YUNiTI Terms of Service
October 27, 2006
Welcome to YUNiTI.com, an online networking and IM service hosted in the state of California, operated by YUNiTI, a general partnership registered in the state of California. The following terms and conditions (the "Terms of Service") sets forth the legally binding terms of usage.
By using the YUNiTI.com website or the downloadable YUNiTI application (the "YUNiTI Services") you accept and agree to be bound by the Terms of Service, whether you are a "Visitor" (you are simply browsing the YUNiTI.com website) or you are a "Member" (you have registered with YUNiTI.com). The term "User" refers to a Visitor or a Member.
You are only authorized usage of the YUNiTI Services if you abide to this agreement. If you do not agree to these Terms of Service, you should discontinue use of the YUNiTI Services immediately. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
These Terms of Service shall remain in full force and effect while you use the YUNiTI Services or are a member. You may terminate your membership at any time by following the instructions accessible from the menu "Profile > Delete" (or by clicking here) and/or discontinuing use of the YUNiTI Services.
Changes to YUNiTI.com and terms of service
We reserve the right to modify or terminate the YUNiTI.com service for any reason, and without notice, without liability to you, any other User or any third party. We also reserve the right to modify these Terms of Service from time to time with or without notice. Any modification to the Terms of Service is effective upon being posted to the site, and you agree to be bound by the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and registration
You must be 13 years of age or older to register for the YUNiTI Services, or have a parent present if you are under 13 years of age. By registering for the YUNiTI Services, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. If you are under 13 years of age, you represent and warrant that upon registering you have a parent present with you who has the capacity to understand, agree to and comply with these Terms of Service.
In addition, you must provide true, accurate and complete registration information to be a Member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. You also have the responsibility for logging in and changing your password if it has been compromised. YUNiTI is in no way responsible nor accountable for any compromising of your account due to hacking, stealing, phishing, or loss of your password.
We may refuse to grant you a username that impersonate someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion.
Your membership may be terminated at any time if you do not meet the eligibility requirements.
The YUNiTI.com website and the YUNiTI downloadable application are a free service, and all basic services will always be free to all of its members. This does not include any advertising services, premium services that may be launched, or any other new services that YUNiTI may add in the future.
Appropriate conduct and content
You may not use the YUNiTI Services for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio, video, musical works, works of art, works of text, links and other content ("Materials") that you submit, post, and display on the YUNiTI Services.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
Any photos or blogs with adult matter such as nudity, obscene, lewd, excessively violent, or sexually explicit content must be properly marked as an adult photo or blog. Failure to do so may result in the termination of your account.
All personal information such as phone numbers, street addresses, last name, or any other identifying information is by default only viewable to users added to your list of connections. Any change to these default settings, or adding of a person who is not trusted to your list of connections, which results in unsafe and potentially harmful situations are a result of the user, and YUNiTI assumes no responsibility nor liability for any harm that may come from the misuse of privacy settings nor by adding of users to your list of connections that are potentially dangerous or criminals.
YUNiTI reserve the right, at its sole discretion, to reject, refuse to post or remove any posting or private message, to restrict, suspend, terminate access to any or every part of the YUNiTI Services at any time, for any reason, with or without prior notice, and without liability.
Other examples of illegal or unauthorized uses that may result in the termination access include, but are not limited to:
YUNiTI may delete any Materials that in the sole discretion of YUNiTI violate this Terms of Service or are unauthorized. YUNiTI assumes no responsibility for monitoring the YUNiTI Service for unauthorized Materials or conduct, nor any obligation to modify or remove any inappropriate Materials, and no responsibility for the conduct of any User submitting any such Materials. You understand and agree that you use the YUNiTI Services at your own risk.
All Materials posted on the YUNiTI Services, and any other copyrightable or patentable material ("Works") remains in the ownership of the original owner. The owner continues to have all rights to the Works, and is free to publish, use, or misuse the content in any way chosen. If you have posted Works on the YUNiTI Services that are not your own, we reserve the right to take down these Works if requested to by the original owner. If you are the owner of the works you have published on the YUNiTI Services, by accepting this agreement you herby grant YUNiTI a worldwide limited license to use, modify, reproduce, distribute, create derivative works of, publicly perform, publicly display, and distribute such Works solely through the YUNiTI Services. This limited license is simply for the purpose of displaying your content online, and cannot and shall not be used for the purpose of profit. This limited license is non-exclusive, sub-licensable, transferable, royalty-free, perpetual and irrevocable. This limited license terminates at the time your Works are removed form the YUNiTI Services and/or your profile is deleted.
The YUNiTI Services contain proprietary and confidential information that is protected by applicable copyright, trademark, trade secret, intellectual property and other laws. YUNiTI retains and owns all rights to the YUNiTI Services content and user interfaces, hereby granting you a limited, revocable, nonsublicensable license to display, use, or link to the YUNiTI Services. Except as expressly authorized by YUNiTI, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of YUNiTI’s proprietary information.
You represent and warrant that:
It is YUNiTI’s policy to terminate access of any Member who repeatedly infringes the copyrights of others upon receipt of notification from the owner or copyright owner’s legal agent.
Disclaimer of warranties
YUNiTI disclaims any and all responsibility or liability for the correctness, content, completeness, legality, reliability, operability, or availability of any Works posted on the YUNiTI.com website or in connection with the YUNiTI Services, whether caused by Users of the YUNiTI Services or by any of the equipment or programming associated with or utilized in the YUNiTI Services.
YUNiTI takes no responsibility for third party advertisements which are posted on any of the YUNiTI Services, nor does it take any responsibility for the goods or services provided by its advertisers. Under no circumstances shall YUNiTI be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation: Internet failures, computer equipment failures, telecommunication equipment failures, phone line failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances or unrests, shortages of labor or materials, acts of God or Gods, war, fires, floods, storms, explosions, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Under no circumstances shall YUNiTI be responsible for any loss or damage, including personal injury or death, resulting from use of any of the YUNiTI Services, from any Works posted on or through any of the YUNiTI Services, or from the conduct of any Users, online or offline, of the YUNiTI Services. The YUNiTI Services, and all materials, information, products, and services included therein are provided "AS IS" and as available with no warranties whatsoever. YUNiTI expressly disclaims any warranty of fitness for a particular purpose, merchantability, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YUNiTI cannot guarantee and does not promise any specific results from use of any of the YUNiTI Services.
YOU AGREE THAT YOUR USE OF THE YUNiTI Services IS ENTIRELY AT YOUR OWN RISK.
Hold harmless and indemnify
By using any of the YUNiTI Services, you agree to hold harmless and indemnify YUNiTI, its subsidiaries and affiliates, and their perspective officers, agenets, partners and employees, from and against any third party claim arising from or related to your use of the YUNiTI Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, YUNiTI will provide you with written notice of such claim, suit, or action.
Limitation of liability
IN NO EVENT SHALL YUNiTI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE YUNiTI Services, WHETHER OR NOT YUNiTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE YUNiTI Services, FROM INABILITY TO USE THE YUNiTI SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE YUNiTI SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND OT THE FULLEST EXTENT PERMITTED BY THE LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL YUNiTI BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID, IF ANY, BY YOU TO YUNiTI FOR THE YUNiTI Services DURING THE TERM OF MEMBERSHIP.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws or provisions of your actual state or country of residence. If there is any dispute about or involving the YUNiTI Services, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, County of Riverside. Either YUNiTI or you may demand that any dispute between YUNiTI and you about or involving the YUNiTI Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided the foregoing shall not prevent YUNiTI from seeking injunctive relief in a court of competent jurisdiction. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
This agreement is accepted upon your use of the YUNiTI Services an dis further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and YUNiTI regarding the use of the YUNiTI Services. The failure of YUNiTI to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles, paragraph separations, and capitalization in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
If you believe that your work has been copied and/or posted through any YUNiTI Service, please provide us with all of the following:
The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.
To file a counter notification with us, please provide us with all of the information above.