Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the
services and Yobongo’s websites (the “Services”), and any information,
text, graphics, or other materials uploaded, downloaded or appearing
on the Services (collectively referred to as “Content”). Your access
to and use of the Services is conditioned on your acceptance of and
compliance with these Terms. By accessing or using the Services you
agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any content you
post to the Services, and for any consequences thereof. The Content
you submit, post, or display will be able to be viewed by other users
of the Services and through third party services and websites (go to
the account settings page to control who sees your Content). You
should only provide Content that you are comfortable sharing with
others under these Terms.
You may use the Services only if you can form a binding contract with
Yobongo and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You may
use the Services only in compliance with these Terms and all
applicable local, state, national, and international laws, rules and
regulations.
The Services that Yobongo provides are always evolving and the form
and nature of the Services that Yobongo provides may change from time
to time without prior notice to you. In addition, Yobongo may stop
(permanently or temporarily) providing the Services (or any features
within the Services) to you or to users generally and may not be able
to provide you with prior notice. We also retain the right to create
limits on use and storage at our sole discretion at any time without
prior notice to you.
The Services may include advertisements, which may be targeted to the
Content or information on the Services, queries made through the
Services, or other information. The types and extent of advertising by
Yobongo on the Services are subject to change. In consideration for
Yobongo granting you access to and use of the Services, you agree that
Yobongo and its third party providers and partners may place such
advertising on the Services or in connection with the display of
Content or information from the Services whether submitted by you or
others.
Privacy
Any information that you provide to Yobongo is subject to our Privacy
Policy, which governs our collection and use of your information. You
understand that through your use of the Services you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by
Yobongo. As part of providing you the Services, we may need to provide
you with certain communications, such as service announcements and
administrative messages. These communications are considered part of
the Services and your Yobongo account, which you may not be able to
opt-out from receiving.
Passwords
You are responsible for safeguarding the password that you use to
access the Services and for any activities or actions under your
password. We encourage you to use “strong” passwords (passwords that
use a combination of upper and lower case letters, numbers and
symbols) with your account. Yobongo cannot and will not be liable for
any loss or damage arising from your failure to comply with the above
requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such Content. We may
not monitor or control the Content posted via the Services and, we
cannot take responsibility for such Content. Any use or reliance on
any Content or materials posted via the Services or obtained by you
through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions
expressed via the Services. You understand that by using the Services,
you may be exposed to Content that might be offensive, harmful,
inaccurate or otherwise inappropriate, or in some cases, postings that
have been mislabeled or are otherwise deceptive. Under no
circumstances will Yobongo be liable in any way 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, emailed, transmitted or otherwise made available
via the Services or broadcast elsewhere.
Your Rights
You retain your rights to any Content you submit, post or display on
or through the Services. By submitting, posting or displaying Content
on or through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods
(now known or later developed).
You agree that this license includes the right for Yobongo to make
such Content available to other companies, organizations or
individuals who partner with Yobongo for the syndication, broadcast,
distribution or publication of such Content on other media and
services, subject to our terms and conditions for such Content use.
Such additional uses by Yobongo, or other companies, organizations or
individuals who partner with Yobongo, may be made with no compensation
paid to you with respect to the Content that you submit, post,
transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or
distribute it over computer networks and in various media and/or make
changes to your Content as are necessary to conform and adapt that
Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for your use of the Services, for any Content you
provide, and for any consequences thereof, including the use of your
Content by other users and our third party partners. You understand
that your Content may be rebroadcasted by our partners and if you do
not have the right to submit Content for such use, it may subject you
to liability. Yobongo will not be responsible or liable for any use of
your Content by Yobongo in accordance with these Terms. You represent
and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you
submit.
Yobongo gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software that is provided to you
by Yobongo as part of the Services. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services
as provided by Yobongo, in the manner permitted by these Terms.
Yobongo Rights
All right, title, and interest in and to the Services (excluding
Content provided by users) are and will remain the exclusive property
of Yobongo and its licensors. The Services are protected by copyright,
trademark, and other laws of both the United States and foreign
countries. Nothing in the Terms gives you a right to use the Yobongo
name or any of the Yobongo trademarks, logos, domain names, and other
distinctive brand features. Any feedback, comments, or suggestions you
may provide regarding Yobongo, or the Services is entirely voluntary
and we will be free to use such feedback, comments or suggestions as
we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to
remove or refuse to distribute any Content on the Services and to
terminate users or reclaim usernames. Please review the Yobongo Rules
(which are part of these Terms) to better understand what is
prohibited on the Service. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal process
or governmental request, (ii) enforce the Terms, including
investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond
to user support requests, or (v) protect the rights, property or
safety of Yobongo, its users and the public.
You may not do any of the following while accessing or using the
Services: (i) access, tamper with, or use non-public areas of the
Services, Yobongo’s computer systems, or the technical delivery
systems of Yobongo’s providers; (ii) probe, scan, or test the
vulnerability of any system or network or breach or circumvent any
security or authentication measures; (iii) access or search or attempt
to access or search the Services by any means (automated or otherwise)
other than through our currently available, published interfaces that
are provided by Yobongo (and only pursuant to those terms and
conditions), unless you have been specifically allowed to do so in a
separate agreement with Yobongo (NOTE: crawling the Services is
permissible if done in accordance with the provisions of the
robots.txt file, however, scraping the Services without the prior
consent of Yobongo is expressly prohibited); (iv) forge any TCP/IP
packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive or
false source-identifying information; or (v) interfere with, or
disrupt, (or attempt to do so), the access of any user, host or
network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the
creation of Content in such a manner as to interfere with or create an
undue burden on the Services.
Copyright Policy
Yobongo respects the intellectual property rights of others and
expects users of the Services to do the same. We will respond to
notices of alleged copyright infringement that comply with applicable
law and are properly provided to us. If you believe that your Content
has been copied in a way that constitutes copyright infringement,
please provide us with the following information: (i) a physical or
electronic signature of the copyright owner or a person authorized to
act on their behalf; (ii) identification of the copyrighted work
claimed to have been infringed; (iii) 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; (iv) your contact information, including your address,
telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove Content alleged to be infringing
without prior notice and at our sole discretion. In appropriate
circumstances, Yobongo will also terminate a user’s account if the
user is determined to be a repeat infringer. Our designated copyright
agent for notice of alleged copyright infringement appearing on the
Services is:
Yobongo, Inc.
Attn: Copyright Agent
Pier 38 Suite 210
San Francisco, CA 94107
Email: copyright@yobongo.com
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own
risk. You understand and agree that the Services is provided to you on
an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing,
Yobongo AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. We make no warranty and disclaim all responsibility
and liability for the completeness, accuracy, availability,
timeliness, security or reliability of the Services or any content
thereon. Yobongo will not be responsible or liable for any harm to
your computer system, loss of data, or other harm that results from
your access to or use of the Services, or any Content. You also agree
that Yobongo has no responsibility or liability for the deletion of,
or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that
the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from Yobongo or through the
Services, will create any warranty not expressly made herein.
Links
The Services may contain links to third-party websites or resources.
You acknowledge and agree that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not
imply any endorsement by Yobongo of such websites or resources or the
content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
Waiver and Severability
The failure of Yobongo to enforce any right or provision of these
Terms will not be deemed a waiver of such right or provision. In the
event that any provision of these Terms is held to be invalid or
unenforceable, the remaining provisions of these Terms will remain in
full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the
laws of the State of California without regard to or application of
its conflict of law provisions or your state or country of residence.
All claims, legal proceedings or litigation arising in connection with
the Services will be brought solely in San Francisco County,
California, and you consent to the jurisdiction of and venue in such
courts and waive any objection as to inconvenient forum. If you are
accepting these Terms on behalf of a United States federal government
entity that is legally unable to accept the controlling law,
jurisdiction or venue clauses above, then those clauses do not apply
to you but instead these Terms and any action related thereto will be
will be governed by the laws of the United States of America (without
reference to conflict of laws) and, in the absence of federal law and
to the extent permitted under federal law, the laws of the State of
California (excluding choice of law).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOBONGO AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD
PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii)
ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS,
USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT YOBONGO HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or
the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
Entire Agreement
These Terms, the Yobongo Rules and our Privacy Policy are the entire
and exclusive agreement between Yobongo and you regarding the Services
(excluding any services for which you have a separate agreement with
Yobongo that is explicitly in addition or in place of these Terms),
and these Terms supersede and replace any prior agreements between
Yobongo and you regarding the Services. Other than members of the
group of companies of which Yobongo is the parent, no other person or
company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version
will always be at Yobongo.com/tos. If the revision, in our sole
discretion, is material we will notify you via an Yobongo update or
e-mail to the email associated with your account. By continuing to
access or use the Services after those revisions become effective, you
agree to be bound by the revised Terms.
These Services are operated and provided by Yobongo Inc., Pier 38,
Suite 210, San Francisco, CA 94107. If you have any questions about
these Terms, please contact us.
