As used in this Agreement, «we» and «us» means Yak Network or any successor of Yak Network.
“Account” refers to a specific set of log in credentials and all the information associated with it.
“Content” means all text, graphics, user interfaces, trademarks, logos, sounds, music, artwork and computer code contained on Yak Network’s website and services.
PRIVACY OF INFORMATION
“Personal Information” means all information about an identifiable individual.
Yak Network may collect personal information from you in order to create your online profile. Yak Network will not use or disclose your personal information for purposes other than those described in this policy.
Yak Network may also use third-party companies to provide various optional services when you use this website. If you use those services, the IP address of the computer you are using to access the website may be disclosed to those third-party companies, and we may use attributes that you provide in your public profile to display relevant services to you. Yak Network is not responsible for the privacy practices of these third-party companies or any other external websites linked from/to our website.
This Agreement constitutes your agreement with Yak Network with respect to your use of Yak Network’s website and services. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain a user of Yak Network’s website and services. You are granted a limited, non-sublicensable license to access and use Yak Network’s website and services, subject to the terms and conditions of this agreement. This license is revocable at any time by Yak Network.
UNLESS EXPLICITLY STATED HEREIN, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CONFERRING ANY LICENSE TO INTELLECTUAL PROPERTY RIGHTS, WHETHER BY ESTOPPEL, IMPLICATION OR OTHERWISE.
By using Yak Network’s website and services you acknowledge that:
- Yak Network cannot ensure the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties;
- Yak Network is not responsible for, and cannot control, the use by others of any information which you provide to them and you should be cautious in selecting the personal information you provide to others through Yak Network’s website and services; and
- We cannot guarantee, nor assume any responsibility for verifying, the accuracy of the information provided by other users of Yak Network’s website and services.
CONDUCT; RESTRICTIONS AND PROHIBITIONS
You agree to use Yak Network’s website and services in accordance with the following:
- You will keep all information provided to you through Yak Network’s website and services as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
- You will not use Yak Network’s website and services to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain abusive or defamatory statements, or obscene, offensive or otherwise objectionable language;
- You will not use Yak Network’s website and services to infringe the privacy rights, property rights, or any other rights of any person;
- You will not submit any kind of material or information that is fraudulent or otherwise unlawful or violates any law;
- You will not use Yak Network’s website and services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- You will not use Yak Network’s website and services e to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to Yak Network’s website and services or to other members’ systems in any way;
- You will not post or transmit in any manner any contact information including, but not limited to, email addresses, «instant messenger» nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information;
- You shall not have an Account or use Yak Network’s website and services if you have been previously removed by Yak Network staff or moderators;
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
- You shall not use your Account to engage in any illegal conduct;
- You shall not allow anyone other than the original Account creator gain access to Yak Network’s website and services using the Account; and
- You shall accept full responsibility for any unauthorized use of Yak Network’s website and services by third parties in connection with your Account.
REMEDIES; INJUNCTIVE RELIEF
If we do not insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Yak Network irreparable damage for which recovery of money damages would be inadequate and that Yak Network may seek injunctive relief to protect its rights under this agreement in addition to any and all other remedies available at law or in equity.
PERSONAL RESPONSIBILITY; LIABILITY
You will be solely responsible for anything and everything you submit to Yak Network’s website and services. We cannot assume any responsibility or liability over any material or content published by you or other users on Yak Network’s website and services. The responsibility over any published material or content lies solely on the user that submitted it to Yak Network’s website and services. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Yak Network through Yak Network’s website and services or to other users including, without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information. Yak Network does not control, take responsibility for or assume liability for any user content posted by you or any third party, or for any loss or damage thereto, nor is Yak Network liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
We reserve the right to monitor anything and everything submitted by you to Yak Network’s website and services to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
While we do not and cannot review every message or other material posted or sent by users of Yak Network’s website and services, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the CONDUCT; RESTRICTIONS AND PROHIBITIONS provisions set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to Yak Network’s website and services or users of Yak Network’s website and services.
We may, in our sole discretion, terminate or suspend your access to all or part of Yak Network’s website and services at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Yak Network’s website and services by others may be grounds for termination of your access to all or part of Yak Network’s website and services at our sole discretion, and you may be referred to appropriate law enforcement agencies.
OWNERSHIP OF USER CONTENT
Yak Network owns, has licensed, or otherwise has rights to use all of the content that appears in Yak Network’s website and services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in Yak Network’s website and services.
VIRUSES, HACKING AND OTHER OFFENSES
Yak Network makes every effort to ensure that this website is free from viruses and defects. However, it is your responsibility to ensure that the right equipment is available to you in order to use the website and screen out anything that may damage it. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Yak Network’s website or downloading of any Content posted on it, or on any website linked to it.
You will not misuse Yak Network’s website and services by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or harmful. You agree not to attempt to gain unauthorized access to Yak Network’s website and services, the server on which Yak Network’s website is stored or any server, computer or database connected to Yak Network’s website and services. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Yak Network’s website and services will cease immediately.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE YAKNETWORK’S WEBSITE AND SERVICES AT YOUR OWN RISK. YAK NETWORK’S SERVICES ARE PROVIDED ON AN «AS IS» BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU ACKNOWLEDGE THAT USE OF YAK NETWORK’S WEBSITE AND SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH YAK NETWORK’S WEBSITE AND SERVICES BY YAK NETWORK, OUR PARTNERS OR ANY USER OF YAK NETWORK’S WEBSITE AND SERVICES OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF YAK NETWORK’S WEBSITE AND SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT AND ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL YAK NETWORK, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY YAK NETWORK AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE YAK NETWORK’S WEBSITE AND SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF YAKNETWORK.COM WEBSITE AND SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER YAK NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for making all the necessary arrangements to ensure you can access Yak Network’s website and services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). Yak Network shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Yak Network’s website and services through mobile services or any similar service currently known or developed in the future.
By accessing Yak Network’s website and services or agreeing to receive messages or notifications from Yak Network through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. Yak Network shall not under any circumstances be liable for such charges.
You hereby agree to indemnify, defend and hold harmless Yak Network and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the «Indemnified Parties») from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You also agree to indemnify and hold the Indemnified Parties harmless from any loss, damage, liability or expense you incur or sustain arising out of your use of Yak Network’s website and services except for liability for any acts or omissions of Yak Network which involve willful or intentional misconduct, fraud or knowing violation of law. You shall cooperate as fully as reasonably required in the defense of any such claim. Yak Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
VOID WHERE PROHIBITED
Yak Network administers and operates the www.YakNetwork.com website from various locations inside and outside the United States. Although the website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Yak Network’s website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Yak Network reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the website is void where prohibited. If you choose to access the website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If you wish to report any violation of this Agreement by others, you may do so by contacting us at firstname.lastname@example.org, outlining the abuse and or complaint.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Yak Network’s website and services, or of any Yak Network related products and services. We reserve the right to disclose information about your usage of Yak Network’s website and services and demographics in forms that do not reveal your personal identity.
ADDITIONAL PROVISIONS AND TERMS
This Agreement represents the entire agreement between you and Yak Network regarding the use of our website and services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the State of Illinois, United States of America. As a condition of using Yak Network’s website and services, each user agrees that any and all disputes and causes of action arising out of or connected with Yak Network’s website and services, shall be resolved through arbitration, with such arbitration to be held in Chicago, Illinois, United States of America.
Additionally, except where prohibited by law, as a condition of using Yak Network’s website and services, you agree that any and all disputes and causes of action arising out of or connected to our website and services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of YakNetwork.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Yak Network. Yak Network may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
Updated by Yak Network, LLC on May 2, 2018