Terms of Use
Yuvah.com Terms of Use Agreement
Date of Last Revision: December 12, 2008
Welcome to Yuvah.com, the place that connects you with your friends. The Yuvah.com service and network (collectively, "the Service" or “the Yuvah Service”) are operated by Yuvah, Inc. (“Yuvah”, "us", "we" or "the Company"). By accessing or using our web site at www.yuvah.com or the mobile version thereof (collectively, the "Site"), you (the "User") agree that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and all applicable laws, whether or not you are a registered member of Yuvah. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use and all applicable laws, do not use or access (or continue to use or access) the Service or the Site. If you wish to become a member, communicate with other members, and make use of the Service, you must read this Agreement and follow the instructions in the registration process. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability.
1. Eligibility. The Service is intended solely for access and use by individuals who are thirteen (13) years of age or older. By accessing and using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the Service does not violate any applicable law or regulation; and (e) you have the authority and capacity to enter into this Agreement. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Service or are a member. You may terminate your Membership at any time, for any reason, by sending to us your written or e-mail notice of termination. We may terminate your Membership or your access to the Site at any time in our sole discretion, for any or no reason, with or without prior notice or explanation, and without liability.
3. Fees. You acknowledge and agree that we reserve the right to charge for any portion of the Service and to change its fees (if any) from time to time in its sole discretion. If we terminates your membership because you have breached the terms of this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Account Security. When you sign up to become a member, you will be asked to choose a username and a password for your member account. You shall be entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You shall be fully responsible for all use of your member account and for any action that takes place using your account.
5. Non-Commercial Use by Members. The Service and the Site are available your personal and non-commercial use only. We reserve the right to remove commercial content in our sole discretion.
6. Proprietary Rights in the Content on Yuvah. All content on the Site and available through the Service, including but not limited to, designs, text, graphics, pictures, images, video, information, applications, software, music, sound and other files (collectively, the “Content”), are the proprietary property of Yuvah, its users or its licensors. We do not claim any proprietary property rights in the Content that you post on or through the Service (the “User Content”). After posting your Content to the Service, you continue to retain any such rights that you may have in your Content.
However, you agree to grant to us a non-exclusive, royalty-free, fully-paid, perpetual, transferable, irrevocable and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, reformat, translate, excerpt, and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service, or the promotion thereof, to prepare derivative work of, or incorporate into other work such User Content, and to grant and authorize sublicenses of the foregoing. After you remove your Content from the Site, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. The Service also contains Content of Yuvah (the “Yuvah Content”) which is protected by copyright, trademarks, patents, and trade secrets.
We own and retain all proprietary property right in the Yuvah Content. We hereby grant to you a limited non-exclusive, revocable, and non-transferrable license to reproduce and display the Yuvah Content solely for your personal use in connection with using the Service. You represent and warrant that the posting of your Content on or through the Service does not violate the proprietary property rights of any person or entity.
7. Content Posted on the Site. You are solely responsible for the User Content that you post on or through the Service, and any material or information that you transmit to other Members and for your interactions with other Users. You understand and agree that we may (but is not obligated to) review the User Content that you post on the Site. We reserve the right to reject, refuse to post or delete any Content for any or no reason, including Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Service for inappropriate Content or conduct.
If at any time we choose, in our sole discretion, to monitor the Service, we nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
8. Content Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes, but is not limited to, Content that, in our sole discretion (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; (e) solicits personal information from anyone under 18; (f) publicly posts information that poses or creates a privacy or security risk to any person; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (l) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (m) involves commercial activities and/or sales without our prior written consent; (n) includes a photograph or video of another person that you have posted without that person's consent; (o) for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair; or (p) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
9. Activity Prohibited. The following are examples of the kind of activity that is illegal or prohibited on the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. (c) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service; (d) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (e) any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages; (f) interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service; (g) impersonating or attempting to impersonate another member, person or entity; (h) using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account; (i) using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do the same; (j) accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that person, or (k) using the Services in a manner inconsistent with any and all applicable laws and regulations.
10. Intellectual Property Policy. We respect the intellectual property of others and requires that our users do the same. You shall not upload, post, email, distribute, transmit, reproduce in any way any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you believe your work has been copied and posted on or through the Service in a way that constitutes copyright infringement, please send us a notification of claimed infringement. It is our policy to limit access to the Site and/or terminate the membership of any user who infringes the intellectual property rights of others.
11. Third Party Websites and Contents. The Site contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
12. Member Disputes. You are solely responsible for your interactions with other members. You agree that we will not be responsible for any loss or damage incurred as a result of any such dealings or with respect to any other member’s use or disclosure of your personal information. We reserve the right, but has no obligation, to become involved in any way with disputes between you and other members.
13. Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICE IS PROVIDED ON AN "AS-IS AND AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS ANY WARRANTY AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE; (B) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.Release. To the extent permitted under applicable laws, you agree to release us from any liability related to: (a) any incorrect or inaccurate Content posted on the Service; (b) the conduct of any user or member of the Service; (c) any problems or technical malfunction of any telephone network or lines, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet or at any sites, or combination thereof, including injury or damage to user’s or member’s or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Service; (d) any loss or damage caused by Content posted on the Service or transmitted by and to members, or any interactions between the users of the Site and members; and (e) any error, omission, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alterations of, site user or member communications.
15. Indemnity. You agree to indemnify and hold Yuvah, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Service causes us to be liable to any third party.
16.Limitation on Liability. To the extent permitted under applicable laws, neither Yuvah nor its officers, directors, employees, or agents will be liable to you or any third party for any special, indirect, incidental, consequential, exemplary, or punitive damages, including, but not limited to, lost profits or revenues or lost data, arising from your use of the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, our maximum aggregate liability to you or any third party for any cause whatsoever, and regardless of the form of the action, shall at all times be limited to the greater of (a) any amount paid by you to us, if any, for the Service; and (b) thirty U.S. dollars. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
17. Privacy. We respect and care about the privacy of our users. Click here to view our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
18. U.S. Export Control. Any software provided by us through the Service is subject to the United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Governing Laws. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions.
20. Dispute Resolutions. All dispute, controversies, or claims, whether such disputes sound in contract, tort or otherwise, arising out of or in connection with this Agreement, shall be finally settled through a binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
The arbitrator shall not award, and no party shall be entitled to recover emotional distress, punitive damages, indirect, special, incidental or consequential damages. The arbitration shall take place in Austin Texas. The arbitrator shall render a binding decision within six (6) months after the initiation of the arbitration proceeding. Each party shall pay its own attorney’s fees, witness fees, and other expenses incurred for its own benefit. The arbitrator’s fees and expenses shall be borne equally by both parties. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
21. Others. This Agreement constitutes the entire agreement between you and Yuvah regarding the use of the Service. The failure of Yuvah to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.