Yuntaa™ Terms Of Use
Scope
These terms of use (hereafter referred to as the “Terms”) apply to your use of the
Yuntaa™.com site and of its associated sites (the “Site”). The Terms also apply
to the various services offered on the Yuntaa™.com site (the “Services”). The Services
are more specifically described in art. 3 hereunder.
Acceptance of the Terms and Future Changes
When you complete the registration process or when you use or access the Site, this
implies your acceptance of these Terms. These Terms may be updated from time to
time. You can view the current version of these Terms at any time here. Your continued
use of the Services signifies your acceptance of the current version. If any part
of these Terms or any future changes to these Terms are not acceptable to you, you
should stop to use the Services or to access the Site and you should cancel your
registration
Services
The Services provided consist of online resources for data storage. The Services
are provided through various communication tools: online forums, personalized content
and branded programming, tracking, media client, newsletters... Other tools or other
service features may be added. Some or all of the features of the Services offered
on the Site are presently provided free of charge. Yuntaa™ expressly reserves its
right to start charging for these features in the future following prior notice.
Yuntaa™ reserves the right to change or discontinue, temporarily or permanently,
the Site and the Services at any time without notice. You agree that Yuntaa™ will
not be liable for any modification or discontinuance of the Sites and the Services.
Third Party Services and Hyperlinks
Our Site and Services may allow you to link to, or otherwise use, sites and services,
including email, offered by third-party service providers. Your use of these third-party
services is subject to the terms of these third-party service providers. We have
no control over any third-party site or service and we are not responsible for the
contents thereof. You will need to make your own independent judgment regarding
your interaction with these third-party sites or services. Our inclusion of advertisements
for, or links to, a third-party site or service does not constitute an endorsement.
Data Protection and Privacy
Yuntaa keeps a record of your personal data received by us at the time of your registration.
Yuntaa™ will use these data exclusively for the provisioning of the Service and,
from time to time, to keep you informed of our products and services. Yuntaa™ takes
all means to ensure we comply with the data protection legislation. We will not
transfer your e-mail address or personal information to a third-party at any time.
You will always have the right to review and, if appropriate, to correct your personal
data.
Warranties
We will make reasonable efforts to provide the Services using state-of-the-art technology
and infrastructure. The Services are however provided “AS IS”. It is therefore your
responsibility to verify that the Services meet your requirements by reviewing the
information available on the Yuntaa™.com site. This information may be not complete
and, to the extent that the information is derived from information provided by
our suppliers, can not be guaranteed to be correct. Whenever you intend to use the
Services for professional or critical applications, even if personal or private,
you should specifically investigate their fitness for the intended use.
Except for the warranties expressly given in this art. 6, Yuntaa™ expressly disclaims
all warranties of any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability and fitness for a particular purpose.
More specifically, but without limitation, Yuntaa™ makes no warranty that:
a. the Services will be uninterrupted, timely, secure, or error-free
b. the results that may be obtained from the use of the Service will be accurate
or reliable
c. any errors in the software will be corrected
d. any material downloaded or otherwise obtained through the use of the Yuntaa™.com
site or of the Services will be of good quality or safe
Users’ Content
All user posted content will remain the property of the user or of the third party
from or through which the content originates and Yuntaa™ will not claim any right
or title to the content on the ground that the content has been posted or made available
on the Yuntaa™ Site or Services. You agree to use the Services only to post information
and to send and receive data and material that are proper. By way of example, and
without limitation, you agree that when using the Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as
rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, defamatory,
infringing, obscene, indecent or unlawful material or information
- Upload files that contain software or other material protected by intellectual property
laws (or by privacy rights) unless you own the rights or have received all necessary
consents
- Upload files, post or publish content that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of another's
computer
- Advertise or offer to sell any goods or services for any commercial purpose
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Download any file posted by another user that you know, or reasonably should know,
cannot be legally distributed in such manner
- Restrict or inhibit any other user from using and enjoying the Services
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded
- Incite any racism or hatred
Yuntaa™ does not endorse the content of any user and is not responsible or liable
for any such content, even though it may be improper as explained above. You acknowledge
that Yuntaa™ does not pre-screen any user posted content, but that Yuntaa™ and its
designees will have the right (but not the obligation) in their sole discretion
to refuse, edit, move or remove any content that is publicly available via the Site
or the Service and that could reasonably be deemed to be improper. User is defined
as any person who visits the Yuntaa™ Site and receives information or uses the Services
Yuntaa™ customers are prohibited from using the Yuntaa™ Site and Services at any
time for activities that are illegal, or that are inappropriate or offensive to
the public
On any such violation of these Terms by you, Yuntaa™ will have the right to immediately
cancel your account and you will forfeit all rights to any refund, if applicable
Limitation of Liability
Yuntaa™ will not be liable to you for any, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Yuntaa™ has been advised
of the possibility of such damages).
If, notwithstanding the other provisions of this Agreement, Yuntaa™ is found to
be liable to you for any damage or loss which arises out of or is in any way connected
to your use of the Site or of the Services, Yuntaa’s™ liability shall in no event
exceed the greater of the total of any subscription or similar fees with respect
to any Service or feature of or on the Sites paid in the six months prior to the
date of the initial claim made against Yuntaa™, or €100.00. This limitation of Yuntaa’s
liability will not apply each time Yuntaa expressly offers a warranty sanctioned
with a higher liability limit. In such case such higher liability limitation will
apply but only for the specific warranty concerned.
Indemnification
You agree to protect and fully compensate Yuntaa™ from any and all third-party claims,
liability, damages, expenses and costs (including, but not limited to, reasonable
attorneys fees) arising from your use of the Site or Services, your violation of
these Terms or your infringement, or the infringement by any other user of your
account, of any intellectual property or other right of anyone
Use Restriction
The material on the Yuntaa™ Site and Services is for your private, non-commercial
use only. Any other use is strictly prohibited. Yuntaa™ spends a great deal of time
and money to obtain the information appearing on its site. You agree that you will
not copy, publish, or in any way make available publicly any news, pictures, interviews,
features, or any other information from the Site or the Services, without express
written permission from Yuntaa™. You agree that if you do so, Yuntaa™ reserves the
right to cancel your subscription immediately without refund. Additionally, reuse
of copyrighted information (pictures, interviews, features, videos, audio, etc.)
will be prosecuted to the fullest extent permitted by law
You should not have any expectation of privacy relative to your communications made
using the Services. Always use caution when giving out any personally identifying
information. The posting of information, content and pictures by you on the shared
or public pages is at your own risk.
You can report data storage abuse to us directly via Contact Us or via Photo Manager
and Photo Pools.
Subscriber Information
You agree to provide true, accurate, current and complete information about yourself
as prompted by the Service registration process. Once you subscribe to the Service,
you will have an account and a password. You are solely and entirely responsible
for maintaining the confidentiality of your password. Furthermore, you are solely
and entirely responsible for any and all activities that occur under your account.
You must promptly inform Yuntaa™ of any of the following: changes in the expiration
date of any credit card used in connection with the Service; changes in home or
billing address; and apparent breaches of security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. Until Yuntaa™ is notified by e-mail of a
breach in security, you will remain liable for any unauthorized use
Further Information
Yuntaa™ rights may not be waived unless Yuntaa™ agrees to such change in writing.
This agreement is personal to you and you may assign this agreement only with Yuntaa’s™
prior written approval. Any other attempt to assign, transfer or delegate this agreement
shall be null and void. Any notices related to this agreement need to be given in
writing to one another at our address below, or any new address that is given in
such a notice.
Notices by Yuntaa™ to subscribers may be given by means of electronic messages or
by a general posting on the Sites or Services.
The Agreement
These Terms are governed by the laws of Belgium without regard to their conflict
of law provisions. You hereby consent to the jurisdiction of the Brussels courts
for all disputes arising out of or relating to the Service. In addition, you hereby
consent to the exclusive jurisdiction of such courts for any action commenced by
you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction
that does not give effect to these choice of law- and forum provisions. If any part
of these Terms is determined to be invalid or unenforceable 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 Terms shall continue in effect. These Terms constitute the entire agreement
between you and Yuntaa™ with respect to the Service and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you and
Yuntaa™ with respect to the Service. A printed version of this agreement and 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.
The parties have agreed that this Agreement shall be written in English.
Direct questions or notices to Yuntaa™ as follows:
By mail to: