TERMS AND CONDITIONS
We offer a wide range of YiLi Services, and sometimes additional terms may apply. When you use a YiLi Service you also will be subject to the guidelines, terms and agreements applicable to that YiLi Service ("Service Agreement"). If these terms and Conditions are inconsistent with the Service Agreement, the Agreement will control.
Here are the Terms & Conditions for using Yili.us (http://www.yili.us) website and for purchasing images.
- TERMS AND CONDITIONS OF USE
- LICENSING AGREEMENT
TERMS AND CONDITIONS OF USE
Your Agreement with YiLi, LLC
Welcome to our website. Following are the terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND YiLi, LLC ("YILI.US", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.
Ownership of This Website
This website is owned and operated by YiLi, LLC All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by YiLi, LLC, its licensors and its content providers.
All elements of YiLi, LLC websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with YiLi, LLC or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of YiLi, LLC or its licensors unless otherwise expressly agreed. You shall indemnify YiLi, LLC, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
"YiLi, LLC", the YiLi, LLC logo, "Yili.us," and Yili.us logo are trademarks of YiLi, LLC and may be registered in some countries.
If you have any questions or comments about the archive send email to: firstname.lastname@example.org
YiLi, LLC grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in good faith, use of the specific image is intended.
Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use.
Yili.us requests that a credit reading "©Photographer's Name/Yili.us" appear adjacent to the images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges.
Notwithstanding the License Grant above, you may not:
Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from YiLi, LLC; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with YiLi, LLC in any manner; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
If you have any questions or comments about the archive send email to: email@example.com.
YiLi, LLC fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website.
In order to fulfill licensing transactions or provide service to you as a customer of YiLi, LLC, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number.
By providing this information to YiLi, LLC, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to YiLi, LLC, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the internet, such data may pass through any country.
If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside YiLi, LLC, its affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter. We will not send you information if you inform us you do not wish to receive such materials.
If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the update profile section of this website.
When you visit the YiLi, LLC website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
Cookies enable our website to recognize the information you have consented to give to our website, and help us determine what portions of this website are most appropriate for your personal needs.
If at any time you believe that YiLi, LLC has not followed the above policy, or if you would like your information to be removed from our system, please contact us at firstname.lastname@example.org We will make reasonable efforts to identify and correct any problem.
This site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that YiLi, LLC. shall not be liable for any damages of any kind related to your use of this site.
While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding YiLi, LLC, its operations, programs, and offers, please contact the company contact information provided on this site.
You agree to defend, indemnify and hold YiLi, LLC. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
If you have any questions or comments send email to: email@example.com.
Photography Service Agreement
This Agreement is made effective for all purposes in all respects as of order date by and between YiLi,LLC herinafter referred to as "the COMPANY" and YOU hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement
- RESERVATION: A signed agreement and service payment are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of agreement by the CLIENT, the service payment is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
- EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
- SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
- SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
- EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
- TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY address. Additional fees may apply for location and destination outside of the Washington, D.C. metropolitan area.
- RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
- VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
- PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
- FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has purchased an "Image DVD" from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an "Image DVD" from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
- MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. The CLIENT is responsible to inform all event guests of this release.
- LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this agreement due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
- In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
- CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
- POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
- PAYMENT SCHEDULE: The aforementioned 100% non-refundable service payment is due at the time of completing this service order
- PRICING: Services or merchandise not included in this initial agreement will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
Design Service Agreement
The following Terms and Conditions of Service apply to all design products and services provided by YiLi, LLC (hereinafter referred to as YiLi Design).
All work is carried out by YiLi Design on the understanding that the client has agreed to YiLi Design's terms and conditions.
Copyright is retained by YiLi Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by YiLi Design as fulfilling the agreement. All other designs remain the property of YiLi Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal, YiLi Design will provide the customer with a written estimate. The Terms and Conditions can be read on the YiLi Design website.
A copy of the written estimate is to be signed and dated by the customer to indicate acceptance and should be returned to YiLi Design. Alternatively, the client may send an official order in reply to the estimate which binds the client to accept YiLi Design’s terms and conditions, or an email acknowledging acceptance of the estimate. No work on a project will commence until acceptance of the estimate has been received by YiLi Design.
Charges for design services to be provided by YiLi Design will be set out in the written estimate that is provided to the customer. At the time of the customer's signed acceptance of this estimate, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 100% of the quoted fee will become immediately due. Work on the project will not commence until YiLi Design has received this amount.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate estimate or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the estimated amount) at the time of estimate or estimate acceptance.
Copyrights and Trademarks
By supplying text, images and other data to YiLi Design for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by YiLi Design on behalf of the customer, will remain the property of YiLi Design and/or its suppliers.
The customer may request in writing from YiLi Design, the necessary permission to use materials (for which YiLi Design holds the copyright) in forms other than for which it was originally supplied, and YiLi Design may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to YiLi Design, the customer grants YiLi Design permission to use this material freely in the pursuit of the design.
Should YiLi Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow YiLi Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold YiLi Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that YiLi Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by YiLi Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of YiLi Design and any of its relevant sub-contractors.
All design work - where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. YiLi Design will not be held responsible for any and all damages resulting from such claims. YiLi Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold YiLi Design responsible for any such loss or damage. Any claim against YiLi Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to YiLi Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to YiLi Design in electronic format as standard text (.txt), MS Word (.doc) via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by YiLi Design via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and YiLi Design will not be held responsible for any image quality which the client later deems to be unacceptable. YiLi Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
Design Project Duration
Any indication given by YiLi Design of a design project's duration is to be considered by the customer to be an estimation. YiLi Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by YiLi Design for the initial payment or by date confirmed in writing by YiLi Design.
Rights of Access for Website Construction
The client agrees to allow YiLi Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow YiLi Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply YiLi Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
YiLi Design considers the design project complete upon receipt of the customer's signed Approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website design only
YiLi Design require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, YiLi Design will provide the customer with the opportunity to review the resulting work. YiLi Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to YiLi Design by e-mail.
YiLi Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
YiLi Design offers a limited in-house hosting services through an out-sourced virtual server. YiLi Design does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. YiLi Design may request that clients change the type of hosting account used if that account is deemed by YiLi Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on YiLi Design’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and YiLi Design are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
YiLi Design cannot guarantee the availability of any domain name. Where YiLi Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, YiLi Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. YiLi Design recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow YiLi Design to place a small credit on printed material exhibition displays, advertisements and/or a link to YiLi Design own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow YiLi Design to place websites and other designs, along with a link to the client's site on YiLi Design own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
YiLi Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. YiLi Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that YiLi Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow YiLi Design to remove the contravention without hindrance, or penalty. YiLi Design is to be held in no way responsible for any such data being included.
YiLi Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. YiLi Design will not be held responsible for any and all damages resulting from products and/or services it supplies. YiLi Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold YiLi Design responsible for any such loss or damage. Any claim against YiLi Design shall be limited to the relevant fee(s) paid by the customer.
YiLi Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. YiLi Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. YiLi Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by YiLi Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.yili.us.
An estimate validated by the customer's signature or electronic reply on the estimate or estimate form, constitutes acceptance of the estimate or estimate and agreement to comply fully with all the Terms and Conditions and forms a agreement for Business between the signatory and YiLi Design.
Yoga Service Agreement
RELEASE & WAIVER OF LIABILITY
- I understand that I am participating in yoga sessions offered by YiLi, LLC., during which I will receive instruction about yoga, health and wellness. I recognize that yoga requires physical exertion that can be strenuous. I am fully aware of the risks involved.
- I understand that it is my responsibility to consult with a physician prior to and regarding my participation in yoga conditioning. I represent and warrant that I am physically fit and have no medical conditions that would prevent me from participation in yoga conditioning sessions. I assume full responsibility for any injuries or damages, known or unknown, which I might incur as a result of participating in yoga conditioning sessions.
- I knowingly, voluntarily, and expressly, waive any claim I may have against YiLi, LLC., its owners, employees, contractors and partners for injury or damages that I may sustain as a result of participating in the program. I acknowledge that I have carefully read this “release and waiver” and fully understand that it is a release of liability. I expressly agree to release and discharge YiLi, LLC., its owners, employees, contractors and partners from any and all claims or causes of action and agree to voluntarily give up or waive any right that I may otherwise have to bring legal action against YiLi, LLC., its owners, employees, contractors and partners for personal injury or property damage.
- This waiver applies regardless of whether you are using exercise equipment at the time of the injury or whether your injury occurs as a result of your presence upon the premises regardless of purpose or activity at the time of the injury-causing incident.
- Participant agrees and covenants not to sue or otherwise attempt to hold YiLi, LLC., its owners, employees, contractors and partners for any injuries regardless of the cause.
- This waiver and release agreement is intended to be as a broad as is allowed under the applicable law and applies to any and claims for damages, regardless of whether they are allegedly caused by the negligence of YiLi, LLC., its owners, employees, contractors and partners.
- To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of YiLi, LLC., its owners, employees, contractors and partners.
- If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
- I acknowledge that I understand its content and that this release cannot be modified orally.
- I understand the rules with associated with the reservation.
- Reservation will be cancelled if there is emergency or weather related situation.
- Reservation is not transferrable.
- There are no refunds.