The following terms and conditions apply to Tummee web site located at www.tummee.com, and all content, services and products available at or through the web site around the world (the “Site”). The Site is owned and operated by Visiblebox LLC (“Tummee”). The Site is offered subject to your acceptance without modification of any of the terms and conditions contained herein (collectively, the “Agreement”). Please read these terms and conditions carefully before accessing or using the Site. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT USE THE SITE. Furthermore, Tummee reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Tummee grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
“Content” (the “Content”) comprises of, without limitation, text, links, scripts, software code, reports of any kind, images, logos, trademarks, color schemes, layout, user interface, visual interface, design, and interactions amongst various elements on the Site. Unless otherwise expressly noted on the Site, Tummee reserves all rights, title and interest in and to the Site and the Content, including all related intellectual property rights. You understand that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Tummee may modify or remove any Content on the Site at any time for any reason. This program is fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent is strictly prohibited by law, including Unites States federal law. Violators will be prosecuted to the maximum extent of the law.
The contents of Tummee at tummee.com are for your private use and informational purposes only. If you have a medical emergency, do not rely on the Content to treat your condition; call your doctor or go to a hospital immediately. The Content is not intended to be professional medical advice. Reliance on the Content or any other information provided by Tummee or any of its employees, officers, contractors, agents or others providing Content on the Site, verbally, via email, or in-person conversation is solely at your own risk. The Site and the Content are provided on an "as is" basis.
You will not copy or create derivative works of the Site or Content. You will not reverse engineer or make any attempt to discover the source code of the Site. You will not employ any device, software or routine which interferes or attempts to interfere with the operation of the Site or attempts to monitor any portion of the Site and/or Content. You will not attempt to get access to any data or information through any means not explicitly and purposely made available through the Site. You will not attempt to hack the site or check for security vulnerabilities of the Site. You will not attempt to get access to account information that does not belong to you. You will not take any action that imposes unreasonable load on the Site. You will not modify/remove/change information exchanged amongst various entities of the Site for any reason.
If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Tummee of any unauthorized uses of your account or any other breaches of security. Tummee will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Furthermore, you may not open multiple accounts to simulate or act as a single account or otherwise access the Site in a manner intended to avoid incurring fees.
If you submit any material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Material”), You are entirely responsible for the Material, and any harm resulting from, that Material. That is the case regardless of whether the Material in question constitutes text, graphics, an audio file, or computer software. By making Material available, you represent and warrant that:
By submitting Material to Tummee, you grant Tummee a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Material solely for the purpose of displaying, distributing and promoting your Material. If you delete your account or any Material, Tummee will use reasonable efforts to remove Material from the Site, but you acknowledge that caching or references to the Material may not be made immediately unavailable.
You grant Tummee permission to share your Material with other users of Tummee as deemed appropriate by Tummee for the sole purpose of promotion of your Material. You also grant these users with whom Tummee has shared your Material, permission to reproduce, modify, adapt and publish the Material for the purpose of displaying, distributing, and promoting your Material. Tummee has not reviewed, and cannot review, all of the Material, that is published, modified, adapted, and published by the users, and cannot therefore be responsible for the same, use or effects.
Tummee has the right (though not the obligation) to, in Tummee’s sole discretion (i) refuse or remove any Material that, in Tummee’s reasonable opinion, violates any Tummee policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Tummee’s sole discretion. Tummee has the right to remove any Material on the Site at any time for any reason or for no reason at all.
You may download only that Material from the Site that has been explicitly made available to you in the Site when using your own account login. Such Material belongs to a 3rd party and you may only reproduce, modify, adapt and publish the Material solely for the purpose of displaying, distributing, and promoting the Material. Tummee has not reviewed, and cannot review, all of the Material, including computer software, posted to the Site, and cannot therefore be responsible for that Material, use or effects.
Download of the Material and subsequent use of the Material is at your own risk and Tummee does not provide any guarantees on whether the Material is free of malware, useful, accurate or non-harmful. Tummee does not represent or imply that it endorses the Material there posted. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Material. The Material may be offensive, indecent, or otherwise objectionable, as well as may contain technical inaccuracies, typographical mistakes, and other errors. The Material may also violate the privacy or publicity rights, or infringe the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tummee disclaims any responsibility for any harm resulting from the download or use of any Material made available on the Site.
As Tummee asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tummee.com violates your copyright, you are encouraged to notify Tummee by sending an email to firstname.lastname@example.org. Tummee will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tummee will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tummee or others. In the case of such termination, Tummee will have no obligation to provide a refund of any amounts previously paid to Tummee.
This Agreement does not transfer from Tummee to you any Tummee or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tummee. Trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of respective parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Tummee or third-party trademarks.
Tummee reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Terms of Service constitutes acceptance of those changes. Tummee may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Terms of Service.
Tummee may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tummee.com account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We are not medical professionals. We are not licensed to give any medical advice.
Any information provided on the Site is not intended to be taken as a replacement for medical advice
and is meant for educational purposes only.
If you have a condition that requires medical attention please consult a physician.
All information on the Site is for your private use and informational purposes only.
Reliance on the content at tummee.com or any other information provided by Tummee or any of its employees, officers, contractors, agents or others providing Content
on the Site, verbally, via email, or in-person conversation is solely at your own risk. The Site and the Content are provided on an "as is" basis.
Tummee employees, its contractors, and its licensors, and their respective directors, officers, employees and agents cannot guarantee that the content, e.g., remedies, are safe and proper for every individual. For that reason, information is made available without warranties or guarantees of any kind. Any liability, loss or damage in connection with content, including but not limited to any liability, loss or damage resulting from the application of the content, or the advice and information given here, is expressly disclaimed.
Please note that any remedies (such as yoga poses) mentioned on the Site are alternative or complementary to healing arts services licensed by the state, and the remedies are not licensed by the state. Furtheremore, there is no evidence that the recommended remedies help at all.
Classification of yoga poses into different levels such as beginner, intermediate, advanced, etc. is our own and in no way implies that you will also find the yoga pose at the same level. I.e., you may find a yoga pose classified as beginner level, very difficult. So approach all yoga poses with extreme caution. Please consult a physician before beginning any exercise program including yoga.
The Site is provided “as is”. Tummee and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tummee nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Site at your own discretion and risk. The Material posted to the Site may be deleted or modified permanently due to software, hardware, or operator error. You agree that the Material you post to the Site is at your own discretion and risk, and Tummee is not liable for any loss or damage to the Material and associated consequences to you or your business.
In no event will Tummee, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tummee under this agreement during the twelve (12) month period prior to the cause of action. Tummee shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Any feedback, comments, ideas, reports, concepts, and know-how (collectively “feedback”) that you provide to Tummee shall be deemed to be non-confidential. Tummee shall be free to use such information on an unrestricted basis.
You agree to indemnify and hold harmless Tummee, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Tummee and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tummee, or by the posting by Tummee of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tummee may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.