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TERMS OF USE - YNOT.com
This Agreement (hereinafter "Agreement") governs your access and use of YNOT.com facilities, including but not limited to Chat Boards, Service Directory Listings, Profiles, Classifieds, and other services (hereinafter collectively referred to as "Services"). In consideration for your right to access and use the Services, you, YNOT.com and its owners and operators agree as follows:
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ACCEPTANCE OF TERMS
By creating an account on YNOT.com, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Sections 7 and 8 below.
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THE YNOT.COM SERVICES
The YNOT.com Services are online applications, enabling businesses and individuals to build, join and participate in, among other things, customized and personalized Service Directory listings, Profiles, Classifieds, etc. You understand and agree that the Services are provided "AS-IS" and that YNOT.com assumes no responsibility for, among other things: (1) any Services outages or interruptions; (2) the unavailability of particular chat board messages, features or other Services; (3) the inability to access the Services; (4) the failure or inability to post materials to any of the Services; (5) the deletion of materials posted to any of the Services; or (6) the failure to store materials posted to any of the Services.
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REGISTRATION
To take advantage of the full capabilities of the Services, users must register with YNOT.com. You may register at http://www.ynot.com/user.php?op=check_age&module=NS-NewUser. If you choose to register, you agree that you will supply YNOT.com with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to YNOT.com during your use of the Services, is governed by YNOT.com's privacy policy that can be viewed http://www.YNOT.com/privacy.html.
During the registration process, you will be assigned a password for your individual account which you will receive by email. Your account will not be active until you have validated your account by returning to the site and entering that password. You can change that password after the registration process is complete. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting your account preferences. If you learn of any unauthorized use of your account or password, you agree to notify us immediately via the support form.
Please Note:
To maintain an efficient system, we reserve the right to prune inactive accounts. Any account that is deemed inactive (no login for 1 year) is subject to deletion without notice. An account that has an email address that is invalid or that bounces will also be considered inactive.
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CONTENT ACCESSIBLE ON THE SERVICES
The YNOT.com Services contain a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (hereinafter "Content"), including Content that users provide to YNOT.com. Please use caution and common sense when utilizing YNOT.com Services. You understand and agree that any Content posted on the Services is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Services. You acknowledge that YNOT.com is not responsible for, does not control, does not endorse and does not verify the Content posted to the Services or available through the Services, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any such Content. Under no circumstances will YNOT.com be liable in any way to you 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 or otherwise transmitted via the Services.
You further acknowledge that YNOT.com does not pre-screen Content, but agree that YNOT.com shall have the right (but not the obligation) to access any of the Services, and remove or restrict access to any Content on the Services in its sole discretion and without notice or compensation. Without limiting the foregoing, YNOT.com shall have the right to access any Chat Board, Service Directory listing, Profile, or Classified ad and remove or restrict access to any Content that violates this Agreement or that YNOT.com believes is otherwise objectionable.
You acknowledge and agree that YNOT.com may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of YNOT.com, its users and the public.
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LICENSE GRANTED TO YNOT.COM
You grant YNOT.com the worldwide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Services, for the purposes of displaying such information on YNOT.com and for the promotion and marketing of YNOT.com's Services. However, YNOT.com will not resell, attempt to resell, or otherwise convey these rights to any third party.
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USER CONDUCT
You agree to not use the Services to:
(a) Violate or solicit the violation of any applicable local, state, national or international law;
(b) Infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) Upload, post, email or otherwise transmit any Content that: (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking and cracking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their address, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation;
(d) Impersonate any person or entity, including, but not limited to, a YNOT.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) Interfere with or disrupt the Services, computer servers or boards accessible through the Services;
(g) Use YNOT's internal messaging system for the prupose of sending abusive or unsolicited commercial messages to other YNOT members;
(h) Disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Services through unsolicited electronic mail messages to third parties.
If you do use the Services to commit any of the above, YNOT.com may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Services, and remove and discard any Content within the Services.
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LIMITATIONS, CONDITIONS AND RULES REGARDING THE SERVICES
You agree that YNOT.com may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Services, including, for example, the maximum number of messages a user may post to a given Chat Board or to another Services in a given day, the number of days that posted messages will be available, or the maximum size of a given post, Classified ad, etc. You acknowledge that YNOT.com has the right to change these general practices and limits at any time, including the terms of this Agreement, in its sole discretion, with or without notice.
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MODIFICATION AND TERMINATION OF THE SERVICES
YNOT.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part of them) with or without notice. You agree that YNOT.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that YNOT.com, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Services, and may remove and discard any Content within the Services, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Services may be immediate and without prior notice. You further agree that YNOT.com shall not be liable to you or any third-party for any termination of your use or ability to access the Services. Specific reasons for such limitation or termination include, but are not limited to, the following:
(a) Using in the registration of your YNOT.com account an email account or other information that is not your own or that is or becomes inactive;
(b) Reproducing, distributing, republishing or retransmitting material posted by other YNOT.com users without the prior permission of such users.
YNOT.com reserves the right to take any action it deems necessary with respect to your user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.
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OTHER WEB SITES AND RESOURCES
Third parties using the Services may provide links or access to other web sites and resources. Because YNOT.com has no control over such sites and resources, you acknowledge and agree that YNOT.com is not responsible for the availability of such sites or resources, and does 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 YNOT.com 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.
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NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICES OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Services, access to the Services or any of the Content accessible through the Services, other than Content as to which you hold the intellectual property rights.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YNOT.COM EXPRESSLY DISCLAIMS 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;
(b) YNOT.COM MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION 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;
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY BY YNOT.COM.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YNOT.COM SHALL NOT BE LIABLE 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 YNOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
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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 11 AND 12 MAY NOT APPLY TO YOU.
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INDEMNITY
You agree to indemnify and hold YNOT.com, and its owners, shareholders, partners, subsidiaries, affiliates, officers, agents, employees, and contractors 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 to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the law, this Agreement or the rights of another.
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NOTICES
Notices to you may be made via either email or regular mail. YNOT.com may also provide notices of changes to this Agreement or the Services by displaying notices or links to notices to you generally on the Services.
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LEGAL DISPUTES
This Agreement and your relationship with YNOT.com shall be governed by the laws of the State of California without regard to any conflict of law provisions. You and YNOT.com agree to submit to the personal and exclusive jurisdiction of the Superior Court of the County of Los Angeles, California, USA, and 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
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GENERAL
This Agreement constitutes the entire agreement between you and YNOT.com with respect to the Services and supersedes all prior agreements and understandings between you and YNOT.com. YNOT.com's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 11, 12, 13, 14, and 16 of this Agreement shall survive any termination of the Agreement.
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OFFICIAL LANGUAGE - ENGLISH
This Agreement and the YNOT.com site are developed in English and may be translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS A CONVENIENCE ONLY. For all purposes, only the English version of this Agreement, and the English version of the YNOT.com site shall be official and binding on the parties. YNOT.com is not responsible for the accuracy and correctness of any language translations. You are solely responsible to carefully read and understand the English text and you agree that you may not rely on language translations provided as official documents or representations.
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Once again, welcome to YNOT! You have made a great business decision to visit us.
We hope you make the most of your experience here and choose to be a long time member.
Should you ever have any questions, suggestions or problems, please contact us.
See you on the boards in our thriving community!
Thanks,
YNOT staff
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