License Agreement

YOGASTICKMEN.COM

STANDARD LICENSE

End User License Agreement (EULA)

Dear Yogastickmen.com Customer:

The following is a legal agreement between you and Yogastickmen.com ("Yogastickmen.com"). Please read this agreement carefully before purchasing any Yogastickmen.com Images ("Image"). By purchasing and using any of the Yogastickmen products (software, images, animations) you agree to be bound by the terms of this agreement. Yogastickmen.com reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If and when changes are made to these terms of service an announcement will appear in the ‘What's New’ section on the Home page. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not download or use any Images, software or animations. If the use you are contemplating is not permitted by this license agreement, please contact Yogastickmen.com at enhanced@yogastickmen.com to discuss the possibility of an Enhanced License which contains fewer restrictions on the use of Images. Please note that products downloaded and purchased as part of your Standard License agreement may only be used in compliance with this Standard License. To obtain the right to use an Image(s) pursuant to the Enhanced License, you must purchase the Image(s)/product as part of a separate Enhanced License agreement and subscription. Your failure to comply with the terms herein could result in immediate legal action.

PART I

All Images on the Yogastickmen.com website are protected by United Kingdom and international copyright laws and treaties. Yogastickmen.com owns all rights, including the copyrights in and to its products (images, software and animations). Yogastickmen.com reserve all rights in and to the products not granted to you by the terms of this license. Your rights to use any Image or animation are subject to this license agreement and are conditioned upon your payment to Yogastickmen.com for your use of their products. If you fail to make any payment to Yogastickmen.com when due, or if any cheque is dishonoured or credit card charge refused or charged back, your purchase will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof, you have the right to use the downloaded Image/product, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and Yogastickmen.com's costs of collection, bank charges and credit card processing fees are received by Yogastickmen.com no later than fifteen (15) days from the date that your account became delinquent.

By this Agreement, Yogastickmen.com grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:

a) In multimedia presentations for educational and teaching purposes only where the intended audience will consist of fewer than one hundred (100) viewers;

b) As prints, documentation (i.e. in hardcopy) for education and teaching e.g. lesson plans, course plans, hand outs and other reproductions for your own personal, non-commercial use (as opposed to promoting the sale of the prints, posters, etc. containing the Images) in quantities not exceeding one hundred copies (100) provided that such prints and/or posters and/or other reproductions combine words and an Image or Images;

c) In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Yogastickmen.com subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

All other rights in the Images and products are expressly reserved by Yogastickmen.com for itself.

Yogastickmen.com shall be under no obligation to refund your purchase fee under any circumstances. However, in the event that Yogastickmen.com determines that you are entitled to a refund of all or part of the image, product or software, such refund shall only be made to the credit card account originally used by you to purchase your subscription. If your purchase was paid by cheque, your refund will be made by cheque.

PART II: RESTRICTIONS

YOU MAY NOT:

Use an Image other than as specified in PART I.

1) Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, business cards, postcards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com);

2) Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property;

3) Use or display an image as part of or in connection with the production, promotion or marketing of any multimedia, audio-visual work or audio only work, including, without limitation, any documentary, news show, television program or film, in any media. You must obtain an Enhanced License for such use;

4) Use an Image in a way that places any person in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content;

5) Resell, redistribute or transfer any Image, product or software except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement;

6) Share an Image by providing access to such Image or software by sharing this image or software, on shared disk drives, computer networks, email, intranets of any nature or otherwise;

7) Use Yogastickmen.com Images in a manner that competes with Yogastickmen.com's business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website, offering Yogastickmen.com Images or products for sale, or including Yogastickmen.com Images in templates (website, document, project or otherwise) for sale;

8) You may not create a digital or print greeting card line based on Yogastickmen.com Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. Promotional uses must comply, in all respects, with the restrictions set forth in these TOS;

9) You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) on online auction websites (e.g., Ebay, Amazon Auctions, Overstock Auctions, etc.) or otherwise that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights. Please contact Yogastickmen.com at enhanced@yogastickmen.com to discuss the possibility of an Enhanced License;

10) You may not use any Image (in whole or in part) as a trademark, logo or an element thereof;

11) You may not produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper or any other medium unless expressly permitted by this agreement;

12) You may not use automated programs, applets, bots etc., to download Images;

13) You may not reproduce, copy or share this software, image or products or its contents, under any circumstances.

PART III

1) "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, this software, the Images or the right to use the Images. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.

2) If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the Yogastickmen.com Image number as well as the date or dates on which the Images were used.

3) You agree that you will not share this software, image or product or its content. Your Yogastickmen.com image, product or software can be used only by you. Each person that desires to access the Yogastickmen.com software must have his/her own package and licence use. You may only use the images, animations, products or software on ONE COMPUTER in your office or home at any one time. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing Yogastickmen products.

4) You agree to indemnify and hold Yogastickmen.com, Ltd., its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Images, products or software other than the uses expressly permitted by this Agreement. You further agree to indemnify Yogastickmen.com for all costs and expenses that Yogastickmen.com incurs in the event that you breach any of the terms of this or any other agreement with Yogastickmen.com.

Neither Yogastickmen.com or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.

This contract is governed by and shall be construed in accordance with the laws of the United Kingdom. You hereby consent to the personal jurisdiction of the state and courts located therein. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the UK and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favour of either of the parties, but rather in accordance with the fair meaning thereof.

If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please see contact us at customerservice@yogastickmen.com for general queries or at enhanced@yogastickmen.com for Enhanced License agreements. For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at 12:00 am Greenwich Mean Time ("GMT") and ending at 11:59 pm GMT. A month is defined as 30 consecutive days.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT, YOGASTICKMEN.COM SHALL HAVE THE RIGHT TO TERMINATE YOUR USE OF ALL ITS PRODUCTS AND SERVICES WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO YOGASTICKMEN.COM'S OTHER RIGHTS AT LAW AND/OR EQUITY.

YOGASTICKMEN.COM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE OR PRODUCT EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

YOGASTICKMEN.COM DOES NOT WARRANT THAT THE IMAGE(S), YOGASTICKMEN.COM WEBSITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

YOGASTICKMEN.COM SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S) OR PRODUCTS, YOGASTICKMEN.COM'S BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF YOGASTICKMEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL YOGASTICKMEN.COM'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE YOGASTICKMEN.COM WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY YOGASTICKMEN.COM FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).

Effective 1st November 2007.