Yamgo Terms
and Conditions
1. Your
acceptance
By using and/or visiting the Yamgo Website
(collectively, including all Content available through the Yamgo.tv and
Yamgo.mobi and other Yamgo related domain names and websites, for reasons of
simplicity called "Website" in this agreement) you are stating that
you have read and understand and agree to be bound to both these terms and
conditions (the "terms of service"/ “terms of use”/ “terms”) and the
terms and conditions of Yamgo’s privacy notice, which are published at http://www.yamgo.tv/privacy, and which are referred to
in these Terms and Conditions. These Terms and Conditions apply to all users of
the Yamgo Website including users who are also contributors of video content,
information, and other materials or services on the Website. For clarification,
the term “user” also refers to visitors of the website and persons who look at
the website. If you do not agree to be bound by any of these terms, then you must
not use and/or visit the Yamgo Website.
You affirm that you are either more
than 18 years of age or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms and
Conditions, and to abide by and comply with these Terms and Conditions. You
also affirm that you are over the age of 13, as the Yamgo Website is not
intended for children under the age of 13.
2. Links to
other websites
The Yamgo Website may contain links to third-party
websites that are not owned or controlled by Yamgo. When you follow such links
the external website may appear as a full screen (in which case you will need
to use the back button on your browser to return to this website). These links
are provided in order to help you find relevant websites, services and/or
products which may be of interest to you quickly and easily. It is your
responsibility to decide whether any services and/or products available through
any of these websites are suitable for your purposes. YAMGO is not responsible
for the owners or operators of these websites or for any goods or services they
supply or for the content of their websites and does not give or enter into any
conditions, warranties or other terms or representations in relation to any of
these or accept any liability in relation to any of these (including any
liability arising out of any claim that the content of any external website to
which this website includes a link infringes the intellectual property rights
of any third party).
All
information or advice provided as part of this website is intended to be
general in nature and you should not rely on it in connection with the making
of any decision. YAMGO tries to ensure that all information provided as part of
this website is correct at the time of inclusion on the website but does not
guarantee the accuracy of such information. YAMGO is not liable for any action
you may take as a result of relying on such information or advice or for any
loss or damage suffered by you as a result of you taking this action. By using
the Yamgo Website, you expressly indemnify Yamgo from any and all liability
arising from your use of any third-party website.
3. Your
account
In order to access some features of the Yamgo
Website, you will have to create an account. When creating your account, you
must provide accurate, complete and information. You must keep your account
password secure. You must not let anybody else use your account with Yamgo. You
are solely responsible for the activity that occurs on your account, and you
must notify Yamgo immediately of any breach of security or unauthorized use of
your account. Although Yamgo will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of Yamgo or
others due to such unauthorized use. You may never use another's account
without permission.
4. Website
Access
Yamgo reserves the right at any time to charge fees
for access to any part of the Yamgo Website, including but not limited to new
features and content, or the Yamgo Website as a whole. You will not be charged
for access to any Yamgo Website content or service, or to the Yamgo Website as
a whole, unless Yamgo obtains your prior agreement to pay such charges.
However, if you do not consent to such charges, you may not have access to
content or services that Yamgo charges for.
Your use of the website as permitted must be solely
for your personal, non-commercial use, i.e. you must not use any parts of the
website for any commercial solicitation purposes and you must not to solicit, for commercial purposes, any users of the
Website regarding their User Submissions.
You agree to:
·
Access any part of the website; or
·
Print off one copy of any or all of the pages for
your own personal reference.
You agree not to:
·
Copy (whether by printing off onto paper, storing
on disk, downloading or in any other way), distribute (including distributing copies),
broadcast, alter or tamper with, reproduce, duplicate, sell, resell or exploit
for any commercial purposes in any way or otherwise use any material contained
in the website except as set out under "You may". These restrictions
apply in relation to all or part of the material on the website;
·
Remove any copyright, trade mark or other
intellectual property notices contained in the original material from any
material copied or printed off from the website;
·
Link to this website without our express written
consent;
·
Use or launch any automated system, including
without limitation, "spiders," "robots”,"offline
readers," etc., that accesses the Website to send more request messages to
the Yamgo servers in a given period of time than a human being can reasonably
cause in the same given period of time by using a conventional online web
browser;
·
If you wish to provide a hypertext or other link to
this website, please contact the website administrator with details of:
The
URL(s) of the web page(s) from which you are proposing to link to this website
The
URL(s) of the web page(s) on this website to which you are proposing to link
We
have the sole discretion to accept or reject such requests.
Notwithstanding
the foregoing, Yamgo grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. Yamgo reserves the right to revoke these exceptions
either generally or in specific cases.
6.
User Submissions
The Yamgo Website may enable you to submit your
videos or other personal media content to Yamgo for hosting, display, and
distribution to other users of the Yamgo Website (collectively, "Submissions").
By submitting content to the Yamgo website, you grant to Yamgo and Yamgo’s
affiliates, representatives, and assigns an irrevocable, perpetual,
non-exclusive, fully-paid, world-wide, royalty-free license, with the right to
grant sublicenses through multiple tiers of sublicensees, to publicly display,
publicly perform, distribute, store, transcode, syndicate, broadcast,
reproduce, edit, modify, create derivative works, and otherwise use and reuse
your Submissions (or any portions or derivative works thereof) in any manner,
in any medium, for any purpose. For
clarity, you retain all of your ownership rights to your user submissions.
Yamgo reserves the right to display advertisements in connection with your
Submissions and to use your Submissions for advertising and promotional
purposes. Any Submissions may be removed at any time or be refused by Yamgo.
Yamgo is not responsible for any loss, theft or damage of any kind to any
Submissions. Whether or not user Submissions are published, Yamgo does not guarantee
any confidentiality with respect to any submissions.
You represent and warrant that: (a) you own or have
acquired all rights in your Submissions (including, without limitation, all
rights to the audio, video, or digital recording, and the performance contained
in your Submissions) to enable you to grant to Yamgo the rights in your
Submissions described herein; (b) you have paid and will pay in full all
license fees, clearance fees, and other financial obligations, of any kind,
arising from any use or commercial exploitation of your Submissions; (c) you
have obtained the written consent of each and every identifiable individual
pictured and/or heard in your Submissions (including consent from parents or
guardians for any individual under the age of eighteen (18)) who appears and/or
is heard in your Submissions to grant the rights to Yamgo described herein; (d)
you will make such written consents available to Yamgo upon request; and (e)
your Submissions do not infringe the intellectual property rights, privacy,
trade secrets or any other legal or moral rights of any third party. You agree
to keep all records necessary to establish that your Submissions do not violate
any of the foregoing representations and warranties and to make such records
available upon the request of Yamgo.
Regarding User Submissions, you further agree that you will not: (i)
publish falsehoods or misrepresentations that could damage Yamgo or any third
party; (ii) publish material that is unlawful, obscene, pornographic, defamatory,
libelous, hateful, threatening, harassing, racially or ethnically offensive, or
encourages anything that would be considered a criminal offense, give rise to
civil liability, violate any law, violate the
rights, harm, or threaten the safety of any person or is otherwise inappropriate; (iii)
impersonate another person; (iv) post advertisements or solicitations of
business..
You understand and
acknowledge that Yamgo is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to User Submissions.
7.
Intellectual Property
This website contains material including text,
photographs and other images and sound, which are protected by copyright and/or
other intellectual property rights. All copyright and other intellectual
property rights in this material are owned by YAMGO, or have been licensed to
them by the owner(s) of those rights so that it can use this material as part
of this website.
This website
also contains trade marks, including the mark "YAMGO". All trade
marks included on this website belong to YAMGO or have been licensed to it by
the owner(s) of those trade marks for use on this website.
Copyright infringement
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 provide Yamgo's Copyright Agent the
following information:
a. an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
b. a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
c. a
description of where the material that you claim is infringing is located on
the site;
d. your
address, telephone number, and email address;
e. a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
f. a statement
by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Yamgo's Agent
for Notice of claims of copyright or other intellectual property infringement
can be reached as follows:
By mail: Yamgo Ltd, Hedera Rest, Crabtree Corner,
Ipsden,
By email: copyright@yamgo.com
Yamgo may at its discretion remove the content,
and, in appropriate circumstances and at its discretion, close the accounts of
users who may be repeat infringers.
8. Inappropriate content
Yamgo
assumes no responsibility for monitoring the Yamgo Website for inappropriate
Content or conduct. If at any time Yamgo decides, in its sole discretion, to
monitor the Yamgo Website, Yamgo nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content. Yamgo may
remove such Content and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
If you find any content
on Yamgo that you consider dangerous, libellous, offensive, hateful, or
inappropriate in any other way, please contact Yamgo so we can decide whether
we need to remove the content and do so if we deem it necessary. We cannot
guarantee that we will take off content that has been reported but if the
reasons given seem justified to us, we will take the content off.
9. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF
THE YAMGO WEBSITE SHALL BE AT YOUR SOLE RISK. YAMGO, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF TO THE FULLEST EXTENT
PERMITTED BY LAW. YAMGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE YAMGO WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 THE YAMGO WEBSITE. YAMGO DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE YAMGO WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YAMGO WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. (AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
YAMGO, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM (I) YOUR ACCESS TO OR INABILITY TO ACCESS AND USE OF THE YAMGO
WEBSITE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE YAMGO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YAMGO
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
11. Indemnity
You agree to
indemnify and hold Yamgo, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from and against
any and all losses, liabilities, claims, or demands, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
and access to the Yamgo Website in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations and
warranties set forth above and/or if any Content that you post on the Yamgo
Website or through the Yamgo Website causes Yamgo to be liable to another,
provided that this was caused by culpable conduct.
12. Assignment
These Terms of Service, and any rights
and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by Yamgo without restriction.
13. Governing Law and Jurisdiction
The Yamgo Website shall be deemed
solely based in England, United Kingdom. These Terms and Conditions shall be
governed by the laws of England both substantive and procedural. Any claim arising from the use of the Yamgo Website, whether
in contract or tort or otherwise shall be dealt with
by English courts. If you access the website from outside England, you are
responsible for compliance with any applicable local laws.
14.
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 and
disclaimers may not apply to you. To the extent that Yamgo may not, as a matter
of applicable law, disclaim any implied warranty or limit its liabilities, the
scope and duration of such warranty and the extent of Yamgo’s liability shall
be the minimum permitted under such applicable law. If the Yamgo Terms and Conditions are in any
way contradictory to the law in your area of jurisdiction or in any other way
not compatible, please refrain from using this Website.
15. Force Majeure
In these Terms and
Conditions, a 'force majeure' event shall include, without limitation, strikes,
lock-outs or other industrial disputes, nuclear accident, war or terrorist
activity, riot, civil commotion, malicious damage, compliance with any law or
government order, rule, regulation or direction, accident breakdown of plant or
machinery, fire, flood, storm or default of suppliers, and where they are
beyond our reasonable control, any other acts, events, omissions or
accidents.
16.
Amendments
YAMGO may change the terms and conditions and
disclaimer set out above from time to time. By browsing this website you are
accepting that you are bound by the current terms and conditions and disclaimer
and so you should check these each time you revisit the site.
17. Changes
In Operation Of This Website
YAMGO may change the format and content of this
website at any time.
YAMGO
may suspend the operation of this website for support or maintenance work, in
order to update the content or for any other reason.
YAMGO
reserves the right to terminate access to this website at any time and without
notice.
18. Data
Protection
Personal details provided to YAMGO through this
website will only be used in accordance with our Privacy Policy. Please read
this carefully before going on. By providing your personal details to us you
are consenting to its use in accordance with our Privacy Policy.
Terms and Conditions 1 January 2008
