and may subject you to civil or criminal penalties. The User warrants that the User understands that accepting this provision is a condition of viewing the Website and that viewing constitutes acceptance.
Comments, Communications, and Other Content
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company has the right but not the obligation to monitor and edit or remove any information or other content. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
Copyright and Other Legal Rights Complaints
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole legal remedy is to return it in unused condition.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Members of the Media
As a User, you certify that you are not a member of the media, or that if you are, you are participating on this Website solely for your personal enjoyment and not as part of any investigation or gathering of information for dissemination of information to the public as news and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe on the Website will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other User whatsoever.
Disclaimer of Warranties, Limitation of Liability and Indemnification
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DOWNLOADING ANY FILES OR INFORMATION FROM THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE WEBSITE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. WHILE EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS OFFERED AND THEIR POTENTIAL AND EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES AND TESTIMONIALS IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, THEIR IDEAS AND TECHNIQUES. THIS PRODUCT IS NOT A BUSINESS OPPORTUNITY AND ONLY PROVIDES ADVICE AND TRAINING ABOUT INTERNET AND SEARCH ENGINE OPTIMIZATION. THIS IS A NEW PRODUCT AND SYSTEM AND AS SUCH THERE IS NO HISTORY OF EARNINGS FROM ITS USE. WE DO NOT TRACK ACTUAL EARNINGS OF USERS OF OUR PRODUCT AS THE SAME WOULD VIOLATE THE USERS TRADE SECRETS AND CONFIDENTIAL OR PROPRIETARY INFORMATION. THE INFORMATION ON THIS SITE IS OUR EXPERIENCE WITH THE PRODUCT. IF YOU WANT TO SHARE YOUR EXPERIENCE LET US KNOW.
BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH THIS WEBSITE, INCLUDING ANY BANNERS, ADVERTISING, OR POP-UPS, DOWNLOADS, AND AS A CONDITION OF THE WEBSITE ALLOWING USER’S LAWFUL VIEWING, USER FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION DUE TO USER’S USE OF THE WEBSITE AND BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE.
USER AGREES THAT IN THE EVENT USER CAUSES DAMAGE WHICH THE WEBSITE IS REQUIRED TO PAY FOR, THE USER, AS A CONDITION OF VIEWING, WILL REIMBURSE THE WEBSITE FOR ANY AND ALL COSTS RELATING TO SUCH DAMAGE, INCLUDING WITHOUT LIMITATION ANY LEGAL FEES.
By visiting the Website, you agree that the laws of the State of Western Australia, Australia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company, and any disputes shall be adjudicated in the State of Western Australia, Australia, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
Please review our other policies as posted on this Website. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SECTION 2 – CODE OF CONDUCT
All Users, including but not limited to Subscribers, hereby agree NOT to use the Website for any of the following:
Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
Use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any person to any other website for any purpose;
Posting or sending material that depicts people in a sexual or violent manner, or solicits personal information from anyone under the age of majority in that person’s jurisdiction of domicile;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
Engaging in advertising to, or solicitation of, other Users to send money, buy or sell any products or services not approved by the Company;
Transmitting any chain letters or junk email;
Soliciting gambling or engaging in any gambling or similar activity;
Posting advertisements or solicitations of employment or business;
Using the Website to promote, solicit, or engage in prostitution;
Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another User;
Make criminal accusations against another User;
Make or promote any type of racism or hate towards anyone in specific or a group of people;
Post, directly or indirectly, any personally identifying information about another member without their consent. “Personally identifying information” can include, but is not limited to, a person’s full name, first name, last name, email address, profession, phone number, address and place of work;
Use the Website for any fraudulent purposes;
Collect or store personally identifying information about any other User(s) for commercial purposes;
Impersonate any person or entity, including, but not limited to, a Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking;
Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for “cracking” software or other copyrighted content;
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services; and
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons;
Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to those under the age of majority;
Any controlled substances or pharmaceuticals;
Any counterfeit or stolen items;
Any goods or services that do not, in fact, exist;
Any registered or unregistered securities;
Any items that violate or infringe the rights of other parties;
Any items that you do not have the legal right to sell; and
Any items where paying the Company any of the required transactional or listing fees would cause the Company to violate any law.
You further agree that you will not harass, annoy, intimidate, or threaten any of the Company’s employees, affilates or agents.
What Personal Information About Users Does the Website Gather?
The information we learn from Users helps us personalize and continually improve your experience at the Website. Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing your Website experience, improving the Website, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many other websites, we use “cookies,” and we obtain certain types of information when your Web browser accesses the Website or advertisements and other content served by or on behalf of the Website on other Web sites.
E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from the Website if your computer supports such capabilities. If you do not want to receive e-mail from us, please click the “Unsubscribe” link located at the bottom of our emails.
Information from Other Sources: We might receive information about you from other sources and add it to our Account information.
What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as the Shopping Cart, personalized advertisements on other websites, and storage of items in your Shopping Cart between visits.
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
We also use third party advertisements on our Website to support our business. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (“interest based targeting”). The ads served will be targeted based on your previous browsing history (for example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting: http://www.doubleclick.com/privacy/dart_adserving.aspx.
Does the Website Share the Information It Receives?
Information about our Users is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, these businesses operate stores at the Website or sell offerings to you at the Website. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Promotional Offers: Sometimes we send offers to selected groups of the Website Users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please click the “Unsubscribe” link located at the bottom of our emails.
Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that the Company, or substantially all of its assets are acquired, customer information will be one of the transferred assets.
Protection of the Website and Others: We release Account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and other agreements; or protect the rights, property, or safety of the Website, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from Users for commercial purposes in violation of the commitments set forth in this Privacy Notice.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
What About Third-Party Advertisers and Links to Other Websites?
Our site includes third-party advertising and links to other Web sites. We do not provide any personally identifiable customer information to these advertisers or third-party Web sites.
The Website also displays personalized third-party advertising based on personal information about Users, such as purchases on the Website or use of payment services. Although the Website does not provide any personal information to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a personalized advertisement meet their criteria to personalize the ad. If you do not want us to use personal information that we gather to allow third parties to personalize advertisements we display to you, please contact us at firstname.lastname@example.org.
Are Minors Allowed to Use the Website?
No. This is a site for adults only.
Conditions of Use, Notices, and Revisions
If you choose to visit the Website, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the State Western Australia, Australia. If you have any concern about privacy at the Website, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check the Website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your Account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected Users.
For further information respecting your privacy, please contact email@example.com.