TERMS OF USE

AGREEMENT BETWEEN USER AND Yempl.com

The Yempl.com Web Site is comprised of various Web pages .

The Yempl.com Web Site is presented to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. The use of Yempl.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Yempl.com reserves the right to change the terms, conditions, and notices under which the Yempl.com Web Site is presented, including but not limited to the charges associated with the use of the Yempl.com Web Site.

LINKS TO THIRD PARTY SITES

The Yempl.com Web Site may contain links to other Web Sites . The Linked Sites are not under the control of Yempl.com and Yempl.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Yempl.com is not responsible for transmission received from any Linked Site. The links are provided to you only as a convenience.

CONDITIONS GOVERNING ALL USERS

  • The Service is available only to Users who are human (not bots, except for certain authorized API users) and 13 years of age or older, and Users who are also Subscribers must be at least 18 years old.
  • The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
  • The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
  • The Service is available only to those with a valid email address.
  • The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
  • Users agree to inform Yempl immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.
  • Users agree that portions of the Site and Service are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
  • Yempl reserves the right to monitor User communications, and may disclose content and information about Users, including content contained within User communications, if Yempl deems it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure User compliance with this TOU, the Yempl Privacy Policy, and/or the Yempl Community Etiquette; or (3) protect the rights, property, personal safety or interests of Yempl, its employees, customers, or the public.

 

CONDITIONS GOVERNING SUBSCRIBERS

For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as a “Subscriber”. As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site.

Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your Subscription and Billing page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign up process

You are responsible to ensure that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.

Invoiced Subscriptions. Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If the Company has agreed to enter into an invoicing relationship with you, all invoices must be paid within 30 days. You agree that the Company may charge interest of 1.5% per month for past due accounts and that you are liable for attorneys’ fees and reasonable collection costs arising from Company’s efforts to collect on past due amounts.

Cancellation. For security reasons, an email or phone call to the Company is not sufficient to cancel your account or subscription, which you may cancel at any time by selecting the cancel button on your Subscription and Billing page. Cancellation does not entitle you to a refund. You will continue to have access to the Site and Service until the end of your subscription term.

No Refunds. Yempl is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your membership level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.

NO UNLAWFUL OR PROHIBITED USE

You warrant to Yempl.com that you will not use Yempl.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Yempl.com Web Site in any manner which could damage, disable, overburden, or impair the Yempl.com Web Site or interfere with any other party’s use and enjoyment of Yempl.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Yempl.com Web Site.

You agree that when using a Yempl.com Web Site, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Yempl.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Yempl.com Web Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Yempl.com MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Yempl.com Web Site AT ANY TIME. ADVICE RECEIVED VIA THE Yempl.com Web Site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Yempl.com Web Site MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Yempl.com Web Site FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Yempl.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Yempl.com BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Yempl.com Web Site, WITH THE DELAY OR INABILITY TO USE THE Yempl.com Web Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Yempl.com Web Site, OR OTHERWISE ARISING OUT OF THE USE OF THE Yempl.com Web Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Yempl.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Yempl.com Web Site, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Yempl.com Web Site.

TERMINATION/ACCESS RESTRICTION

Yempl.com reserves the right, in its sole discretion, to terminate your access to the Yempl.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Kings County, New York, U.S.A. in all disputes arising out of or relating to the use of the Yempl.com Web Site. Use of the Yempl.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph Yempl.com

performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yempl.com right to comply with governmental, court and law enforcement requests or requirements relating to your use of Yempl.com Web Site or information provided to or gathered Yempl.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Yempl.com with respect to the Yempl.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user Yempl.com with respect to the Yempl.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents will be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.