Article 1: Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and Atvynly (“Company,” “we,” “us,” or “our”), concerning your access to and use of the website located at the domain corresponding to Atvynly, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “the Website” or “the Service”).
BY ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Article 2: BINDING MEDICAL AND HEALTH DISCLAIMER
THIS IS A FUNDAMENTAL TERM OF SERVICE. YOUR AGREEMENT IS A PRECONDITION TO YOUR USE OF THIS WEBSITE.
2.1. No Professional Advice. The content provided on the Website, including but not limited to articles, text, graphics, images, and other materials, is for informational and educational purposes only. The content is not, and is not intended to be, a substitute for professional medical advice, diagnosis, or treatment.
2.2. Consultation with Qualified Professional Required. You must always seek the advice of your physician, a registered dietitian, a certified personal trainer, or another qualified health provider with any questions you may have regarding a medical condition, diet, fitness program, or any other health-related matter.
2.3. No Doctor-Patient Relationship. Your use of the Website does not create a doctor-patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part.
2.4. Assumption of Risk. You acknowledge that any reliance on any information provided on the Website is solely at your own risk. You are solely responsible for any and all health decisions you make. The Company expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this Website.
Article 3: Intellectual Property Rights
3.1. Restrictions. You shall not, and shall not permit any third party to, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Website. Images, including those generated by artificial intelligence or sourced from stock photography providers, are used under license by the Company and such license does not extend to you.
Article 4: User Obligations and Prohibited Activities
As a User of the Website, you agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Use the Website in any way that is unlawful, illegal, fraudulent, or harmful.
- Use the Website to post or transmit any material which is defamatory, offensive, obscene, or threatening.
- Engage in any unauthorized framing of or linking to the Website.
- Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Article 5: User-Generated Content
5.1. Responsibility. You are solely responsible for the content of your submissions, such as comments on blog posts (“User Content”). You agree that you will not post any User Content that is illegal, defamatory, or infringes on the rights of any third party.
5.2. License Grant. By posting User Content on the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the Service.
5.3. Right to Remove. We reserve the right, in our sole and absolute discretion, to monitor, edit, or remove any User Content at any time and for any reason without notice.
Article 6: Third-Party Links & Affiliate Disclosure
6.1. Third-Party Websites. The Website may contain links to other websites or resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6.2. Affiliate Disclosure. The Company participates in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. This is disclosed for the purposes of transparency and compliance with applicable law.
Article 7: Termination
We reserve the right to terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Article 8: Disclaimer of Warranties; Limitation of Liability
8.1. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
8.2. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
Article 9: Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.
Article 10: Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Pune, Maharashtra, to resolve any legal matter arising from the Terms.
Article 11: General Provisions
11.1. Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
11.2. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
11.3. Waiver. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Article 12: Contact Information
To ask questions or comment about these Terms and Conditions, you may contact us at: [contact@atvynly.com]