YakJive.com TSC

Terms and Conditions of Service for YakJive.com

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
YakJive.com (Service), owned and operated by News Community, LLC (Company), is provided to you (Member) under the Terms and Conditions of Service (TCS) for YakJive.com and any operating rules or policies that may be published by the Company. The TCS comprises the entire agreement between Members and the Company and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE SITE CREATION AND REGISTRATION PROCESS, MEMBER INDICATES AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TCS.
DESCRIPTION OF SERVICE
YakJive.com provides Member with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone, cable, and internet service fees associated with such access; and (3) provide their own site content.
MODIFICATIONS TO TERMS OF SERVICE
The Company may change the terms and conditions of the TCS from time to time. Upon major changes in the terms and conditions of the TCS, the Company will notify you by email and by changing the TCS posted at http://www.yakjive.com/terms-and-conditions.html. By continuing to use the service, you agree to be bound by the changes. If you do not wish to agree to the changes, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the TCS will be posted to YakJive at http://www.yakjive.com.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TCS and TCS modifications; and (2) agreement by Member to abide and be bound by the TCS and TCS modifications.
MODIFICATIONS TO SERVICE
The Company reserves the right to modify or discontinue the Service with or without notice to Member. The Company shall not be liable to Member or any third party should the Company exercise TCS right to modify or discontinue the Service.
PRIVACY POLICY
All information entered into YakJive.com by Member is private to Member except to the extent that he or she opts to share that information with other YakJive.com members and/or the public, through YakJive.com or otherwise.
It is the Company's policy to respect the privacy of Members. Therefore, the Company will not disclose to any third party Member's name or contact information. The Company will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on the Company; (2) protect and defend the rights or property of the Company; or (3) act under exigent circumstances to protect the personal safety of TCS members or the public; (4) fix or debug problems with the YakJive.com software or service.
CONTENT
1. CONTENT OWNERSHIP
  Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through YakJive.com or otherwise enters into YakJive.com-related services.
2. CONTENT RESPONSIBILITY
  Third-party refers to any individual, entity, or corporation who is not the Company nor the Member.
  Member acknowledges and agrees that the Company neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing, illegal, or offensive material contained therein. Member accepts full responsibility for and agrees to indemnify the Company against damages arising from any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
  Member acknowledges that the service is for use for personal, group, or corporate content and not for use as "search engine spam," for pass through links to gimmick or spam sites, or for marketing nonexistant, illegal, or misrepresented products. The Company reserves the right to evaluate any products or content posted by the Member and to terminate the Member's use of the Service without notice or recourse if the content is determined to be inappropriate.
3. PROPRIETARY CONTENT
  Member acknowledges that Member has full rights to publish, modify, and display the content on their sites. Member acknowledges that Member has full copyright ownership of any documents, attachments, or photographs posted through the service.
4. VIOLATION OF THIRD-PARTY COPYRIGHT PROPRIETARY CONTENT AGREEMENT
  The Company reserves the right to remove, without notice or recourse by the Member, any content that is discovered to be in violation of a third-party copyright. Repeated violations of third-party copyrights will result in termination of Member's account on the service with no notice or recourse. Third-parties who discover proprietary or copyrighted material displayed through the service should report violations at http://www.yakjive.com.
MEMBER ACCOUNTS
1. COPPA MINIMUM AGE REQUIREMENTS
  In compliance with US federal law, Member acknowledges that Member is older than age twelve (12) at the time of Membership and signup for the Service.
  If you post information about a minor, you acknowledge that you have parental or other guardian rights to do so. Member assumes full responsibility for any violations of US or international law resulting from posting information about minors. The Company will comply fully and willingly with law enforcement to ensure that children and their privacy are protected.
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
  Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the team area of any blog you are a member of, click on your name and then "edit profile"); you may also set up a new account and close an old one at your convenience.
  Member agrees to immediately notify the Company of any unauthorized use of Member's account or any other breach of security known to Member.
3. INVITED CONTRIBUTORS
  Through the Service, Member's have the ability to invite individuals (Contributors) to use the Member's account on the Service. By using the Service, Contributors agree to be bound by the TCS and shall themselves be considered Members. Member assumes full responsibility for the transmissions, activity, abuse, infringement of the TCS, illegal activity, or other actions prohibited by the TCS that are committed by Contributors. Member understands and agrees that violation of the TCS by any Contributor will result in immediate termination of the Service for the Member with no recourse or notice.
  Member acknowledges that the Company is not responsible for damage or loss to a Members content on the Service, misuse, or other inappropriate activity caused or initiated by Contributors to a Member's Service.
DISCLAIMER OF WARRANTIES
Member expressly agrees that use of the service is at Member's sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company makes no warranty that the service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected.
Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at Member's own discretion and risk and that Member will be solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data.
Member understands and agrees that any material and/or data uploaded or otherwise added to the Service is done at Member's own discretion and risk and that the Company is not responsible for any damage to Member's data or loss of data that results from the upload of such material and/or data.
The Company makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by Member from or through the Service shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
The Company shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
NO RESALE OF THE SERVICE
Member agrees not to resell the Service, without the express consent of the Company.
STORAGE AND OTHER LIMITATIONS
The Company assumes no responsibility for the deletion or failure to store information entered into YakJive.com.
At no charge to Member, the Company has set a fixed upper limit of 25Mb (25,000,000 bytes) of data contained in the posts and attachments that Member may store through the Service. The Company reserves the right to charge for or offer for free any additional storage space above that fixed amount.
CONDUCT BY MEMBER AND CONTRIBUTORS
Member and Contributors are solely responsible for the contents of his or her transmissions and transmissions of Contributors through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member and Contributors agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member and Contributors will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member and Contributors agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member and Contributors further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member and Contributors shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
The Company may, at its sole discretion and without notice, immediately terminate Service should Member's or Contributor's conduct fail to conform with these terms and conditions of the TCS.
INDEMNIFICATION
Member and Contributors agree to indemnify and hold the Company, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, Contributors' use of the Service, the violation of this TCS by Member, the violation of this TCS by Contributors, or the infringement by Member, or the infringement by Contributors associated with the Member's account on the Service, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
TERMINATION
Either Member or the Company may terminate the Service with or without cause at any time and effective immediately. The Company shall not be liable to Member or any third party for termination of Service.
Termination shall consist of removing the Member's account information and deleting all content and data associated with the Member's account.
The Service is designed to be actively updated and participated in by the Members. If the Member does not use the service for a period of 90 days of inactivity or more, the Company reserves the right to inactivate the Member's account, preventing the Member from using the Service. In the event that the Company inactivates an account, the Company will notify the Member by email. From the date of notification, the Member shall be given 30 days to indicate by email or an automated mechanism provided by the company that the Member wishes to continue use of the Service and reactivate the Member's account. If the Member does not reactivate the Service, the Member acknowledges that the Company has the right to terminate the Member's Service with no recourse or additional warning.
Should Member object to any terms and conditions of the TCS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's and Contributors' rights to use the Service and Software immediately ceases. Member and Contributors shall have no right and the Company will have no obligation thereafter to forward any unread or unsent messages to Member, or to a Contributor, or any third party.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. The Company may broadcast notices or messages through the Service to inform Member of changes to the TCS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
ADVERTISING
1. NON-COMPANY ADVERTISING
  The Company reserves the right to insert third-party Advertising into the Member's website that is generated through the Service. Member agrees to permit and display such Advertising without interference. Member acknoweledges that the Company has full discretion over the types and placement of Advertisements on the Member's website. Member also understands and agrees that Advertising placed in the Member's website may offer competing or related products to any products that the Member chooses to endorse or discuss through the Service. Tampering with or interfering with third-party advertising constitutes a violation of the TCS and will result in immediate termination of the Member's use of the Service by the Company. Member acknowledges that Member has no claim to any monies generated by the Company through the placement of Advertising on the Member's website or through the use of the Service by the Member.
2. COMPANY LOGOS AND ADVERTISING
  Member understands and agrees that Company logos, statements of advertising for the Company, or other Company advertisements may and shall appear on the Members Service public web site and in correspondence sent through the Service by and to the Member. Member understands that obscuring hiding, defacing, or otherwise obstructing such advertising shall result in immediate termination of the Service for the Member with no notice or recourse.
3. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
  Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. The Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
4. ADVERTISING BY MEMBERS
  Members may put Advertising links or banners in the content of their articles at their discretion as long as the Advertising does not obscure or disrupt Advertising placed by the Company.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by the Company or the Company's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
LAWS
The TCS shall be governed by and construed in accordance with the laws of the state of Colorado, excluding TCS conflict of law provisions.
Member and the Company agree to submit to the exclusive jurisdiction of the courts of the state of Colorado. If any provision(s) of the TCS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The Company's failure to exercise or enforce any right or provision of the TCS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Member and the Company agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TCS are solely used for the convenience of the parties and have no legal or contractual significance.