|
yavip! User Agreement THE FOLLOWING DESCRIBES THE TERMS ON WHICH YAVIP OFFERS YOU ACCESS TO
OUR Welcome to the User Agreement for yavip!. This Agreement
describes the terms and conditions applicable to your use of our services
available under the domain and sub-domains of www.yavip.com
and the general principles for the
websites of our subsidiaries and international affiliates. If
you do not agree to be bound by the terms and conditions of this
Agreement, do not use or access our services. by reference, before you may become a member of yavip. We strongly recommend that, as you read this User Agreement, you also access and read the information
contained in the other pages and websites referred to in this document,
as they may contain further terms and conditions that apply to you as an
yavip user. Please note: underlined words and phrases are links to these pages
and websites. By accepting this User Agreement, you also agree that your
use of other yavip websites will be governed by the terms and We may amend this Agreement at any time by posting the amended terms on
our site. Except as stated below, all amended terms shall automatically
be effective 30 days after they are initially posted
on our site. This Agreement
may not be otherwise amended except in a writing signed by you and yavip
. This Agreement is effective on January 1st, 2010. Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing,
our services are not available to temporarily or indefinitely
suspended yavip members. If you are a minor, you can use this
service only in conjunction with your parents or guardians. If you do
not qualify, please do not use our services. Further, your yavip
account and User Id may not
be transferred or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind the entity to
this Agreement. Joining at yavip is free. Our
Fees and Credits Policy is incorporated by reference. We
may change our Fees and Credits Policy and the fees for our services from
time to time. Our changes to the policy are effective after we provide
you with at least fourteen (14) days' notice of the changes by posting
the changes on the announcements board. However, we may choose to temporarily
change our Fees and Credits Policy and the fees for our services for promotional
events and such changes are effective when we post the temporary promotional
event on the announcements board. We may in our sole discretion change
some or all of our services at any time. In the event we introduce a new
service, the fees for that service are effective at the launch of the
service. Unless otherwise stated, all fees are quoted in the currency of the country
located Dollars. You are responsible for paying all fees
associated with using our service and our website and all applicable taxes. 3.1 yavip is not an supplier or agency. Although we are commonly referred
to as an online social web site, it is important to realize
that we are not a traditional "supplier or agency" Instead,
our site acts as a venue to allow anyone to
exchange experiences, and share information about anything (under limit of Terms of Service), at anytime, from anywhere.
We are not involved in the actual
transaction between posters and viewers. As a result, we have no
control over the accuracy of information, safety or legality of those information posted,
the truth or accuracy of the listings, the ability of posters to post
information or the ability of viewers to check the information. We cannot ensure
that a poster or viewer will actually exchange experiences or right information . 4.1 Definition. "Your Information" is defined as any information
you provide to us or other
users in the registration, or ordering process, in any public message
area or through any email feature. You are solely responsible for Your
Information, and we act as a passive conduit for your online distribution and publication of Your Information. Our web site contains robot exclusion headers and you agree that you will
not use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein without
our prior expressed written permission. You agree that you will not use
any device, software or routine to bypass our robot exclusion headers,
or to interfere or attempt to interfere with the proper working of the
yavip site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to yavip by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of yavip or the appropriate third party. Without limiting other remedies, we may immediately remove your account,
warn our community of your actions, issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide
our services to you if: (a) you breach this Agreement or the documents
it incorporates by reference; (b) we are unable to verify or authenticate
any information you provide to us; or (c) we believe that your actions
may cause financial loss or legal liability for you, our users or us.
7.Privacy. We do not sell or rent your personal information to third parties for marketing
purposes without your consent and we only use your information as described
in the Privacy Policy. We view protection of users' privacy as a very
important community principle. We understand clearly that you and your
information is one of our most important assets. We store and process
your information on computers located in the Countries of our Web located
that are protected by physical as well as technological security devices.
We use third parties to verify and certify our privacy principles. If
you object to your Information being transferred or used in this way please
do not use our services. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A ARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states/countries
do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and
you may also have other legal rights that vary from state to state. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation of any law
or the rights of a third party. You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your
bidding on, listing, purchase, solicitation of offers to purchase of items.
You and yavip are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement. Except as explicitly stated otherwise, any notices shall be given by Email
to yavip during the registration process (in your case). Notice shall
be deemed given 24 hours after email is sent, unless the sending party
is notified that the email address is invalid. Alternatively, we may give
you notice by certified mail, postage prepaid and return receipt requested,
to the address provided to yavip during the registration process. In
such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by yavip to
collect our fees and/or recover damages for, or obtain an injunction relating
to, the yavip site operations, intellectual property, and our services,
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the Canada Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Toronto,Canada, and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or yavip may seek any interim or preliminary relief
from a court of competent jurisdiction in Toronto, Canada necessary to
protect the rights or property of you or yavip pending the completion
of arbitration. Should either party file an action contrary to this provision,
the other party may recover attorney's fees and costs up to $1000.00.
Each of these policies may be changed from time to time and are effective
immediately after we post the changes on our site, except for the Privacy
Policy for which we will provide you with thirty days prior notice. In
addition, when using particular services on our site, you agree that you
are subject to any posted policies or rules applicable to services you
use through our site, which may be posted from time to time. All such
posted policies or rules are hereby incorporated by reference into this
Agreement. This Agreement shall be governed in all respects by the laws of the Toronto,
ON as such laws are applied to agreements entered into and to be performed
entirely within Ontario between Ontario residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site
may be interfered with by numerous factors outside of our control. If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically
assigned by yavip, in our sole discretion, to a third party in the
event of a merger or acquisition. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. The services hereunder are offered by yavip. If you are a Ontario
resident, you may have this same information emailed to you by sending
a letter to the foregoing address with your email address and a request
for this information. |