Last updated on 04/11/2008.
Thank you for using Yokway. This Terms of Services Statement (the "Terms") sets forth the standards of use of the services ("Services") offered by Yokway (the "Site", "Yokway", "Yokway.com", "We") for registered members ("You", the "User", the "Contributor"). By accessing the Yokway website you agree and acknowledge to be bound by these Terms. If you do not agree to these Terms, please do not access the Site or use the Services. Yokway reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
Yokway grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Yokway reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
You are solely responsible for your use of the Site and Services. Because of the nature of the services offered, Yokway hosts a variety of user-posted or user-generated content which does not represent the advice, views, opinions or beliefs of Yokway, and Yokway makes no claim of accuracy of any user-posted material.
When you open an account you will also choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account information. You are also entirely responsible for any and all activities that occur under your account and you agree to notify Yokway immediately of any unauthorized use of your account. Yokway will not be liable for any loss that you may incur as a result of someone else using your account or password. Yokway is not intended for those under 13 years of age. If you are under 13 years of age, you may use Yokway only with the involvement of a parent or guardian.
You agree that you will not use the Site or the Services for any purpose that is unlawful or prohibited by these Terms, and you will not use the Services in a manner that could damage, disable, overburden, or impair any Yokway server, the network(s) connected to any Yokway server, or interfere with any third party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any Services or other users accounts by hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Yokway has no obligation to monitor any communications made via the Site or the Services, however, Yokway reserves the right to review materials posted and to remove any materials in its sole discretion. Yokway also reserves the right to terminate your access to any or all of the Services (including but not limited to terminating or suspending your account and deactivating your user name and password) at any time, without notice, for any reason whatsoever. Upon such termination, suspension or deactivation, any information you have stored may not be retrieved later.
Yokway does not claim ownership of the materials you provide to Yokway (including feedback and suggestions) or post, upload or submit via the Service (each a "Submission"). However, by posting, uploading, providing or submitting any Submission you are granting Yokway permission to use your Submission in any manner compatible with our Privacy Policy, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any third party. No compensation will be paid with respect to the use of your Submission by Yokway or any third party. Yokway is under no obligation to post or use any Submission you may provide and Yokway may remove any Submission at any time in its sole discretion.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload or submit the Submissions.
In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that (a) you are the copyright owner of any applicable materials contained in such Submission, or that the copyright owner has granted you permission to use their content, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.
Yokway reserves the right to remove content and/or accounts which post inappropriate material to the public facets of the site (including any Post with a permission of "everyone").
This includes:
Yokway, the Yokway logo and the Yokway design are trademarks or trade dress of Yokway, and may not be used without express written permission from Yokway, other than for attribution. All other trademarks not owned by Yokway that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yokway.
Yokway-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of Yokway and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Yokway-originated content is permitted without written permission from Yokway.
Links to 3rd party web sites are found on Yokway.com because they are shared by users, or because they are placed there as an advertisement or for any other reason. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Yokway. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
YOKWAY PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOKWAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use . UNDER NO CIRCUMSTANCES SHALL YOKWAY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGESOF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TOUSE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT YOKWAY HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH YOKWAY SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Yokway and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Yokway and you.
You agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Yokway. Any dispute relating your use of the Site or the Services shall be submitted to confidential arbitration in San Francisco, California, except that Yokway may seek injunctive or other relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts, to the extent you have violated or threatened to violate Yokway intellectual property rights. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
These Terms supersede any previous agreement and represent the entire agreement between Yokway and you. These Terms are governed by the laws of the State of New York without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Yokway in English at legal@yokway.com.