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1. ACCEPTANCE OF TERMS
Yessy provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Yessy from time to time without notice to you. The most current version of the TOS can always be found at: http://www.yessy.com/terms.html. By using Yessy, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. DESCRIPTION OF SERVICE
Yessy provides an online art selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Yessy, such as service announcements and administrative messages, and that these communications are considered part of Yessy membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance Yessy shall be subject to the TOS. You understand and agree that Yessy is provided "AS-IS" and that Yessy assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to Yessy and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Yessy.
Please be aware that certain areas on Yessy may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Yessy, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Yessy registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yessy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yessy has the right to suspend or terminate your account and refuse any and all current or future use of Yessy (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Yessy registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Yessy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. To avoid being charged the annual membership fee, you are fully responsible for canceling your account before, or on the exact date and time, your free trial expires. To avoid being charged the annual membership renewal fee, you are fully responsible for canceling your account before, or on the exact date and time, your annual membership expires. You are responsible for knowing when your free trial and annual membership expires. When canceling your account, you are required to cancel your account as directed in Section 13. Yessy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Yessy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Yessy does not control the Content posted via Yessy and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Yessy, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yessy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 Yessy.
You agree to not use Yessy to:
You acknowledge that Yessy does not pre-screen Content, but that Yessy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Yessy. Without limiting the foregoing, Yessy and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Yessy or submitted to Yessy.
You acknowledge and agree that Yessy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Yessy, its users and the public.
You understand that the technical processing and transmission of Yessy, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SELLING ON YESSY
If you use Yessy to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older and provide Yessy with a valid credit card or valid U.S. bank account. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide Yessy with a valid tracking number for each shipment you make. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by Yessy, Yessy and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. If a transaction is reversed or charged back for any reason, you agree to promptly reimburse Yessy for the amount of the reversed transaction. You further acknowledge and agree to pay in a timely manner any and all fees.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON YESSY
Yessy does not claim ownership of Content you submit or make available for inclusion on Yessy. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Yessy, you grant Yessy the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of Yessy are those areas that are intended by Yessy to be available to the general public.
You agree to indemnify and hold Yessy, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Yessy, your use of Yessy, your connection to Yessy, your violation of the TOS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yessy may establish general practices and limits concerning use of Yessy, including without limitation the maximum number of days that uploaded Content will be retained by Yessy, the maximum disk space that will be allotted on the Yessy servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Yessy in a given period of time. You agree that Yessy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Yessy. You acknowledge that Yessy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yessy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Yessy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Yessy (or any part thereof) with or without notice. You agree that Yessy shall not be liable to you or to any third party for any modification, suspension or discontinuance of Yessy.
13. TERMINATION AND CANCELLATION
You agree that Yessy, in its sole discretion, may terminate your password, account (or any part thereof) or use of Yessy, and remove and discard any Content within Yessy, for any reason, including, without limitation, for lack of use or if Yessy believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Yessy may also in its sole discretion and at any time discontinue providing Yessy, or any part thereof, with or without notice. You agree that any termination of your access to Yessy under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Yessy may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or Yessy. Further, you agree that Yessy shall not be liable to you or any third-party for any termination of your access to Yessy. To cancel your account, you are required to use the "Cancel" page ( http://www.yessy.com/cancel.html ). Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Yessy, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yessy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Yessy.
Yessy may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yessy has no control over such sites and resources, you acknowledge and agree that Yessy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Yessy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. PROPRIETARY RIGHTS OF YESSY
You acknowledge and agree that Yessy and any necessary software used in connection with Yessy ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Yessy or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yessy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Yessy or the Software, in whole or in part.
Yessy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Yessy. You agree not to access Yessy by any means other than through the interface that is provided by Yessy for use in accessing Yessy.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YESSY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YESSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE YESSY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM YESSY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON YESSY; OR (v) ANY OTHER MATTER RELATING TO YESSY.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. Yessy may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Yessy.
21. TRADEMARK INFORMATION
Yessy is a registered trademark of Yessy, Inc. Without prior permission from Yessy, you agree not to display or use in any manner, the Yessy trademark.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the seller to resolve the issue. You can send a message to the seller by using their Contact page. If you are unable to resolve the issue with the seller, please provide Yessy with the following information:
Notice of copyright or other intellectual property infringement can be sent to Yessy as follows:
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Yessy and govern your use of Yessy, superceding any prior agreements between you and Yessy. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and Yessy shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Yessy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jefferson, Colorado. The failure of Yessy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yessy or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com.
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