PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY YUSHINO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THE SITE IS AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 13 YEARS OLD.
1. Your Yushino Account and Site. If you create an account on the Site, you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Yushino may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Yushino liability. You must immediately notify Yushino of any unauthorized uses of your username, your password, your account or any other breaches of security. Yushino will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Yushino will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Yushino to minimize such disruption where it is within Yushino's reasonable control. YOU AGREE THAT NEITHER YUSHINO NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.
2. Responsibility of Users. If you post any comments, suggestions or feedback on the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by any means to the Site, including e-mail or Chat or other means (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
You or your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites, or similar unsolicited promotional methods;
your account is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Yushino or otherwise.
Yushino reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Yushino is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of comments to a Circle or any other form). If you believe Content residing on the Site infringes a copyright, please see our Copyright Policy.
By submitting Content to or through Yushino, you grant Yushino a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Yushino and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant Yushino and the Site the rights set forth above. If you delete Content, Yushino will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Yushino has the right (though not the obligation) to, in Yushino's sole discretion (i) refuse or remove any content that, in Yushino's reasonable opinion, violates any Yushino policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Yushino's sole discretion. Yushino will have no obligation to provide a refund of any amounts previously paid.
3. Restrictions. You are responsible for all of your activity in connection with accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Yushino user. You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site, or any processes that run or are activated while you are not logged in.
4. Payment and Renewal.
Optional paid services such as ad-free applications or in-app purchases are available on the Site (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Yushino the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a period or usage as indicated. Upgrade fees are not refundable.
5. Content Posted on Other Sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, applications, services and webpages to which Yushino links, and that link to Yushino. Yushino does not have any control over those non-Yushino websites applications, services and webpages, and is not responsible for their contents or their use. By linking to a non-Yushino website, application, service or webpage, Yushino does not represent or imply that it endorses such website, application, service or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Yushino disclaims any responsibility for any harm resulting from your use of non-Yushino websites, applications, services and webpages.
6. Copyright Infringement and DMCA Policy. As Yushino asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Yushino violates your copyright, you are encouraged to notify Yushino in accordance with Yushino's Digital Millennium Copyright Act ("DMCA") Policy. Yushino will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Yushino will terminate a visitor's access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Yushino or others. In the case of such termination, Yushino will have no obligation to provide a refund of any amounts previously paid to Yushino.
7. Intellectual Property. This Agreement does not transfer from Yushino to you any Yushino or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Yushino. Yushino, the Yushino logo, and all other trademarks, service marks, graphics and logos used in connection with Yushino, or the Site are trademarks or registered trademarks of Yushino or Yushino's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Yushino or third-party trademarks.
8. Advertisements. Yushino reserves the right to display advertisements on the Site unless you have purchased an Ad-free Upgrade.
9. Changes. Yushino reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Yushino may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Yushino may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Yushino account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. Yushino and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Yushino has no special relationship with or fiduciary duty to you. Neither Yushino nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
THE CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, YUSHINO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YUSHINO IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
12. Limitation of Liability. IN NO EVENT WILL YUSHINO, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO YUSHINO UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. YUSHINO SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Indemnification. You agree to indemnify and hold harmless Yushino, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Yushino and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Yushino, or by the posting by Yushino of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Manhattan County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement without Yushino's explicit written permission; Yushino may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.