Terms of Service
"You" and "your" refer to you, as a user and/or member of the Service. A "user" means you simply browse the YAC services, including, without limitation, through a mobile or other wireless device, or otherwise use the Services without being registers. A "member" means that you have registered with YAC. "We", "us", and "our" refer to YAC. By "YAC" we mean YourAreaCode LLC, www.yac.so, and all the features and services we make available, including through (a) our website at www.yac.so and any other YAC branded or co-branded websites (including sub-domains, international versions, widget and mobile versions); (b) our "Platform" (a set of APIs and services that enable others, including application developers and website operators, to retrieve data from YAC or provide data to us and; (c) other media, software, devices, or networks now existing or later developed.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communications. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as comments, ratings, invitations, messages, and information that you publicly display or displayed in your account profile. "Member Content" means Content that members submit or transmit to, through, or in connection with the Service. "YAC Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than YAC or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, Member Content, Third Party Content and YAC Content.
2. DESCRIPTION OF SERVICE
YAC provides users and members with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for YAC to provide the Service. You also understand and agree that the Service may include certain communications from YAC such as service announcements, administrative messages and the YAC Newsletter, and that these communications are considered part of YAC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new YAC properties, shall be subject to these Terms of Service. You understand and agree that the Service is provided "AS-IS" and that YAC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third- party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that YAC has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. USING THE SERVICE
A. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
B. You must create an account and provided certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
C. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may not impersonate someone else (e.g. adopt the identity of a celebrity or even your next door neighbor), create or use an account that anyone other than yourself, or provide an email address other than your own.
D .To access or user the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
E. If you provide any information that is untrue, inaccurate, not current or incomplete, or YAC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YAC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) and/or Content.
F. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
A. Responsibility for Your Content: You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is any way sponsored or endorsed by YAC. You many expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, inducing but not limited to illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocated the violation of any law or regulation.
B. YAC's right to use Your Content: YAC may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing in, and allowing others to do the same in connection with their own website and media platforms ("Other Media"). As such, you hereby irrevocable grant YAC world-wide, non-exclusive, royalty-free, sub licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrivocably waive, and cause to be waived, against YAC and its members and users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" YAC means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
C. Ownership: As between you and YAC, you own Your Content. YAC owns the YAC Content, including but not limited to visual interfaces, interactive features, graphics, designs, compilation, computer code, products, software, aggregate user comments and/or ratings, and all other elements and components of the Service excluding Your Content, Member Content, and Third Party Content. YAC also own the copyrights, trademarks, service marks, trade names, patents, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the YAC Content and the service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you many not modify, reproduce, distribute, create derivative words or adaptations of, publicly display or in any way exploit any of the YAC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the YAC Content are retained by YAC.
D. Advertising: YAC and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
E. Deletion: When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
F. Other: YAC reserves the right to remove, screen, edit, or reinstate Member Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copes of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
B. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify YAC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. YAC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
C. You will not use YAC if you are a convicted sex offender.
D. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
E. You will not transfer you account to anyone without first getting our written permission.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not YAC are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YAC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not to, and will not assist or enable others to:
A. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, a YAC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
E. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
G. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
H. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
J. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
K. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
L. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
M. "stalk" or otherwise harass another; and/or
N. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs A through M above.
You acknowledge that YAC may or may not pre-screen Content, but that YAC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by YAC or submitted to YAC including without limitation information in YAC's Message Boards and in all other parts of the Service. You acknowledge, consent and agree that YAC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of YAC, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by YAC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON YAC'S NETWORK
When you register with YAC, you acknowledge that in using our services to send electronic communications (including but not limited to email, search queries, sending messages to www.yac.so, Chat or Groups, uploading photos and files to Photos or Tags, and other Internet activities), you will be causing communications to be sent through our computer networks, portions of which are located in various locations in the United States and portions of which are located abroad. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions. our pager, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your member account located on our servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on www.yac.so too. Your agreement to this Terms of Service constitutes your consent to allow us to store these communications on our servers. From time to time we will send you notices through the www.yac.so pager service to let you know about important changes to the our pager or related Services. Such messages may not be received if you violate this Terms of Service by accessing the Service in an unauthorized manner. Your agreement to this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
YAC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following worldwide, royalty- free and non-exclusive license(s), as applicable:
A. YAC Groups: With respect to Content you submit or make available for inclusion on publicly accessible areas of YAC Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
B. Other than YAC Groups: With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than YAC Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
C. Other Content: With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than YAC Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
D. Definitions: "Publicly accessible" areas of the Service are those areas of the YAC network of properties that are intended by us to be available to the general public. By way of example, publicly accessible areas of the Service would include YAC Message Boards and portions of YAC Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of YAC Groups that are limited to members, Services intended for private communication such as YAC Mail or YAC pager, or areas off of the our network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by us.
10. CONTRIBUTIONS TO YAC
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to YAC through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) YAC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) YAC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) YAC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of YAC without any obligation of us to you; and (f) you are not entitled to any compensation or reimbursement of any kind from YAC under any circumstances.
You agree to indemnify and hold YAC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Services, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your YAC ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that YAC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
YAC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that yac.so may, under certain circumstances and without prior notice, immediately terminate your yac.so account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self- initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your yac.so account includes (a) removal of access to all offerings within the Service, including but not limited to yac.so Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in yac.so's sole discretion and that yac.so shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that yac.so shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YAC has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. YAC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by YAC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Disclaimer of Warranty and Limitation of Liability again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. YAC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.
YAC may provide you with notices, including those regarding changes to the Terms of Service, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
25. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
YAC respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide YAC's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
YAC's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o YourAreaCode LLC 3230 Broadmoor SE, STE C, Grand Rapids, MI 49512 or By phone: (616) 622-2000 By email: [email protected]
26. GENERAL INFORMATION
A. Entire Agreement: The Terms of Service constitutes the entire agreement between you and YAC and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YAC services, affiliate services, third-party content or third-party software.
B. Choice of Law and Forum: The Terms of Service and the relationship between you and YAC shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and YAC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Michigan.
C. Waiver and Severability of Terms: The failure of YAC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
D. No Right of Survivorship and Non- Transferability: You agree that your YAC account is non-transferable and any rights to your YAC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
E. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Section Titles: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Services to [email protected]