Terms and Conditions

Terms and Conditions

Introduction

ChoChing LLC (“ChoChing”, “we”, “us” or “our”) requires that any visitor (“User” or “you”) to Ying & Yang Living, www.yinandyangliving.com (the “Site”) adhere to the following rules and regulations. By accessing the Site, User indicates User’s acceptance of and agreement to these terms and conditions, as may be amended without prior notice by ChoChing. This agreement is subject to change at any time, and changes are effective upon posting. We strongly recommend that you bookmark this page and check for any updates frequently as it is up to you to refer to this page for any amendments/changes to the original agreement.

Please read the terms and conditions carefully.

1. Eligibility

You must be 18 years of age or older to subscribe to any services provided on or through the Site or to join our e-newsletter.

You are voluntarily choosing to use ChoChing because you want to view, read and/or hear the various materials which are available or temporarily available, for your own personal enjoyment, information and/or education.

You represent and warrant that you have not and will not use and/or view the Site in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

2. ChoChing May Discontinue or Suspend the Site or Terminate Your Use

ChoChing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that ChoChing shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, ChoChing reserves the right to terminate your access to the Site for any reason and to take any other actions that ChoChing, in its sole discretion, believes to be in the interest of ChoChing and its users as a whole.

3. Non-Commercial Use by Users

This Site is for the personal use of Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Site for any purpose including, but not limited to:
•    Sending unsolicited commercial email to Users.
•    Sending advertisements for other websites and services in this Site’s mail or forums, or using visitor personal identifying information for commercial purposes.

Any illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including,without limitation, civil, criminal, and injunctive redress and/or termination of use at ChoChing’s sole discretion.

4. ChoChing Has All Rights in the Site and Content; You Grant ChoChing Certain Rights When You Submit Content

(a) The Site, including, without limitation, all text, photographs, graphics, video and audio content (“Content”) contained on the Site, is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and ChoChing (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. All individual articles, blogs, videos, Content and other elements comprising the Site are also copyrighted works, and ChoChing (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.

(b) By posting or submitting Content on or to the Site, regardless of the form or medium with respect to such Content, you are giving ChoChing, and its affiliates, agents and third-party contractors, the right to display or publish (either in the form or medium submitted or in the form of a derivative or adapted work in any medium, now known or later developed) such Content on the Site and its affiliated publications, to store such Content, and to distribute such Content and use such Content for promotional and marketing purposes. Users may post comments and submit “Zen Message of the Week” suggestions. By submitting a suggestion, User agrees to allow ChoChing to post User’s submission on the Site.

(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ChoChing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by ChoChing and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by ChoChing and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ChoChing all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ChoChing or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business or funds.  ChoChing reserves the right to remove or not publish submissions without prior notice. You understand that when you submit Content in any form to the Site, ChoChing may authorize such Content to be distributed or syndicated to or published on other environments and in other mediums.

5. You Have Rights if You Believe Your Copyright is Being Infringed

If you are a copyright owner or agent thereof and believe that any Content on the Site infringes upon your copyright, please submit notice (“Notice”), pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c)) by e-mail to feedback@yinandyangliving.com with all of the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that for security reasons attachments cannot be accepted at this e-mail address. Accordingly, any Notice submitted electronically with an attachment will not be received or processed.

6. Your Use of ChoChing’s Content is Restricted

(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any Content thereon, except as permitted under the last sentence of this Paragraph 6(a) and except that you may make one printed copy that is limited to occasional articles of personal interest only for non-commercial use. Without limiting the generality of the foregoing (but subject to the last sentence of this Paragraph 6(a)), you may not distribute any part of this Site or any Content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as ChoChing from time to time may excerpt materials from other sources in order to support the various commentaries and writings contained herein, ChoChing respects the right of others to make “fair use” of the materials contained on the Site; accordingly, you may from time to time excerpt and use materials set forth on this Site consistent with the principles of “fair use” under U.S. Copyright Law.

(b) ChoChing is concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that ChoChing has not authorized to be displayed with the Content of the Site. Neither you nor any third party shall make use of the contents of the Site in any manner, including without limitation framing the Site or any portion thereof, that constitutes an infringement of ChoChing’s rights, including, but not limited to, copyright, or that has not been authorized by ChoChing.

7. ChoChing is Not Responsible for and Does Not Necessarily Hold the Opinions Expressed by its Content Contributors

Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of ChoChing. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute Content through the Site, ChoChing is not undertaking any obligation or liability relating to the Content. ChoChing and its affiliates, successors, assigns, employees, agents, directors, officers, board members and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful Content. ChoChing and its affiliates, successors, assigns, employees, agents, directors, officers, board members and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, ChoChing reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

8. You Will Be Responsible for Any Harm ChoChing Suffers as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties

You agree to indemnify and hold harmless ChoChing and its affiliates, and their respective members, directors, officers, board members, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. ChoChing reserves the right to take over the exclusive defense of any claim for which ChoChing is entitled to indemnification under this Paragraph 8. In such event, you shall provide ChoChing with such cooperation as is reasonably requested by ChoChing.

9. Privacy Policy

ChoChing’s privacy policy governs the privacy rights on the Site. The policy may be changed electronically and you fully understand that any change or modification has to be monitored by you continuously keeping up to date with the latest policy update.

10. Your Use of the Site is Subject to Certain Disclaimers

The Site is available “as is”. ChoChing does not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Site. ChoChing makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Site or any information or goods that are mentioned, available, advertised or sold through the Site. ChoChing makes no representations, nor does ChoChing endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on the Site or available through links on the Site. ChoChing reserves the right to correct any errors or omissions on the Site.

Although ChoChing intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Site, ChoChing does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. ChoChing is not liable for any damages or harm attributable to such features. If you rely on the Site and any materials available on or through the Site, you do so solely at your own risk.

The Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by ChoChing or by third-parties. Due to the number of sources from which content on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on the Site or through links is not adopted or endorsed by ChoChing and remains the responsibility of such third parties.

CHOCHING IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE.

UNDER NO CIRCUMSTANCES IS CHOCHING TO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE AND/OR ANY CONTENT POSTED ON THE SITE.

11. Limitation on Liability

ChoChing and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid to us, if any, for use of the Site.

12. Indemnity

You agree to indemnify and hold ChoChing and any of, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site and/or the service in violation of this Agreement and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above.

13. Disclosure to Third Parties

Personal data held by us will be kept confidential but we may provide such data to:
•    Any personnel, agent, adviser, auditor, contractor or service provider who provides services or advice to us in connection with our operations;
•    Any person under a duty of confidentiality to us;
•    Any person to whom we are required to make disclosure under any law applicable in or outside the United States; and
•    Any actual or proposed transferee of our business or the Site.

You agree that in the event ChoChing receives a subpoena issued by a court or from a law enforcement or government agency, ChoChing shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

You should also note that the privacy protection as set out in this Privacy Policy does not apply to personal data that is passed to third parties, and we are not responsible for the protection of your personal data or lack thereof by such third parties.

Except as otherwise provided in this Privacy Policy, personal data about you as an individual subscriber will not be provided to any third party without your consent.

14. Contacting ChoChing

Except as specified in Paragraph 5 of these Terms and Conditions, correspondence regarding Content on the Site should be sent to feedback@yinandyangliving.com; correspondence regarding technical operation of the Site should be sent to feedback@yinandyangliving.com; and correspondence regarding commercial aspects of the Site, including inquiries about advertising on the Site, should be sent to ads@yinandyangliving.com.

15. Any Dispute Between Us Will Be Governed by United States and California Law

These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to either party’s use of, or participation in the Site or materials shall be determined by the laws of the United States and the State of California without regard to that State’s conflict-of-law provisions. The State and federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions or the subject matter hereof. You consent to personal jurisdiction and venue in the appropriate court in California.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, ChoChing may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the State of California, in the event ChoChing believes that there is a violation or threatened violation of any intellectual property rights of ChoChing or of any third party, and you hereby consent to the exclusive jurisdiction and venue of such courts.

If any portion of these Terms and Conditions are deemed to be invalid, prohibited or unenforceable in any jurisdiction for any reason unless narrowed by construction, such term or condition shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable term or condition had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such term or condition enforceable in such jurisdiction, and such term or condition shall then be applicable in such modified form).  If, notwithstanding the foregoing, any such term or condition would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such term or condition, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining Terms and Conditions.  No narrowed construction, court-modification or invalidation of any term or condition shall affect the construction, validity or enforceability of such term or condition in any other jurisdiction.

No waiver by ChoChing of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and ChoChing’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Paragraph of these Terms and Conditions is for convenience of reference only and shall be ignored in the construction or interpretation hereof.