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AGREEMENT BETWEEN USER AND YOSPACE
The Yospace Web Sites (which expression shall include, YoZone, all web sites with
the prefix or suffix yospace.com, and all subordinate pages of those sites) are
offered to you conditioned upon your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Yospace Web Sites
constitutes your acceptance to all such terms, conditions, and notices.
MODIFICATION OF YOSPACE'S TERMS OF USE AND NOTICES
Yospace reserves the right to change the terms, conditions, and notices herein
offered. It is your responsibility to review these terms and conditions regularly.
Your continued use of the Yospace Web Sites constitutes your agreement to all such
terms, conditions, and notices
UNLAWFUL OR PROHIBITED USE
You may not use the Yospace Web Sites for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Yospace Web Sites in
any manner that could damage, disable, overburden, or impair the Yospace Web Sites
or services, or interfere with any other party's use and enjoyment of the Yospace
Web Sites and/or services. You may not attempt to gain unauthorized access to any
Yospace services, other accounts, computer systems or networks connected to the
Yospace Web Sites and/or service, through hacking or any other means
SOFTWARE AND CONTENT AVAILABLE THROUGH THE YOSPACE WEB SITES
All content and software that is made available to view and/or download in connection
with the Yospace Web Sites, excluding content and/or software that may be made
available by end-users through the Communication Exchange Services ("Software"), is
owned by and is the copyrighted work of Yospace and/or its third party suppliers and
is protected by copyright laws and international treaties. Your use of such Software
is governed by the terms of the end-user license agreement, if any, which accompanies
or is included with the Software.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please refer to the Privacy Statement for disclosures relating to the collection and use of your information.
PRIVATE ACCOUNT, PASSWORD AND SECURITY
If you open an account on the Yospace Web Sites, you must complete the registration
process by providing us with the most current, complete and accurate information as
prompted by the applicable registration form. You will then choose a password and
user name. You are entirely responsible for (i) maintaining the confidentiality of
your password and account and (ii) any and all activities that occur under your
account. You agree to notify Yospace immediately of any unauthorized use of your
account or any other breach of security. Yospace will not be liable for any loss
that you may incur as a result of someone else using your password or account, either
with or without your knowledge. You may not use anyone else's account at any time,
without permission of the account holder.
LINKS TO THIRD PARTY SITES
The Yospace Web Sites may contain links to third party web sites ("Linked Sites").
The Linked Sites are not under the control of Yospace and Yospace is not responsible
for the contents of any Linked Site, including without limitation, any link contained
in a Linked Site, or any changes or updates to a Linked Site.
Any dealings with third parties included within the Yospace Web Sites or
participation in promotions, including the delivery of and the payment for goods and
services, or any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the third party.
Yospace shall not be responsible or liable for any part of any such dealings or
promotions.
DISCUSSION FORUMS
The Yospace Web Sites may contain bulletin board services, discussion forums and/or
software sharing services to enable you to communicate with others (collectively
the "Communication Exchange Services"). You agree to use the Communication Exchange
Services only to post, send and receive messages and material that are proper and,
when applicable, related to the particular topic. Yospace does not monitor or
review the Communication Exchange Services. However, Yospace may at any time, if
notified of mis-use or infringement, remove any content contained in the
Communication Exchange Services. Yospace reserves the right to terminate your
access to any or all of the Communication Exchange Services at any time, without
notice, for any reason whatsoever. YOSPACE IS NOT RESPONSIBLE FOR ANY OPINIONS,
ADVICE, STATEMENTS, SERVICES OR OTHER INFORMATION POSTED IN THE COMMUNICATION
EXCHANGE SERVICES. YOSPACE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR
USEFULLNESS OF ANY CONTENT IN THE COMMUNICATION EXCHANGE SERVICES AND THE USER IS
RESPONSIBLE FOR EVALUATING SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOSPACE IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRNGEMENT OF ANOTHER<92>S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS CONTAINED IN THE COMMUNICATION EXCHANGE
SERVICES.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE YOSPACE WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOSPACE
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
INFORMATION, SOFTWARE, PRODUCTS AND/OR SERVICES AT ANY TIME. ADVICE RECEIVED VIA
THE YOSPACE WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL
DECISIONS.
YOSPACE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED WITHIN THE YOSPACE WEB SITES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. YOSPACE HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT YOSPACE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE YOSPACE WEB SITES. YOU
EXPRESSLY AGREE THAT YOSPACE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR
ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL YOSPACE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR CONNECTED WITH THE USE OR PERFORMANCE OF THE YOSPACE WEB SITES, WITH THE DELAY
OR INABILITY TO USE THE YOSPACE WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OBTAINED THROUGH THE
YOSPACE WEB SITES, WHETHER BASED ON CONTRACT OR TORT OR OTHERWISE, EVEN IF YOSPACE
AND ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE YOSPACE WEB SITES AND/OR SERVICES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE YOSPACE WEB SITES.
COPYRIGHT AND TRADEMARK
is a registered trademark of Yospace Technologies Ltd in the United States and the
United Kingdom. Yospace's product names are either trademarks or registered
trademarks of Yospace Technologies Ltd. Other product and company names mentioned on the
Yospace Web Sites may be trademarks or trade names of their respective owners. Your
access to the Yospace Web Sites should not be construed as granting, by implication,
estoppel or otherwise, any license or right to use any marks appearing on the
Yospace Web Sites without the prior written consent of Yospace or the third party
owner thereof.
Content of the Yospace Web Sites are copyright © Yospace Technologies Ltd. All rights notexpressly granted herein are reserved.
By submitting material (such as music, sound, photographs, graphics, video, or any
content submitted through the Communication Exchange Services) to Yospace, you
license and grant Yospace and its affiliates a non-exclusive, royalty-free,
perpetual, worldwide irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, copy, create derivative works from, distribute,
and display such content or any concept described in it throughout the world in any
media or product, including without limitation mobile phone products, advertising,
marketing and promotional materials, and digital reproductions without compensation,
restrictions on use, acknowledgement or source, accountability or liability.
USE OF THE YOSPACE RINGTHING AND MIMAGEMAKER
By submitting a ring tone composition and/or operator graphic using Yospace's
RingThing or MimageMaker, in addition to the licenses granted to Yospace above, you
grant to Yospace the license to copy and/or forward your composition and/or graphic
to your handset product (whether through your mobile phone carrier's or operators
mobile short messaging or email system or otherwise). You expressly represent and
warrant to Yospace that your submissions do not infringe the trademarks, copyrights
or other intellectual property rights of any third parties and that you are the
author and owner of the composition and/or graphic or have the unlimited right to
provide it to Yospace. You expressly agree that you are solely responsible for
the composition and/or graphic submitted and Yospace shall not be liable in any
way for such composition and/or graphic. You expressly agree not to take any action
against Yospace in relation to any composition and/or graphic that you submit. You
expressly agree to indemnify Yospace and hold Yospace harmless from all claims,
liabilities, damages and expenses (including attorneys fees) resulting from such
composition and/or graphic you submit if any third party takes action against
Yospace in relation to such composition and/or graphic submission, including without
limitation for alleged infringement of intellectual property rights.
Yospace does not monitor or review the content posted by any user to the Yospace
Web Sites or its products and/or services through this site, and is not responsible
for any such content. However, Yospace may at any time, if notified of mis-use or
infringement, remove any content, composition or graphic posted.
NOTICES
All notices shall be submitted in writing to:
Stacey Weego
Legal Department
Yospace Technologies Ltd.
Bridge House
Staines, Middx
TW18 4TW
United Kingdom
legal@yospace.com
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