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YouCAST Corp. TERMS OF USE
The following Terms of Use (and all applicable
laws) govern your access to and use of the web site located at www.youcastcorp.com (the "Site") and any
other website, microsite, client asset website, mobile device application, or
Internet property owned, operated, or sponsored by DK Co., and related services
(collectively with the Site, the "YC Corp. Web Properties"). The YC Corp. Web Properties are made
available by YouCast Corp ("YC Corp." or "we" or
"us"). Your access to and use of the YC Corp. Web Properties is
undertaken at your own risk. We may change these Terms of Use from time to
time, at any time without notice to you, by posting such changes on
www.dkny.com. BY USING THE YC CORP. WEB PROPERTIES, YOU ACCEPT AND AGREE TO
THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE YC CORP. WEB PROPERTIES. If
you do not agree to these Terms of Use, you may not access or otherwise use the
YC Corp. Web Properties.
Proprietary Rights.
As between you and DK Co., YC Corp. owns,
solely and exclusively, all rights, title and interest in and to the YC Corp.
Web Properties, all the content (including, for example, audio, photographs,
illustrations, graphics, other visuals, video, copy, software, etc.), code,
data and materials thereon, the look and feel, design and organization of the
YC Corp. Web Properties, and the compilation of the content, code, data and
materials on the YC Corp. Web Properties, including but not limited to any
copyrights, trademark rights, patent rights, database rights, moral rights, sui
generis rights and other intellectual property and proprietary rights therein.
Your use of the YC Corp. Web Properties does not grant to you ownership of any
content, code, data or materials you may access on the YC Corp. Web Properties.
You may view the content on the YC Corp. Web Properties on your computer or
other Internet compatible device, and make single copies or prints of the
content on the YC Corp. Web Properties for your personal, internal use only.
The YC Corp. Web Properties and the services offered on or through the YC Corp.
Web Properties, including any content and materials thereon, are only for your
personal, non-commercial use. Any commercial distribution, publishing or exploitation
of the YC Corp. Web Properties, or any content, code, data or materials on the
YC Corp. Web Properties, is strictly prohibited unless you have received the
prior written permission of YC Corp. or the applicable rights holder. You may
not otherwise download, display, copy, reproduce, distribute, modify, perform,
transfer, create derivative works from, sell or otherwise exploit any content,
code, data or materials on the YC Corp. Web Properties. If you make other use
of the YC Corp. Web Properties, or the content, code, data or materials
thereon, except as otherwise provided above, you may violate copyright and
other laws of the United States, other countries, as well as applicable state
laws and may be subject to liability for such unauthorized use. YC Corp. will
enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
Trademarks.
The trademarks, logos, service marks and trade
names (collectively the "Trademarks") displayed on the YC Corp. Web
Properties are registered and unregistered Trademarks of YC Corp. and/or others
and may not be used in connection with products and/or services that are not
related to, associated with, or sponsored by their rights holders that are
likely to cause customer confusion, or in any manner that disparages or
discredits their rights holders. Nothing contained on the YC Corp. Web
Properties should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the YC Corp.
Web Properties without the prior written permission of YC Corp. or the third
party that may own the applicable Trademark. Your misuse of the Trademarks
displayed on the YC Corp. Web Properties is strictly prohibited. YC Corp. will enforce
its Trademark rights to the fullest extent of the law, including the seeking of
criminal prosecution.
User Information.
In the course of your use of the YC Corp. Web
Properties, you may be asked to provide certain personalized information to us
(such information referred to hereinafter as "User Information"). Our
information collection and use policies with respect to the privacy of such
User Information are set forth in the DKNY Privacy Policy which is incorporated
herein by reference for all purposes. You acknowledge and agree that you are
solely responsible for the accuracy and content of User Information, and you
agree to keep it up to date.
User Generated Content.
You, and not DK Co., are entirely responsible
for any data, text, software, music, sound, photographs, graphics, images,
videos, messages, or other materials (collectively, "User Content")
that you may submit, transmit, upload, post, e-mail, or otherwise make
available on any YC Corp. Web Properties. Such User Content constitutes a
Submission as defined below.
You agree not to engage in, assist, or
encourage others to engage in submitting, transmitting, uploading, posting,
e-mailing, or otherwise making available on the YC Corp. Web Properties, User
Content that: (i) is, or that encourages activity or conduct that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, pornographic, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; (ii) you do not have a right
to make available under any law or under contractual or fiduciary
relationships; (iii) is known by you to be false, inaccurate, or misleading;
(iv) you were compensated for or granted any consideration by any third party;
(v) contains restricted or hidden content; or (vi) infringes any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary
rights of any party.
While YC Corp. may allow users to post User
Content, including images and comments, to YC Corp. Web Properties, you should
be aware that YC Corp. does not review User Content before it is posted and
that User Content does not necessarily reflect the views of DK Co.
All User Content must be appropriate for a
family audience, and must not be offensive, disparaging, harassing, or
discriminatory. YC Corp. may remove any User Content from the YC Corp. Web
Properties at any time and for any reason or no reason.
When you submit, post, or otherwise transmit
User Content to any YC Corp. Web Properties you alone are responsible for
insuring that you have the rights to post that User Content, including, but not
limited to, any copyright rights to images or music, and the right to publish
the images of the people or items included in the User Content.
Please note that YC Corp. may use for
commercial purposes any User Content posted to any YC Corp. Web Properties and
may copy or export User Content from any YC Corp. Web Properties and publish or
republish User Content elsewhere on the Internet or otherwise. Accordingly,
please exercise discretion in deciding what to post on YC Corp. Web Properties.
Be aware that YC Corp. has no control over
User Content once it leaves the YC Corp. Web Properties, and it is possible
that others may duplicate material found on YC Corp. Web Properties, including,
but not limited to, on other sites on the Internet.
You further agree not to post any content or
mechanism that attempts to gain access to restricted areas of any of the YC
Corp. Web Properties, collect or solicit passwords or personal information from
other users, or engage in commercial activities via any of the YC Corp. Web
Properties.
In addition, you agree not to transmit,
upload, post, e-mail, or otherwise make available any software viruses,
unsolicited or unauthorized advertising, solicitation or promotional material,
including chain letters, mass mailings, or any form of "spam." You
further agree not to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with any person or entity;
intentionally or unintentionally violate any applicable local, state, national
or international law; or collect or store personally identifiable data about
other users.
YC Corp. does not endorse or control the User
Content transmitted or posted on the YC Corp. Web Properties and therefore, YC
Corp. does not guarantee the accuracy, integrity or quality of User Content.
You understand that by using the YC Corp. Web Properties, you may be exposed to
User Content that is offensive, indecent, or objectionable to you. Under no
circumstances will YC Corp. be liable in any way for any User Content,
including, without limitation, for any errors or omissions in any User Content,
or for any loss or damage of any kind incurred by you as a result of the use of
any User Content submitted, transmitted, uploaded, posted, e-mailed, or
otherwise made available via the YC Corp. Web Properties.
You acknowledge that YC Corp. has the right -
though not the obligation - in our sole discretion to refuse to post or remove
any User Content and it reserves the right to change, condense, edit, modify,
transmit, display, or delete any User Content and you waive any rights you have
in having the material altered or changed in a manner not agreeable to you.
Without limiting the generality of the foregoing or any other provision of
these Terms and Conditions, YC Corp. has the right to remove any User Content
that violates this User Generated Content Policy or is otherwise objectionable,
and it reserves the right to refuse service and/or terminate access without
prior notice for any user who violates this User Generated Content Policy or
infringes the rights of others.
Any inquiries, feedback, suggestions, ideas,
or other information or User Content that you provide to us (collectively,
"Submissions") will be treated as non-proprietary and
non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise
submitting Submissions to any of the YC Corp. Web Properties, you grant, and you
represent and warrant that you have the right to grant, to YC Corp. an
irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use,
telecast, copy, perform, display, edit, distribute and otherwise exploit the
Submissions, or any portion thereof and any ideas, concepts, or know how
contained therein, with or without attribution, and without the requirement of
any permission form or payment to you or to any other person or entity, in any
manner (including, without limitation, for commercial, publicity, trade,
promotional, or advertising purposes) and in any and all media now known or
hereafter devised, and to prepare derivative works of, or incorporate into
other works, such Submissions, and to grant and authorize sublicenses of the
foregoing without any payment of money or any other form of consideration to
you or to any third party.
You also acknowledge that your Submissions
will not be returned to you and that YC Corp. has no obligation to acknowledge
receipt of or respond to any Submissions.
If you make a Submission, you represent and
warrant that you own or otherwise control the rights to your Submission. You
agree to indemnify YC Corp. and its affiliates for all claims arising from or
in connection with any claims to any rights in any Submission or any damages
arising from any Submission.
While YC Corp. strives to make YC Corp. Web
Properties safe and positive places, they remain public forums, and other users
may attempt to obtain personal information about you in order to harass or
injure you. By using the YC Corp. Web Properties you acknowledge and agree that
YC Corp. is not responsible for others' misuse of information publicly
disclosed here. Please carefully select the type of information that you post
or share, and report any abuses to us.
Unsolicited Materials.
Unless specifically requested, we do not
solicit nor do we wish to receive any confidential, secret, or proprietary
information, or other material from you through the YC Corp. Web Properties, by
e-mail or in any other way. Any information, creative works, demos, ideas,
suggestions, concepts, methods, systems, designs, plans, techniques or other
materials submitted or sent to us ("Submitted Materials") will be
deemed not to be confidential or secret, and may be used by us in any manner consistent
with the DKNY Privacy Policy. By submitting or sending Submitted Materials to
us, you: (i) represent and warrant that the Submitted Materials are original to
you, that no other party has any rights thereto, and that any "moral
rights" in Submitted Materials have been waived, and (ii) you grant us a
royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully transferable, assignable and sublicensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such material (in whole or part) and/or
to incorporate it in other works in any form, media, or technology now known or
later developed. We are not responsible for maintaining any Submitted Material
that you provide to us, and we may delete or destroy any such Submitted
Material at any time.
Digital Millennium Copyright Act.
YC Corp. respects the intellectual property
rights of others. Upon proper notice, YC Corp. will remove Submitted Materials
or other applicable content that violate copyright law and terminate the
accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, YC Corp. has
implemented procedures for receiving written notification of claimed copyright
infringement and for processing such claims in accordance with such law. If you
believe your work has been copied in a way that constitutes copyright
infringement, please send YC Corp.’s
copyright agent (listed below) a notification of claimed infringement
with all of the following information:
(a) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works are covered
by a single notification, a representative list of such works;
(b) identification of the claimed infringing
material and information reasonably sufficient to permit YC Corp. to locate the
material on the YC Corp. Web Properties;
(c) information reasonably sufficient to
permit YC Corp. to contact you, such as an address, telephone number, and, if
available, an e-mail address;
(d) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
(e) a statement by you, made under penalty of
perjury, that the above information in your notification is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf; and
(f) your physical or electronic signature.
Please
send all of the above enumerated information to the following YC Corp.
copyright agent:
Mark Albert
Intellectual Property Counsel
Perkins Coie
Email: privacy@youcastcorp.com
Please do not send notices or inquiries
unrelated to alleged copyright infringement to YouCast’s designated agent.
User Conduct.
You warrant and agree that you shall not: (a)
impersonate any person or entity or misrepresent your affiliation with any
other person or entity; (b) upload, post, publish, transmit, reproduce,
distribute or in any way exploit any information or other material obtained
through the YC Corp. Web Properties for commercial purposes (other than as
expressly permitted by the provider of such information or other material); or
(c) attempt to gain unauthorized access to other computer systems through the
YC Corp. Web Properties. You may not: (i) engage in spidering, "screen
scraping," "database scraping," harvesting of e-mail addresses,
wireless addresses or other contact or personal information, or any other
automatic means of obtaining lists of users or other information from or
through the YC Corp. Web Properties or the services offered on or through the
YC Corp. Web Properties, including without limitation any information residing
on any server or database connected to the YC Corp. Web Properties or the
services offered on or through the YC Corp. Web Properties; (ii) obtain or
attempt to obtain unauthorized access to computer systems, materials or
information through any means; (iii) use the YC Corp. Web Properties or the
services made available on or through the YC Corp. Web Properties in any manner
with the intent to interrupt, damage, disable, overburden, or impair the YC
Corp. Web Properties or such services, including, without limitation, sending
mass unsolicited messages or "flooding" servers with requests; or
(iv) use the YC Corp. Web Properties or the YC Corp. Web Properties' services
in violation of any applicable law. You further agree that you may not attempt
(or encourage or support any one else's attempt) to circumvent, reverse
engineer, decrypt, or otherwise alter or interfere with the YC Corp. Web
Properties or the YC Corp. Web Properties' services, or any content thereof, or
make unauthorized use thereof. You agree that you will not use the YC Corp. Web
Properties in any manner that could damage, disable, overburden, or impair the
YC Corp. Web Properties or interfere with any other party's use and enjoyment
of the YC Corp. Web Properties. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the YC Corp. Web Properties.
YC Corp. may, from time to time, make
messaging service, chat service, wireless device application, bulletin board,
other forums and the like available on the YC Corp. Web Properties. In addition
to any other rules or regulations that we may post in connection with a
messaging service, wireless device application, chat service, bulletin board,
or other forum on the YC Corp. Web Properties or offered through a service on
the YC Corp. Web Properties, you agree that you shall not upload, post,
transmit, distribute or otherwise publish through the YC Corp. Web Properties
or any service offered on or through the YC Corp. Web Properties, any materials
which (i) restrict or inhibit any other user from using and enjoying the YC
Corp. Web Properties or the YC Corp. Web Properties' services, (ii) are
fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or
indecent, (iii) constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation, copyright, trademark,
trade secret, confidentiality, contract, patent, rights of privacy or publicity
or any other proprietary right, (v) contain a virus, spyware, or other harmful
component, (vi) contain advertising, chain letters or pyramid schemes of any
kind, or (vii) constitute or contain false or misleading indications of origin,
endorsement or statements of fact. You alone are responsible for the content
and consequences of any of your activities. You further agree not to
impersonate any other person or entity, whether actual or fictitious, including
anyone from the YC Corp. Web Properties or YC Corp. YC Corp. reserves the
right, but does not have an obligation, to monitor and/or review all materials
posted to the YC Corp. Web Properties or through the YC Corp. Web Properties'
services by users, and YC Corp. is not responsible for any such materials
posted by users. However, YC Corp. reserves the right at all times to disclose
any information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, that in YC Corp.’s
sole discretion are objectionable or in violation of these Terms of Use,
YC Corp.’s policies or applicable law.
You agree that if you include a link from any
other Web site to the Site, such link shall open in a new browser window. You
agree not to link from any other Web site to this Site in any manner such that
the Site, or any page of the Site, is "framed," surrounded or obfuscated
by any third party content, materials or branding. We reserve the right to
revoke your right to link to the Site from your Web site at any time upon
written notice to you.
You agree to defend, indemnify and hold YC
Corp. and its directors, officers, members, managers, employees and agents
harmless from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, arising in any way from your use of the YC Corp.
Web Properties, your placement or transmission of any message, content,
information, software, or other Submissions through the YC Corp. Web
Properties, or your breach or violation of the law or of these Terms of Use. YC
Corp. reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with YC Corp.’s defense of such claim.
Orders for Products and Services.
We may make certain products available to
visitors and registrants of the YC Corp. Web Properties. You may only order
products if, and you hereby represent and warrant that, you are domiciled in
the United States and you are 18 years old or older. You agree to pay in full
the prices for any purchases you make either by credit/debit card concurrent
with your online order or by other payment means acceptable to YC Corp. You
agree to pay all applicable taxes. If payment is not received by us from your
credit or debit card issuer or its agents, you agree to pay all amounts due
upon demand by us. You agree that you are not permitted to resell any products
purchased through any of the YC Corp. Web Properties for commercial purposes.
Third Party Web Sites.
You may be able to access or use the YC Corp. Web
Properties from a third party Web site, Internet resource, or software
application ("Linked Sites"). You may also be able access and use a
Linked Site from a link available on the YC Corp. Web Properties. You
acknowledge and agree that we have no responsibility for the information,
content, products, services, advertising, code, or other materials which may or
may not be provided by or through Linked Sites. The inclusion of any link to
such Linked Sites on any of the YC Corp. Web Properties does not imply YC
Corp.’s endorsement, sponsorship, or
recommendation of that site or of any product or service offered by that site.
YC Corp. disclaims any liability for Linked Sites. YC Corp. does not guarantee
the standards or practices of any Linked Site nor shall YC Corp. be held
responsible for the contents of such Linked Sites. For this reason, YC Corp.
does not represent or warrant that the contents of any Linked Site is accurate,
compliant with state or federal law, or compliant with copyright or other intellectual
property laws. Also, YC Corp. is not responsible for web casting or any other
form of transmission received from any Linked Site. Any reliance on the
contents of a Linked Site is done at your own risk and you assume all
responsibilities and consequences resulting form such reliance.
DISCLAIMER OF WARRANTIES.
THE YC CORP. WEB PROPERTIES, INCLUDING,
WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE
PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED
ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY
AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE YC
CORP. WEB PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS
CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE YC CORP. WEB PROPERTIES
WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE YC CORP. WEB PROPERTIES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YC CORP. ALSO ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT
MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS
TO, USE OF, OR BROWSING IN THE YC CORP. WEB PROPERTIES OR YOUR DOWNLOADING OF
ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE YC CORP. WEB
PROPERTIES. IF YOU ARE DISSATISFIED WITH THE YC CORP. WEB PROPERTIES, YOUR SOLE
REMEDY IS TO DISCONTINUE USING THE YC CORP. WEB PROPERTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED
ON THE YC CORP. WEB PROPERTIES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT
TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE YC
CORP. WEB PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND
DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF
ANY OF THE INFORMATION AVAILABLE ON THE YC CORP. WEB PROPERTIES, NOR WILL WE BE
LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION
PROVIDED ON THE YC CORP. WEB PROPERTIES.
WITHOUT LIMITATION OF THE ABOVE IN THIS
SECTION, YC CORP. AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO
WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR
PROVIDED VIA THE YC CORP. WEB PROPERTIES, AND HEREBY DISCLAIM, AND YOU HEREBY
WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES
LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE YC CORP.
WEB PROPERTIES OR IN CORRESPONDENCE WITH YC CORP. OR ITS AGENTS. ANY PRODUCTS
AND SERVICES ORDERED OR PROVIDED VIA THE YC CORP. WEB PROPERTIES ARE PROVIDED
BY YC CORP. "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET
FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN
YOU AND YC CORP. OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL DK CO., ANY MEMBER OF THE LVMH FAMILY, OR ANY OF THEIR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS
(COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE
INABILITY TO USE, THE YC CORP. WEB PROPERTIES OR THE CONTENT, MATERIALS AND
FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE YC CORP. WEB
PROPERTIES, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO
EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY
CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER
OR OTHER PERSON ON OR THROUGH THE YC CORP. WEB PROPERTIES. IN NO EVENT SHALL
THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE
OF THE YC CORP. WEB PROPERTIES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY,
PAID BY YOU TO YC CORP. FOR YOUR USE OF THE YC CORP. WEB PROPERTIES OR PURCHASE
OF PRODUCTS VIA THE YC CORP. WEB PROPERTIES.
Applicable Laws.
We control and operate the YC Corp. Web
Properties from our offices in the United States of America. We do not represent
that materials on the YC Corp. Web Properties are appropriate or available for
use in other locations. Persons who choose to access the YC Corp. Web
Properties from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. All parties to these Terms of Use waive their respective rights to
a trial by jury.
Termination.
YC Corp. may terminate, change, suspend, or
discontinue any aspect of the YC Corp. Web Properties or the YC Corp. Web
Properties' services at any time. If you violate any of these Terms of Use,
your permission to use the YC Corp. Web Properties automatically terminates.
Changes to Terms of Use.
YC Corp. reserves the right, at its sole
discretion, to change, modify, add or remove any portion of these Terms of Use,
in whole or in part, at any time. Changes in these Terms of Use will be
effective when posted on the YC Corp. Web Properties. Your continued use of the
YC Corp. Web Properties and/or the services offered on or through the YC Corp.
Web Properties after any changes to these Terms of Use are posted will be
considered acceptance of those changes.
Miscellaneous.
The Terms of Use and the relationship between
you and us shall be governed by the laws of the State of New York, without
regard to its conflict of laws provisions. You agree that any cause of action
that may arise under the Terms of Use shall be commenced and be heard in the
appropriate court in the State of New York, County of New York. You agree to
submit to the personal and exclusive jurisdiction of the courts located within
New York County in the State of New York. Our failure to exercise or enforce
any right or provision of the Terms of Use shall not constitute a waiver of
such right or provision. If any provision of the Terms of Use is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms of Use remain
in full force and effect.
Effective Date: July 9, 2009