Yuyam Terms of Service
Yuyam is an Internet service (the "Service") owned and operated by Lore Solutions Inc. (hereafter "Yuyam", "we", "our", or "us"). "You" or "your" means an adult user of the Service acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held responsible.
By using the Yuyam Service, you accept and agree to be bound by the following terms and conditions (these Terms of Service ). If you do not agree, please immediately cease all access and use of the Service and our web site.
Eligibility and Registration
You must be eighteen (18) years or older to use the Service. Minors must use the Service under the supervision of a parent or guardian who is responsible for their use. The Service is not offered to, and we do not accept membership registrations from, users who are under thirteen (13) years of age.
If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it true, accurate, current, and complete. You may not use anyone else's password, and you are responsible for maintaining the confidentiality of your passwords and accounts. You agree to notify us immediately of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements, and may suspend or terminate your account if you fail to comply.
Your Use of Yuyam Service
You are solely responsible for submitting links, tags, comments, and any other information, data, text, software, music, audio, photographs, graphics, video, messages and other materials ( Content ) to the Service. Upon submission, you understand that all uploaded Content is saved on the Yuyam system and will be made available to the public. Further, you hereby grant us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, create derivative works of, publicly perform, publicly display, transfer, transmit, translate, distribute, and publish any or all of your Content, in any media or technology now or hereafter known. To the extent you may have any moral rights (such as rights of attribution or integrity of a work), you release, waive and agree not to assert such rights against us or any of our licensees or assigns.
It is your responsibility to obtain at your own expense all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Service.
Your Conduct with our Service
You agree that you will not use the Service to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Publish, post, upload, e-mail, distribute, or otherwise disseminate (collectively, Transmit ) any Content that is tortious, inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, unlawful, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that otherwise could result in civil or criminal liability;
Transmit any Content prohibited by intellectual property (e.g., patent, copyright, trademark, trade secret, or privacy and publicity) or other laws (including overdue account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising), unless you are the owner or have permission to use such rights;
Transmit Content that contains viruses, corrupted files, or any other software or functionality that may damage or adversely affect the operation of another person's computer, the Service, any software or hardware, or telecommunications equipment, or interfere with any security or rights protection functionality of ours or any third party;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam and other unsolicited mass mail or email, unsolicited advertising or promotional materials, or chain letters;
Use our discussion services and/or message or communication facilities (collectively, the "Boards") to send and receive messages and materials that are not related to that particular Board;
Download any Content that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other Content;
Reformat or frame any portion of the web pages of the Service;
Translate any material portion of any web page of the Service into another language, except for your personal non-commercial use;
Restrict or inhibit any other user from using and enjoying any public or private area within the Service;
Collect or store personal information about other users, except as permitted by the Service;
Interfere with or disrupt the Service, or our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a Yuyam representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Service or to manipulate your presence on the Service;
Participate in or facilitate any effort to artificially manipulate the results, scoring or evaluation of Content on the Service, such as creating multiple user accounts, or giving or receiving consideration for evaluations or tags;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
Engage in any illegal activities, or incite or provide instructional information about illegal activities, under U.S. and your local law.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive, impersonates another person, violates intellectual property rights or that might otherwise subject us to liability, we reserve the right, without prior notice to you, to automatically change or delete your username, delete your Content from the Service, deny you access to the Service, or any combination of these actions.
The technology and the software underlying the Service are the property of Yuyam and its suppliers. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Service. You agree not to modify the software underlying the Service in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
We may establish or revise from time to time at our discretion general practices and limits concerning your use of the Service, such as the maximum amount of storage space or bandwidth you may use. In addition, you agree that Yuyam has no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any Content. We also reserve the right to terminate or suspend your account, your use of any or all of the Service or any Content without prior notice, and for any reason, including if you engage in any conduct that we believe: (a) violates the letter or spirit of any term or provision of these Terms of Service, (b) violates the rights of Yuyam or third parties, or (c) is otherwise inappropriate for continued access and use of the Service. In addition, we may terminate any account if that account has been inactive for more than six (6) months.
You understand that the Service may carry advertising. You may enter into correspondence with or participate in promotions of persons which advertise with Yuyam ("Advertisers"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the Advertisers. Yuyam assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Privacy and Other Policies
Your use of the Service is subject to Yuyam's Privacy Policy and Yuyams other applicable policies, each as in effect from time to time, available at www.yuyam.com, which are incorporated herein by reference.
Content Linked to by Yuyam
The sites and Content displayed on Yuyam pages or linked to by Yuyam are developed by persons over whom Yuyam exercises no control. The links that appear in the Service are transmitted by the users, and Yuyam cannot and does not screen the source sites or Content before including them in the Service. Yuyam may provide links to sites and/or Content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a link will not display unintended or objectionable content and assume no responsibility for the Content of any site included in our links or otherwise linked to by Yuyam. We do not guarantee the accuracy, integrity or quality of such Content. However, we reserve the right (but not the obligation) to take any action (such as screening, deleting, reformatting or watermarking Content or terminating or suspending access to all or any portion of the Service) with respect to the Service that we deem necessary or appropriate in our sole discretion.
Redistribution
Unless you have been specifically permitted by Yuyam in a separate agreement, you agree not to rent, lease, loan, sell, trade, resell or make any other commercial use of the Service or your login or your account or password for any purpose, or to modify or create derivative works of the Service. In particular, you may not mirror or cache the Service. You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers) that interferes with or places an unreasonable burden on the Yuyam Service, as determined by Yuyam in its sole discretion. You agree to comply with the requirements of any robots.txt file(s) from time to time. If you want to make commercial use of the Yuyam Service, you must enter into an agreement in advance with Yuyam to do so.
Feedback
Yuyam may provide forms or mechanisms for you to provide feedback, suggestions and ideas about Yuyam or its suppliers products and services ( Responses ), and accordingly, Yuyam may use any Responses in any way, including in future versions of its products or services, and/or its advertising or promotions. You hereby grant us a perpetual, worldwide, irrevocable, royalty- free, non-exclusive, transferable, and sub-licenseable license to use, reproduce, create derivative works of, publicly perform, publicly display, transfer, transmit, translate, distribute and publish, all or any portion of the Responses, in any manner and for any purpose in any media or technology now or hereafter known.
Intellectual Property Policy
You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Service are wholly owned by Yuyam and/or its suppliers except where expressly stated otherwise.
The Content referenced, made accessible or made available to you by means of the Yuyam Service generally is protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such Content before using it for any purpose other than viewing on the web. For authorizations for Content, please contact the Content owner as indicated on the source site, not Yuyam. Yuyam cannot give you authorization to use the copyrighted Content. Yuyam reserves the right to remove any Content without notice to you, any other user, or any third party.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Persons who believe that their copyrights or other intellectual property rights have been infringed via the Service may notify Yuyams Designated Agent. All notices must comply with the requirements of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, as amended. Such notices not complying with these requirements will be returned unprocessed. Please indicate the specific Content, and web site URL or location of the Content. Please note you may be liable for damages if you materially misrepresent that an activity is infringing your copyright. Designated Agent and Address of Agent:
Attn: Copyright Designated Agent
Lore Solutions Inc.
7932 McClellan Road, Suite 1
Cupertino, California 95014
United States of America
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICE AND ALL OTHER YUYAM SOFTWARE, PRODUCTS AND/OR SERVICES ( YUYAM ITEMS ) ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, AND NEITHER YUYAM NOR ANY OF ITS SUPPLIERS ASSUMES RESPONSIBILITY FOR TIMELINESS, MISDELIVERY, DELETION, OR FAILURE TO STORE ANY CONTENT. YUYAM DOES NOT WARRANT THAT ACCESS TO OR USE OF ANY YUYAM ITEM WILL BE UNINTERRUPTED, SECURE OR ERROR -FREE. YUYAM AND ITS SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY.
YOUR USE OF YUYAM ITEMS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF CONTENT OR OTHER MATERIAL (INCLUDING YUYAM ITEMS) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM YUYAM. YOU AGREE THAT NEITHER YUYAM NOR ANY OF ITS SUPPLIERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST REVENUES, PROFITS OR SAVINGS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER YUYAM ITEMS, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF YUYAM OR ANY SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE ง 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." RESIDENTS OF OTHER STATES AND NATIONS SIMILARLY WAIVE THEIR RIGHTS UNDER COMPARABLE LOCAL LAW. THE ENTIRE LIABILITY OF YUYAM AND ITS SUPPLIERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF YUYAM ITEMS OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE. YOU HEREBY RELEASE YUYAM AND EACH OF ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF YUYAM ITEMS OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.Without limiting the foregoing, under no circumstances shall Yuyam or its suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including, without limitation, Internet, telecommunication and utility failures; equipment failures; strikes; labor disputes; riots; insurrections; civil disturbances; shortages of labor or materials; fires; floods; storms; explosions; acts of God; war; governmental actions, or non-performance of third parties.
Indemnification
You agree to indemnify and hold harmless Yuyam and each of its officers, directors, employees, agents, and suppliers from and against any and all losses, liabilities, expenses (including attorneys' fees and costs) and damages arising out of claims based on your use of the Service, or on your account or your Content, including any violation of these Terms of Service by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited email or marketing messages.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The UN Convention on Contracts for the International Sale of Goods is disclaimed. You agree that exclusive jurisdiction for any claim or dispute arising from these Terms of Service shall be in the federal and state courts located in San Francisco County, California, U.S.A. The English language version of these Terms of Service will control. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You may not assign or transfer these Terms of Service or any rights hereunder, and any attempt to the contrary is void. Subject to the preceding sentence, these Terms of Service benefits and binds the respective successors and assigns of the parties. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Yuyam. There are no third party beneficiaries of these Terms of Service. Notices given by Yuyam to you will be given by general posting on the Service web site, or by email, overnight courier, first class or express mail to your address of record at Yuyam. Notices given by you to Yuyam must be given by first class or express mail, certified or registered, postage prepaid and sent to Lore Solutions Inc., 7932 McClellan Road, Suite 1, Cupertino, California 95014, United States of America. The following provisions will survive any termination of these Terms of Service: Your Use of Yuyam Service , Feedback , Intellectual Property Policy , Disclaimer of Warranties and Limitation of Liability , Indemnification , Miscellaneous and Changes in Terms of Service .
Changes In Terms of Service
We may modify or terminate the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Effective date of this version: October 20, 2007
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