TERMS OF SERVICE
January 2013
This Service is provided by Yuiphone on an “AS IS” and “AS AVAILABLE” basis and Yuiphone reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Yuiphone is and will not be liable to you for any modification, suspension or discontinuance of the Service.
1. Privacy
Yuiphone has a firm commitment to safeguarding your privacy.
2. Trademarks
All brand, product and service names used in this Service which identify Yuiphone or third parties and their products and services are proprietary marks of Yuiphone and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Yuiphone or any third party with respect to any such image, logo or name.
3. Copyright
Yuiphone is (unless otherwise stated) the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Yuiphone are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Yuiphone or the appropriate owner of copyright in such works. Yuiphone does not claim ownership rights in your works or other materials posted by you to Yuiphone (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
4. External Links
Yuiphone may provide links to third-party websites or resources. You acknowledge and agree that Yuiphone is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Yuiphone of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5. Third Party Software
As a convenience, yuiphone may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall Yuiphone be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
6. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Yuiphone that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Yuiphone does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Yuiphone, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
7. Disclaimer of Warranty and Limitation of Liability
YUIPHONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
8. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. Terms are posted on the website and will contain a last updated date. It is your responsibility to review the Terms. No notification is sent when Terms are changed.
9. Registration Age
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service.
10. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Yuiphone of any unauthorized use of your password.
11. Copyright in Your Content
Yuiphone does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Yuiphone a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Yuiphone any use by a third party of your Content could violate Terms and Conditions unless the third party receives permission from you by license.
12. Monitoring Content
Yuiphone has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
13. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree NOT to use the Service:
1). for any unlawful purposes;
2). to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3). to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, Yuiphone or to facilitate the unlawful distribution of copyrighted content or illegal content;
4). to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
5). to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6). to upload, post, or otherwise transmit any material which is likely to cause harm to Yuiphone or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
7). for any commercial purpose, except as expressly permitted under these Terms;
8). to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Yuiphone by hyperlink and not to compete with Yuiphone.
14. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Yuiphone. No other commercial activities are permitted on or through the Service without Yuiphone’s written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member.
15. Suspension and Termination of Access and Membership
You agree that Yuiphone may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Yuiphone, in Yuiphone’s sole discretion, if you fail to comply with the Terms or applicable law.
