Eligibility and Assent to Terms
Welcome to YouKioke! The following Terms of Service for the YouKioske.com website and related services, applications, press, editorials, domains and networks offered by YouKioske (“YouKioske Service”) is a legal contract between you, either an individual of at least 18 years of age or a single entity (“You” or, collectively, “Users”), and YouKioske regarding your use of the YouKioske Service. The YouKioske Service is not available to persons under the age of 18 or to any users previously suspended or removed from the YouKioske Service by YouKioske.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE YOUKIOSKE SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH YOUKIOSKE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION).
BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE YOUKIOSKE SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE YOUKIOSKE SERVICE.
Modification
At its sole discretion, YouKioske reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the YouKioske Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the YouKioske Service.
Individual Features and Services
When using the YouKioske Service, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
User Accounts
When you use the YouKioske Service to upload and/or download or purchase content or any products, services, or information from YouKioske, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to YouKioske on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify YouKioske. You may be liable for the losses incurred by YouKioske or others due to any unauthorized use of your YouKioske Service account.
Digital Millennium Copyright Act (DMCA)
It is YouKioske's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to YouKioske's DMCA Notification Guidelines. YouKioske will promptly terminate without notice any User's access to the YouKioske Service if that User is determined by YouKioske to be a “repeat infringer.” A repeat infringer is a User who has been notified by YouKioske of infringing activity violations more than twice and/or who has had an Uploader Submission or any other user-submitted content removed from the YouKioske Service more than twice. “Uploader Submission” as used herein means the upload and distribution of authorized digital content by a User of the YouKioske Service.
Permission to Use YouKioske Service
Subject to your compliance with the terms and conditions set out in this Terms of Service, YouKioske hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the YouKioske Service to (i) view, use and access “Uploader Submissions or Exhibition content, (ii) to view, use, and access any other content from the YouKioske Service; and (iii) to participate in any other programs, services, or features of the YouKioske Service now or hereafter made available by YouKioske.
Use of the YouKioske Service is for personal, non-commercial use only, except (i) organizations that are commercial entities may use the YouKioske Service in the manner to make their Uploader Submissions or Exhibition content available on the YouKioske Service as contemplated herein; (ii) commercial entities may use, or license their use of the YouKioske Service to third parties, provided that such commercial entity participates in the symbiotic nature of the YouKioske Service by contributing its own Uploader Submissions or Exhibition content from time to time; and (iii) Users may participate in any programs now or hereafter provided by YouKioske to permit the sale of copies, licensing or advertising opportunities for Commercial Content in accordance with YouKioske’s applicable Guidelines for such programs as communicated from time to time. As used herein, the term “Commercial Content” means any Uploader Submissions or Exhibition content or other content made available by Users or third-party content providers for a user fee or for other financial remuneration.
You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses the YouKioske Service in a manner that sends more request messages to the YouKioske Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the YouKioske Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the YouKioske Site. YouKioske reserves all rights not expressly granted in this Terms of Service. You acknowledge that YouKioske may automatically issue upgraded versions of the software and systems comprising the YouKioske Service and, accordingly, may upgrade the version of the YouKioske Service that you are using. YouKioske reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the YouKioske Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Uploader Submissions or Exhibition Content
The following license includes the right for YouKioske to convert your Uploader Submissions or Exhibition content to YouKioske’s proprietary format, or such other file formats as may be used by YouKioske, and to display and make your User Submissions available, in whole or in part, on the YouKioske Service in association with other User Submissions, content and advertising that may appear on the YouKioske Service. Subject to the license grant to other YouKioske Service users below, the following license granted by you terminates as to a specific Uploader Submission once you remove or delete such Uploader Submission from the YouKioske Service. By distributing or disseminating Uploader Submissions or Exhibition content through the YouKioske Service, you hereby grant to YouKioske a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your Uploader Submissions or Exhibition content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Uploader Submissions or Exhibition content through the YouKioske Service.
Users may have the option of specifying terms under which Uploader Submissions or Exhibition content are licensed. YouKioske may implement a feature into the YouKioske Service which Users have “Privacy Lock” options to specify terms of which each Uploader Submission is licensed: 1) “Public” under which any User of the YouKioske Service can use and access a User’s Uploader Submission; 2) “Protected” under which only those friends selected and authorized by each User may use and access a User’s Uploader Submission; and 3) “Private” under which only the User contributing the Uploader Submission may use and access such Uploader Submission. If you specified terms under which your Uploader Submissions or Exhibition content are licensed, by distributing or disseminating Uploader Submissions or Exhibition content through the YouKioske Service, you hereby grant to each User that is authorized to access your Uploader Submissions or Exhibition content a non-exclusive license to access and use your Uploader Submissions or Exhibition content under the terms selected by you. If you did not specify terms under which your Uploader Submissions or Exhibition content are released or opt out of any licenses automatically granted to Users of the YouKioske Service, you hereby grant to each User that is authorized to access your Uploader Submissions or Exhibition content a limited, non-exclusive, personal license to access and use such Uploader Submission in the manner contemplated by these Terms and the YouKioske Service, including without limitation, the right to remix, clip, add or delete your Uploader Submission, in whole or in part, as part of any personalized User digital scrapbook or other customized digital presentation or file format, and including the right to view, print and download the foregoing for such User’s personal, non-commercial use. The foregoing license granted by you is modified to reflect your preferences, or terminated, as to a specific Uploader Submission once you modify the Privacy Lock or any other such options pertaining such Uploader Submission, or remove or delete such Uploader Submission from the YouKioske Service. The foregoing is subject to the rights of Users who have downloaded any Uploader Submission to retain such downloaded or printed copy or copies. Such User will retain any rights originally granted upon the download of the Uploader Submission.
By uploading and publishing your Uploader Submissions or Exhibition content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize YouKioske and YouKioske's Users to use and distribute your Uploader Submissions or Exhibition content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by YouKioske and this Terms of Service; (2) your Uploader Submissions or Exhibition content do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Uploader Submissions or Exhibition content do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the YouKioske Service. Violators of these third-party rights may be subject to criminal and civil liability. YouKioske reserves all rights and remedies against any Users who violate this Terms of Service.
Further, you understand that when using the YouKioske Service you will be exposed to Uploader Submissions or Exhibition content from a variety of sources, and that YouKioske is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Uploader Submissions or Exhibition content. You further understand and acknowledge that you may be exposed to Uploader Submissions or Exhibition content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouKioske with respect thereto. YouKioske does not endorse any Uploader Submissions or Exhibition content or any opinion, recommendation or advice expressed therein, and YouKioske expressly disclaims any and all liability in connection with Uploader Submissions or Exhibition content. If notified by a User or a content owner of an Uploader Submission that allegedly does not conform to this Terms of Service, YouKioske may investigate the allegation and determine in its sole discretion whether to remove the Uploader Submission, which it reserves the right to do at any time and without notice. For clarity, YouKioske does not permit copyright infringing activities on the YouKioske Service.
Prohibited Conduct YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:
i) use the YouKioske Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the YouKioske Service as such services are offered by YouKioske;
(ii) delete the copyright or other proprietary rights on the YouKioske Service or Uploader Submissions or Exhibition content;
(iii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the YouKioske Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(iv) use the YouKioske Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate Uploader Submissions or Exhibition content or other content;
(v) defame, harass, abuse, threaten or defraud Users of the YouKioske Service, or post, upload, or distribute any Uploader Submissions or Exhibition content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the YouKioske Service for any commercial use, it being understood that the content available on the YouKioske Service is for personal, non-commercial use only;
(vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
(vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the YouKioske Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the YouKioske Service, or perform any other similar fraudulent activity;
(viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the YouKioske Service or Uploader Submissions or Exhibition content, features that prevent or restrict use or copying of any content accessible through the YouKioske Service, or features that enforce limitations on the use of the YouKioske Service or Uploader Submissions or Exhibition content, or intentionally interfere with or damage operation of the YouKioske Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the YouKioske Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(x) modify, adapt, translate or create derivative works based upon the YouKioske Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(xi) remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), YouKioske brand elements, including logos, trademarks, service marks or other Materials displayed by YouKioske in connection with the YouKioske Service in any manner whatsoever, regardless of your use of the embedding functionality of the YouKioske Service to display authorized content on your or other third party sites.
Third-Party Sites
The YouKioske Service may include links or references to other web sites or services solely as a convenience to Users (“Linked Sites”). YouKioske does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the YouKioske Service are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
Termination; Violations.
You agree that YouKioske, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the YouKioske Service and remove and discard all or any part of your account, User profile, and any Uploader Submission, for any reason at any time. YouKioske may also in its sole discretion and at any time discontinue providing access to the YouKioske Service, or any part thereof, with or without notice. You agree that any termination of your access to the YouKioske Service or any account you may have or portion thereof may be effected without prior notice, and you agree that YouKioske will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies YouKioske may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the YouKioske Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the YouKioske Service, (ii) any term of this Terms of Service, (iii) any policy or practice of YouKioske in operating the YouKioske Service, or (iv) any content or information transmitted through the YouKioske Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the YouKioske Service.
Privacy
Your privacy is important to YouKioske. YouKioske's Privacy Policy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to YouKioske's collection, use, and disclosure of your personal information.
The Information YouKioske Collects
User-provided Information: You may provide to YouKioske what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, home/mobile telephone number) if you log in to the YouKioske Platform, or otherwise use the features and functionality of the YouKioske Platform
"Cookies" Information: When you access the YouKioske Platform, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. YouKioske may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the YouKioske Platform. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
"Automatically Collected" Information: When you access the YouKioske Platform or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique device or user ID, version of software installed, system type, the content and pages that you access on the YouKioske Platform, the dates and times that you visit the YouKioske Platform, and information from your Facebook account that you make publicly available, which is provided to us by Facebook via the Facebook APIs.
Ownership; Proprietary Rights.
The YouKioske Service is owned and operated by YouKioske or the company or companies owning the service. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the YouKioske Service provided by YouKioske (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Uploader Submissions or Exhibition content that are provided and owned by Users, all Materials contained on the YouKioske Service are the property of YouKioske or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to YouKioske or its affiliates and/or third-party licensors. Except as expressly authorized by YouKioske, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. YouKioske reserves all rights not expressly granted in this Terms of Service
Indemnification
You agree to indemnify YouKioske, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the YouKioske Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. YouKioske reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify YouKioske, and you agree to cooperate with YouKioske's defense of these claims. Upon notice of any impending claim, action or proceeding, YouKioske will use reasonable efforts to notify of any indemnification obligation.
Disclaimer of Warranties
YOUKIOSKE, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUKIOSKE OR THROUGH THE YOUKIOSKE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES YOUKIOSKE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE YOUKIOSKE SERVICE IS AT YOUR SOLE RISK. THE YOUKIOSKE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, UPLOADER SUBMISSIONS OR EXHIBITION CONTENT, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YOUKIOSKE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOUKIOSKE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, UPLOADER SUBMISSIONS OR EXHIBITION CONTENT, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE YOUKIOSKE SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOUKIOSKE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE YOUKIOSKE SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE YOUKIOSKE SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL YOUKIOSKE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE YOUKIOSKE SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH YOUKIOSKE OR OTHER YOUKIOSKE SERVICE USERS, EVEN IF YOUKIOSKE OR AN YOUKIOSKE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOUKIOSKE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL YOUKIOSKE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE YOUKIOSKE SERVICE OR YOUR INTERACTIONS WITH YOUKIOSKE OR OTHER YOUKIOSKE SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE YOUKIOSKE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN YOUKIOSKE AND RECEIVED THROUGH OR ADVERTISED ON THE YOUKIOSKE SERVICE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT YOUKIOSKE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND YOUKIOSKE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND YOUKIOSKE. YOUKIOSKE WOULD NOT BE ABLE TO PROVIDE THE YOUKIOSKE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
United States Export Controls
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or any other Sovereign States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations or any other Sovereign States (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
Miscellaneous
YouKioske may provide you with notices, including those regarding changes to YouKioske's terms and conditions, by email, regular mail or postings on the YouKioske Service. Notice will be deemed given twenty-four hours after email is sent, unless YouKioske is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the YouKioske Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the YouKioske Service is deemed given 30 days following the initial posting. The failure of YouKioske to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by YouKioske. These Terms will be governed by and construed in accordance with European Community Law, without giving effect to any principles of conflicts of law. For Users residing outside the European Community and using the YouKioske Service in another territory, any dispute or claim arising out of or in connection with these Terms or your use of the YouKioske Services shall be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce in the country to appoint YouKioske within the European Community, by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside the United States of America and using the YouKioske Service in the United States, you agree that any action at law or in equity arising out of or relating to these Terms or YouKioske as an entity will be filed only in the European Community courts jurisdiction in the matter or those designated by YouKioske, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouKioske without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and YouKioske relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by YouKioske as set forth above.
YOU AND YOUKIOSKE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOUKIOSKE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by YouKioske, Inc., located at:
YouKioske
Email: legalservice@youkioske.com