Last updated: March 18, 2009
By using the Site or Services in any way or simply by accessing the Site or Services signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms as posted on the Site.
If you do not wish to be bound by this Agreement and its Terms, do not use the Site or Services. If you have already established an Account under Section 4 and You do not wish to continue to be bound by this Agreement, you should terminate Your Account in accordance with Section 15 of this Agreement.
IMPORTANT! THESE TERMS AND GUIDELINES GOVERN YOUR USE OF THIS SITE AND SERVICES, WHICH IS PROVIDED BY YOBI. THESE ARE SUBJECT TO CHANGE BY YOBI AT ANY TIME IN ITS DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND GUIDELINES EACH TIME YOU VISIT THE SITE. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.
3. ACCESS TO THE SITE, SERVICES AND YOUR RESPONSIBILITIES
A. To access the Site or some of the Services it has to offer, you may be asked to (i) provide certain registration details or other information; (ii) to establish a YOBI.tv Website account specific to You (“Your Account”); and/or (iii) to pay a contest application and processing fee “Contest Fee”.
B. To create Your Account, Log-In and/or to participate in any Services, You must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, You agree that:
1. You are either (i) the age of legal consent; or (ii) you are a minor over the age of thirteen (13) years old and have obtained your parent's (or your legal guardian's) permission – for accessing the Site and Services under the laws of any jurisdictions that apply to You. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
2. All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;
4. Your Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third party access to Your Account;
5. You have verified and determined that Your use of the Site Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;
7. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of YOBI;
8. Your use of the Site, Services and Your Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of any trade or business;
9. You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
10. You shall not infringe or encroach upon YOBI's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
11. You are physically located in a U.S. State, or a jurisdiction located outside the United States, in which participation in Site or Services is not prohibited by the law of that State or jurisdiction;
12. You will not use the Site or Services for fraudulent or otherwise illegal purposes; should you learn that any User is using the Site or Services for fraudulent or otherwise illegal purposes, you will immediately notify Us in writing;
13. You understand that We may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site and Services is illegal or restricted; and
14. You will not mask your identify in any way, including without limitation, IP masking by accessing the Site or Services over any type of Proxy Server, through IP masking software or the like.
C. Contest Application and Processing Fee
To apply for a contest on the YOBI.tv Websites and to access certain Services, You must pay a YOBI.tv Contest Fee to YOBI, per each contest site and submission. The YOBI.tv Websites Contest Fee will be shown to You before finalizing Your Account information. Payment should be made in accordance with these Terms and Conditions. There is a current promotional fee of $0.00 for memberships and for contest entries.
We DO NOT warrant that our Site and/or Services are in compliance with all the laws and regulations in any localities, including Your locality. It is Your responsibility to ensure compliance with the laws and regulations of Your locale. Please be certain to use the Services and participate in the Site or Services only after You have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
4. YOUR ACCOUNT
You may only have one (1) Account. You are prohibited from holding more than one Account. Your single Account must be registered under Your current full legal name, Your email address and your current permanent residential address. Should You attempt to create more than one (1) Account under Your current legal name or any other name, to use the Services under any other Account, or to create an Account using a name other than Your current legal name, we will be entitled to immediately terminate Your Account under Section 15 of this Agreement.
You must choose a Log-In and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.
To access all or some of the Services, You must have previously established a valid Account as provided herein. Further, You must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public.
5. VERIFICATION OF YOUR ACCOUNT INFORMATION
YOBI reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, as collected under Section 5 or otherwise, to ensure that Your participation in the Site and Services do not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as YOBI, in its discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or YOBI cannot verify the information applicable to Your Account submitted pursuant to Section 5, Your Account will be terminated pursuant to Section 15.
All payments to YOBI to enter a contest must be made using Pay-Pal or other means of payment that We may approve from time to time, as defined in Section 18. All payments to YOBI must be made from a payment source on which You are the named Account holder. All payments to YOBI are not refundable, for any reason.
You agree that the Site is not liable for any loss caused by any unauthorized use of Your Pay-Pal Account, Your credit card or any other method of payment by a third party in connection with the Site. You waive Your right to dispute any payment made into Your Account and You will personally bear all costs. Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by You to honor charges or requests for payment will result in immediate termination of Your Account, forfeiture of any Prizes to which You have been awarded, and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials, by anyone, or any other fraudulent activity, We reserve the right to block a User's Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any User on the basis of the information provided to us on registration.
YOBI may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine any requirements of You in connection with the applicable sweepstakes, contest or promotion.
8. RESTRICTIONS ON USE
9. PROPRIETARY INFORMATION
You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Site unless We have expressly allowed You to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.
10. THIRD PARTY CONTENT
You understand that Content posted on, transmitted through, or linked on the Site or using the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for the Content that you post, email or otherwise make available via the Service. You understand that YOBI does not control, and is not responsible for Content made available through the Site, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the YOBI.tv Websites and Content available through the Site or Services may contain links to other web sites, which are independent of YOBI. YOBI makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will YOBI be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that YOBI does not pre-screen or approve Content, but that YOBI shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Although YOBI does not claim ownership of the Content that You post, by posting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to YOBI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute that Content and to prepare derivative works of, or incorporate into other works, that Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to the Site, you automatically grant YOBI all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
11. HYPER-LINKS, THIRD PARTY CONTENT, SITES AND SERVICES
The Site and Content available through the Services may be hyper-linked to other sites and/or contain features and functionalities which are not maintained by, or related to, YOBI. Such links, Content and Services (including, web sites, directories, servers, systems, networks, databases, information, programs, software products or services) are provided as a service to users and are not sponsored by or affiliated with this site or YOBI. Your interactions, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, entities or individuals.
YOBI has not reviewed any or all of such Sites, Content or Services and is not responsible therefore and such Sites, Content and Services are to be accessed at the user's own risk. YOBI makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by YOBI of that site.
12. INFORMATION OR CONTENT THAT YOU PROVIDE
You hereby grant to YOBI the royalty-free,perpetual, irrevocable, unrestricted worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information that You post, send, submit, publish, transmit, communicate, provide or otherwise transfer to YOBI or through the Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. YOBI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future YOBI operations.
Your Submission must not include material that:
· you do not have the right to post, including proprietary material of any third party;
· advocates illegal activity or discusses an intent to commit an illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this Site;
· threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
· seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
· infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or 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;
· disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
· amounts to a ‘pyramid' or similar scheme;
· disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
· contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
C. Right to Monitor
13. WE DISCLAIM ALL OBLIGATIONS TO YOU
A. YOBI has no obligation to check whether users are using the Site or Services in accordance with this Agreement or any other agreement.
B. Under no circumstances shall YOBI be obligated to investigate or pursue any complaints made by a User against any other User using the Site or Services or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement. YOBI may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so.
C. You will not be entitled to any compensation or otherwise from Us for any sums You believe to be owed to You as a result of any other User's misconduct, unlawful behavior or otherwise, whether or not the Company pursues any action against such User. It is Your sole responsibility to resolve such issues without involving YOBI.
D. You understand that YOBI cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. YOBI does not assume any responsibility or risk for your use of the Internet.
E. No Content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by YOBI. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
You agree that YOBI shall not be responsible or liable for any loss or damage of any sort incurred as the result of Your use of the Site and/or Services. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that YOBI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release YOBI, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
15. WE MAKE NO WARRANTY
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. YOBI disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. YOBI does not warrant that the functions OR CONTENT contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. YOBI does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and YOBI may make changes or improvements at any time. You, and not YOBI, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. YOBI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
16. LIMITATION ON LIABILITY
YOBI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF YOBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF YOBI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO YOBI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
17. TERM AND TERMINATION
1. You may terminate Your Account at any time by giving us thirty (30) days prior written notice to the e-mail address email@example.com.
2. We expressly reserve the right to terminate Your Account (including Your Log-In and password) for any reason, including without limitation, violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.
B. Termination for Latency
If Your Account experiences no activity for ninety (90) consecutive days, Your Account may be automatically terminated.
18. PROCESSING OF ACCOUNT PAYMENTS
YOBI may use third-party electronic payment processors and/or financial institutions ('ESPs') to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that YOBI may give such instructions on your behalf in accordance with your requests as submitted on the YOBI.tv Websites. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between this Agreement and the ESP's terms and conditions then this Agreement shall prevail.
19. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
A. YOBI, LLC understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. YOBI, LLC does not review all of the material posted on or submitted through their website and has no responsibility for any content that you may find or access when using YOBI, LLC's products or services.
YOBI, LLC takes all concerns related to intellectual property seriously and it is YOBI's policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user's account who infringes or appear to infringes the intellectual property rights of others.
B. Notice of Copyright Infringement
If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to YOBI's DMCA Agent.
1. A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on our website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please provide this information to YOBI's DMCA Agent, who can be reached at firstname.lastname@example.org
Due to IT concerns, unsolicited attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an unsolicited attachment will not be received or processed.
22. THIRD PARTY ADVERTISING
From time to time, YOBI may display or otherwise make available promotions, advertisements and/or offers provided by third-parties ("Third Party Promotions"). You understand and agree to hold YOBI harmless and agree that YOBI shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.