PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT AND PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE AND SERVICE (AS BOTH TERMS ARE DEFINED BELOW). IF YOU USE THE WEBSITE AND SERVICE, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SERVICES OR THE WEBSITE.
Yauzer.com, and its affiliates (the "Company" or "Yauzer") offers users access to its website at www.yauzer.com (the "Website") and other features, content and information related to online digital marketing or any other features or information as may be offered from time to time by the Company, including but not limited to, downloadable toolbars, application program interfaces ("APIs"), site profiling services, analytics, blogs, user-generated-content, surveys and opinion polls (the "Service"). Any person who wishes to use the Website and/or the Service must agree to this Yauzer Terms of Use Agreement, which includes the Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference into this Agreement. The Agreement is a binding agreement between you and the Yauzer.
These Terms of Use including the Privacy Policy and all other policies governing the use of the Service and the Website may be modified, changed or altered, at the Company's sole discretion, at any time and without prior notice. However, the Company may publish notices of material changes to this Agreement, such notices shall be posted on the Website before they become effective. You agree that your continued use of the service following any modifications, changes or alterations to this Agreement and after the changes take effect will constitute your acceptance of such modifications, changes or alterations and conclusively demonstrates your acceptance of such modifications, changes or alterations.
Any person who uses the Website and/or the Service, whether Free Service or Paid Service (as those terms are defined below) shall be referred to as a "User". The Company may offer to Users certain free services and allow free access and use of certain components of the Website ("Free Service"). All such Free Services, which may or may not require prior registration to the Website, are provided at Company's sole discretion and may be modified or limited or cancelled at the Company's sole discretion without prior notice. The Company may also offer to Users certain Services, which require registration and payment ("Paid Services"), as shall be indicated with respect to such Paid Services at the Website and/or in the Company's service order form. The Company reserves the right, in its sole discretion, to: (i) cancel unconfirmed or inactive accounts; and/or (ii) to refuse Service to anyone, for any reason, at any time; and/or (iii) temporarily or indefinitely suspend any User from using the Website or the Service.
The following conditions shall apply to all Users:
Your access and use of the Website and Service is expressly conditioned upon your compliance with all the terms of this Agreement, the Yauzer Privacy Policy and any applicable laws. A violation of any of these terms shall immediately revoke your right to use the Website or the Service. The Company, at its sole discretion, may limit any User's use of the Service or Website, including, by way of example, the frequency with which User may access the Service or his ability to post User Generated Content. Yauzer reserves the right to modify or discontinue the Service (or any part or feature thereof) at any time and without notice. You agree that Yauzer shall not be liable to you or to any third party for any damages caused by or in connection with any modification, suspension or discontinuance of the Service.
Any User who acquires and/or uses Paid Services ("Paid Services User") must agree and accept the payment terms presented to him at the time he subscribes to such Paid Services on the Website or by service order form. Any Paid Services User who wishes to discontinue or cancel his Paid Service, must do so, at his sole responsibility, prior to the automatic renewal date (such date, if any, depends on the renewal terms the Paid Services User chose during the subscription process). No further notice of renewal dates shall be given to Users after subscribing to Paid Services. Information regarding User Paid Services and auto renewal of Paid Services is provided in the "Account Settings" page in the Website.
The payment and/or fee for the Paid Services shall be paid in accordance with the payment terms ("Payment Terms") and method of payment ("Payment Method") set forth in the Website's registration process and/or the Company's service order form and/or a specific agreement with a User. Such Payment Method includes international e-commerce services allowing payments and money transfers such as PayPal. Other Payment Method may be available to certain Users, at the Company's sole discretion, if such Payment Method was agreed upon in writing by the Company and the User (to set up such Payment Method please contact the Company by e-mail or telephone). All Users of Paid Services are responsible for ensuring that the Payment Method associated with their account is accurate, valid and up to date and that they have full power and authority to use it for the purpose of paying for the Paid Services. The Company reserves the right, at any time and in its sole discretion, to deny, or refuse, or cancel, any Paid Services of any User. Furthermore, any failure to charge a Payment Method, for any reason, may result in cancellation of the Paid Services and/or the User's account, all at the Company's sole discretion. Any and all payments made in connection with the Paid Services shall be non-refundable whether the User used the Paid Services in whole or in part or have not used them at all.
Users, whether they use Free Services or Paid Services, may cancel their account at any time by contacting customer service via email at service@yauzer.com (Please note that the cancellation shall become effective only after receiving Company's approval). Please note that cancellation does not entitle you to a refund. Users who cancel their account shall continue to have access to the Website and Service until the end of their subscription term.
Information and/or content available on the Website or through the Service is made available for informative purposes only, and the Company does not warrant for its completeness, timeliness or accuracy.
The Company uses commercially reasonable computer security safeguards and protocols to protect its Website, the Service, its databases and servers against misuse, risks of loss, unauthorized access, destruction, inadvertent or improper disclosure of data ("Security Breach"). However, the Company does not assume any responsibility to such a Security Breach, and does not guarantee that, such a Security Breach does not occur. All registered Users, are solely responsible for, and must protect their account and its contents from and against any unauthorized access to their password and/or to their computer(s) and/or networks.
Users are responsible for any content they upload and/or post and/or publish and/or display in the Website or in connection with the Service, including but not limited to any information in any form, data, text, links, articles, software, photographs, graphics, video, audio, music, sound, messages, or any other materials ("User Content"). All User Content must be accurate and truthful. Users may not post content that they know and/or reasonably should know to be false or misleading, libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation. Users agree to comply with all applicable local and international rules and laws regarding User conduct on the Internet and acceptable content. Specifically, Users agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which User resides. The Website may contain, and Services may provide, content, advertisements or links to other websites or resources on the internet which were uploaded and/or posted and/or published and/or displayed by third-party websites, advertisers, and Internet advertising and/or any other third party ("Third Party Content"). The Company does not routinely pre-screen User Content or Third Party Content. The Company shall not be responsible and/or liable for, directly or indirectly, and does not warrant or endorse the accuracy or reliability of, any opinion, advertising, links, products, or other materials, advice, statement, recommendation or any other information posted on the Website or in connection with the Service. Any reliance of a User on any such opinion, advertising, links, products, or other materials, advice, statement, recommendation or any other information shall be at such User sole responsibility and risk. Without limiting the foregoing, the Company retains the right, but not the obligation, to remove, modify, screen, edit and/or delete any User Content at any time at its sole discretion and without any prior notice. Users who upload and/or post and/or publish and/or display Users Content grant the Company and its affiliates a perpetual, nonexclusive, world-wide, royalty-free, irrevocable and fully sub-licensable right and license to store, copy, modify, translate, distribute, reproduce display, publicly perform, publicly display, and otherwise use, in whole or in part, such User Content, and any or all information contained therein, for any purpose whatsoever, including, but not limited to, for benchmarking, research and development, data products, marketing or advertising, in any existing or future media, now known or later developed. Users are not entitled to any compensation for such use.
The Company may offer from time to time new experimental features to the Website and/or the Services ("Beta Services"). Beta Services are considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Services. Users acknowledge and agree that Beta Services are uploaded for testing and development purposes, are untested and incomplete, and may be non-functional, and/or partially functional. Users who chose to use the Beta Services are doing so at their sole risk and responsibility. Notwithstanding the forgoing, the Company specifically disclaims any and all representations and warranties associated with any Beta Services. Any risk in connection with the Beta Services, including but not limited to any harm or damage that may occur to User's software, hardware, and/or data shall be on the User's sole responsibility and all risks and damages, if any shall borne entirely by User.
The Company owns all elements and components of the Website, including, without limitation, all visual interfaces, interactive features, graphics, design, compilation, computer code, products, and software ("Yauzer Content"). Yauzer Content excludes User Generated Content. The Company also owns or has a license to use any and all intellectual property rights, associated with the Yauzer Content, the Website and Service, including, without limitation, all patents, copyrights, designs, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world, which are protected by applicable intellectual and proprietary rights and laws. Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Yauzer Content in whole or in part except as expressly authorized in writing by Yauzer. Yauzer does not grant any express or implied rights in Yauzer Content to Users, and all rights in and to the Website and/or Yauzer's Content are retained and reserved by Yauzer. Moreover, the term Yauzer and anything on the site that identifies or distinguishes Yauzer from other companies, goods or services, are registered or unregistered trademarks of the Company (the "Yauzer Trademarks"). Except as otherwise permitted by law, Users agree not to display or use in any manner the Yauzer Trademarks without the Company's prior written consent.
In any case of copyright infringement, violation of Intellectual Property rights, misuse of User's Generated Content or any similar event, User should notify Yauzer immediately at info@yauzer.com. In such case, Users must provide all of the following in writing: identify the copyrighted work that is claimed to have been infringed; identify the infringing content on the Website or Service that is claimed to be infringing with enough detail so that Yauzer may locate it; provide a statement by the User that he has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by User declaring that the notification is accurate, and, under penalty of perjury, that User is the exclusive owner of the copyright interest involved or that User is authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Yauzer to contact User, including street address, telephone number, and email address.
Yauzer provides the Website and Service "as-is". No expressed or implied warranties, guarantees, or conditions related to the Website or Service are made by Yauzer. Yauzer disclaims any and all implied warranties including, without limitation, the implied warranty of merchantability, fitness for a particular purpose, and non-infringement and including the implied warranties which may arise by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Yauzer does not warrant that the Website or Service will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
Yauzer does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Yauzer or its affiliates be responsible for any loss or damage resulting from User's or any third party's reliance on information or other content posted on the Website or transmitted to or by any Users. Yauzer shall not be liable for any indirect, consequential, special, or incidental damages or lost profits resulting from User's use or access to the Website or Service, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, you specifically acknowledge that Yauzer is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with User. These limitations apply to any matter related to the Website, Service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. This also includes User's inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof) the Website or Service. These limitations also apply even if this remedy does not fully compensate User or any third party for any losses, or fails its essential purpose; or even if Yauzer knew or should have known about the possibility of the damages.
Users shall indemnify and hold Yauzer and its shareholders, affiliates, officers, agents, subsidiaries, partners and employees harmless, from and against any damages, losses, liabilities, claims or demands, (including reasonable attorneys' fees and expenses), made by any third party due to or arising out of (i) any unlawful, unauthorized or misuse of the Website or Service, (ii) violation of these Terms Of Use, (iii) violation of any rights of another including but not limited to another's copyright or other intellectual property right, (iv) User Generated Content submitted, posted, transmitted, or made available through the Service, or (v) User's connection to the Website or Service, including the provision of a link to another site or to contents or other information to the Site.
