-Post (“yel”), upload, publish, submit, transmit or grant YEL access to any text, graphics, images, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
-Use, display, mirror or frame the Site, or any individual element within the Site, YEL's name, any YEL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without YEL's express written consent;
-Access, tamper with, or use non-public areas of the Site, YEL's computer systems, or the technical delivery systems of YEL's providers;
-Attempt to probe, scan, or test the vulnerability of any YEL system or network or breach any security or authentication measures;
-Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by YEL or any of YEL's providers or any other third party (including another Member) to protect the Site, Services or Content;
-Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by YEL or other generally available third party web browsers;
-Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
-Use any meta tags or other hidden text or metadata utilizing a YEL trademark, logo URL or product name without YEL's express written consent;
-Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner whatsoever, including without limitation using the Site, Services or Content for any purpose that generates revenue or that has any financial aspect associated therewith. However, use of the Site, Services or Content for the limited purpose of describing or illustrating the story of the history of a corporate entity.
-Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
-Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
-Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
-Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission;
-Impersonate or misrepresent your affiliation with any person or entity;
-Violate any applicable law or regulation; or
-Encourage or enable any other individual to do any of the foregoing.
YEL will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. YEL may involve and cooperate with law enforcement authorities in prosecuting individuals who violate these Terms. You acknowledge that YEL has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Member Content or Member Submissions, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. YEL reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Member Content or Member Submissions, that YEL, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services. Copyright Policy YEL respects copyright law and expects its Members to do the same. YEL has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see YEL's Copyright Policy at “Sites”/legal for further information. Links The Site may contain links to third-party websites or resources, including, but not limited to, those that are made available on the Site as a result of your connection of SNS's to your Account. You acknowledge and agree that YEL is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by YEL of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Termination and Account Cancellation If you breach any of these Terms, YEL will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. YEL reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event YEL terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com. UPON ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING MEMBER CONTENT AND MEMBER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON OR THAT YOU ACCESS VIA THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SITE OR SERVICES. Disclaimers THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YEL MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YEL OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT YEL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY MEMBERS OF THE SITE OR SERVICES, NOR DOES YELMAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OF THE SITE OR SERVICES. YEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. Indemnity You agree to defend, indemnify, and hold YEL, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Member Content or Member Submissions, your access to or use of the Site, Services or Content, or your violation of these Terms. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER YEL NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of or in connection with these terms or from the use OF or inability to use the SITES, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not YEL has been informed of the possibility of such damage, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event will YEL's aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED FIFTY EUROS (€50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YEL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of YEL used herein are trademarks or registered trademarks of YEL. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Controlling Law and Jurisdiction These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between YEL and you regarding the Site, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between YEL and you regarding the Site, Services and Content. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without YEL's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. YEL may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given by YEL (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. General The failure of YEL to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of YEL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Contacting YEL If you have any questions about these Terms, please contact YEL at firstname.lastname@example.org.
-When you register with us through the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, and email address. We will use your Personal Information to create a YEL account (“Account”) and you will become a member of YEL (“Member”). We use your Personal Information mainly to provide the Service and administer your Account and inquiries.
-As a YEL Member who has registered for the Service, you have the option of granting YEL access to your account with certain third party Social Media and Networking Sites (“SNSs”), so that YEL can capture and render information you have stored in your account with such SNS. By granting YEL access to the SNS via the Services you understand that YEL will access, render and store content from your SNS account, including Personal Information about you, so that it is available and viewable through the Service. YEL will ask you to choose whether or not to publicly share this SNS information on the Service before YEL accesses your SNS account. Depending on the SNS you choose to access via the Service and in accordance with the privacy settings you have set in your SNS account, you can post information (including Personal Information) to your SNS account and such information will be viewable via the Service. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other online services you use. Please note that if the SNS becomes unavailable or closes YEL's access to your SNS account, any information from that SNS will no longer be available or viewable via the Service. You have the ability to disable the connection between the Service and an SNS you've chosen to access via the Service at any time via the “Settings” section of the Site.
-We also collect the other information that you provide as part of registration and the administration and personalization of your Account (e.g., without limitation, individual preferences) (“Non-Identifying Information”).
-We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service and administer your inquiries.
-Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other YEL Members to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
-We also use your Personal Information to contact you with YEL newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Settings” information. (See “Changing or Deleting Information,” below.)
YELGroup personnel and personnel of companies developing YELGroup software, hosting the database or have access to the data for other reasons follow the same Terms and Conditions as YEL, beside their own policies. See Shareforce (http://www.shareforce.eu)
When you visit the Site, whether as a YEL Member or a non-registered user just browsing, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. Cookies
The Service gives you the option to share information contained in your Account with certain SNSs (including but not limited to Twitter and Facebook). YEL will not share your Account information, which may contain your Personal Information, with such SNSs unless you expressly authorize such disclosure.
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site'
Twitter™ is a registred trademark from Twitter Inc.
Facebook™ is a registred trademark from Facebook Inc.