By using YoloGadget.com (the “Site”), including by simply viewing content on the “Site”, you are agreeing that you, and each person you allow to access these Site through your account, will abide by the terms of the following User Agreement, which is summarized here, and set forth in its entirety below.
Definition of “User” or “You”: means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
This User Agreement is between you and Site, (“We” or the “Company”), and it governs your access to and use of the services, websites, and applications offered by us (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this agreement.
We do our best to protect your personal information, and store it only as long as necessary. We do reserve the right to reveal your personal information if the law requires us to.
We respect the intellectual property rights of others and expect users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary.
Warranty, Disclaimer, Limitations of Liability, and Waivers
These are exceptions the lawyers make us include to ensure that we are not at risk for significant liabilities. Since we are offering the Service free of charge, we hope you’ll understand.
Whenever we make any updates to these Terms, we will update them here and do our best to communicate any material changes to our users.
“Company” or “We” shall mean each of YoloGadget.com, and/or any of their affiliates, individually and collectively, doing business.
“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.
“Service” or “Services” shall mean any of the Internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.
“User Contributed Content” or “Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.
1. Using Site, User Conduct, and Your Content
Eligibility: You may use our Services only if you can form a binding contract with us in compliance with the Agreement. In order to become a “Registered User” (by creating an account), The Site requires an individual to be at least eighteen (18) years old and not have a previous account terminated by the Site or otherwise have had his or her access to the Services terminated by us . It is a violation of the Agreement to provide false or misleading information to Site in connection with the creation of an account. If you would like to report an account registered for a minor, please email to the Grievance Officer
User Responsibilities: You are solely responsible for your use of our Service, for any Content you submit to us, any interactions with other users on the said Site, and for any consequences thereof. Content you submit will be viewable by other users of the Service and through third party services and websites.
You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. Unless provided otherwise under a separate agreement with us, you agree to abide by the Content Guidelines located here: Content Guidelines.
The Site reserves the right, but is not obligated, to reject and/or remove any Content that Site in its sole discretion, including, but not limited to, violations of these Terms or Content Guidelines. The Site reserves the right, but has no obligation, to monitor disputes between you and other users. The Site shall have no liability for your interactions with other users, or for any user’s action or inaction.
User Conduct: In exchange for your being able to use the Services, you agree to be bound by the following obligations:
2. Information Sharing
The Site has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Under our security practices and policies, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.
Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.
Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your registered account to authenticate to a third-party website or application, or visit a third-party website that includes the Site button or widget. The Site uses Log Data to provide our Services and to measure, customize, and improve them.
The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message or other content posted by you or where such information is otherwise relevant. The Company may log all internet protocol addresses accessing the Services and other information about users’ access, and maintain backup copies of content indefinitely.
As part of the Service, we may include advertisements and/or content provided by the Site and/or a third party, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by the Site on the Service are subject to change. In consideration for the Site granting you access to and use of the Service, you agree that Site and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
4. Third-Party Links Disclaimer
5. Copyright Policy
The Site receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Service, we reserve to right to remove the material.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
7. Warranty, Disclaimer, and Limitations of Liability
Your access to and use of the Service or any Content is at your own risk.
SERVICES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, KINJA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
The Site makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. YoloGadget.com also makes no representations or warranties of any kind with respect to Content; user Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from Kinja or through the Service, will create any warranty not expressly made herein.
Release From Liability: You release, to the fullest extent permitted by law, Company and, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) Disputes between users, including those between you and other users; (ii) Third party sites and services, including Content found on such sites and services; (iii) Disputes concerning any use of or action taken using your account by you or a third party; (iv) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized use or alteration of such communications or your Content.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
8. Waiver, Severability & Entire Agreement
Waiver: The failure of Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
9. Statute of Limitations.
10. Notification of Changes to Terms of Service.
Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the service, you agree and accept the changes and agree to the Terms.
11. Comments, Feedback, Suggestions, Ideas, And Other Submissions.
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All feedback, suggestions, ideas regarding the Service, and other similar submissions (“Ideas”) disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
12. Effective Date.
This statement of the Terms of Service is effective October 01, 2015 and as updated by us from time to time subject to the notice language contained in the Terms.