Terms and Conditions
NINJ Youtomo Free Basic Service TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
NINJ provides the Youtomo service to the user, subject to the following Terms of Service (”TOS”), which may be updated by NINJ from time to time without further notice to the user; however, NINJ will not alter Section 6 (”Content Submitted to Youtomo”) without prior notice to and acceptance by the user. The user can review the most current version of the Terms of Service any time at: http://www.youtomo.com.
2. DESCRIPTION OF SERVICE
Youtomo provides users with free access to a basic collection of on-line resources destined to generate and host mobile web pages (the Free Basic Service).
Unless explicitly stated otherwise, any new features that augment or enhance the current Free Basic Service, including the release of new Youtomo resources, shall be subject to the TOS.
Any Fee-Based Services delivered by Youtomo are not part of the Free Basic Service and are therefore not subject to the TOS.
3. REGISTRATION OBLIGATIONS
In consideration of use of the Service, the user agrees to:
• provide true, accurate, current and complete information about his or her person or company as prompted by the Service’s registration form (such information being the “Registration Data”) and
• maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
• If the user provides any information that is untrue, inaccurate, not current or incomplete, or NINJ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NINJ has the right to suspend or terminate the user’s account and refuse any and all current or future use of the Service (or any portion thereof).
4. NINJ PRIVACY POLICY
NINJ
may disclose to third parties certain information contained in the user’s Registration Data or related data, provided that, such information does NOT include personally identifying information, except as specifically authorised by you or in good faith belief that such action is reasonably necessary to comply with the law, or the legal process, to enforce the TOS.
The user agrees that Youtomo may use any information regarding the nature of the user’s business and business location for the Youtomo search engine.
5. USER CONDUCT
The user understands and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (”Content”), submitted to Youtomo, are the sole responsibility of the person or company from which such Content originated. This means that the user, and not NINJ, is entirely responsible for all Content uploaded, posted or otherwise transmitted via the Service.
The user agrees not to use the Service to:
upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of other’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
have multiple Youtomo addresses that have the same theme or promote the same business.
6. CONTENT SUBMITTED TO YOUTOMO
By uploading Content to Youtomo all existing copyrights remain untouched and NINJ in no way claims ownership of the Content placed on the user’s Youtomo Site. By submitting Content for inclusion on the user’s Youtomo Site, the user grants NINJ the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the user’s Youtomo Site. This license exists only for as long as the user continues to maintain his or her Youtomo mobile web site and shall be terminated at the time the user’s Youtomo site is terminated.
The user acknowledges that NINJ does not pre-screen Content, but that NINJ and its designees shall have the right (but not the obligation) at their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, NINJ and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
7. INDEMNITY
You agree to indemnify and hold NINJ, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity.
8. MODIFICATIONS TO SERVICE
NINJ
reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user agrees that NINJ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION
The user agrees that NINJ, at its sole discretion, may terminate the user’s password, Youtomo Site, use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NINJ believes that the user has violated or acted inconsistently with the letter or spirit of the TOS. NINJ may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The user agrees that any termination of the user’s access to the Service under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that NINJ may immediately deactivate or delete the user’s Youtomo Site and all related information and files in the user’s Youtomo Site and/or bar any further access to such files or the Service. Further, the user agrees that NINJ shall not be liable to the user or any third-party for any termination of the user’s access to the Service.
10. ADVERTISEMENTS AND PROMOTIONS
Youtomo does not and does not plan to place any advertisements or promotions on the user’s Youtomo sites at the moment.
However, by creating a Youtomo site, the user agrees that NINJ has the right to run advertisements and promotions on the user’s Youtomo Sites. The manner, mode and extent of advertising by NINJ on the user’s Youtomo Site are subject to change.
11. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NINJ has no control over such sites and resources, the user acknowledges and agrees that NINJ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The user further acknowledges and agrees that NINJ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
12. DISCLAIMER OF WARRANTIES
The user understands and agrees that:
• The use of the service is entirely at the user’s own risk. The service is provided on an “as is” and “as available” basis. NINJ expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• NINJ makes no warranty that
- the service will meet the user’s requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by the user through the service will meet his or her expectations, and
- any errors in the software will be corrected.
• any material downloaded or otherwise obtained through the use of the service is done at the user’s own discretion and risk and that the user will be solely responsible for any damage to his or her device system or loss of data that results from the download of any such material.
• the ONEWEB scripts provided by the service reflect the company’s best knowledge but may not be free of errors and that the use of the ONEWEB scripts is done at the user’s own discretion and risk and that the user will be solely responsible for any damage to his or her device system or loss of data that results from the download and use of the scripts.
• no advice or information, whether oral or written, obtained by the user from NINJ or through or from the service shall create any warranty not expressly stated in the TOS
13. LIMITATION OF LIABILITY
The user expressly understands and agrees that NINJ shall not be liable for any direct, 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 NINJ has been advised of the possibility of such damages), resulting from:
• the use or the inability to use the service;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the service; or
• any other matter relating to the service.
14. COMMUNICATIONS WITH USER
The user also understands and agrees that the service may include certain communications from Youtomo, such as service announcements, administrative messages and the Youtomo Newsletter, and that these communications are considered part of Youtomo membership and that the user will not be able to opt out of receiving them.
Communications to the user may be made via regular mail, email, regular phone or mobile phone. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the user generally on the Service.
15. GENERAL TERMS
The TOS constitute the entire agreement between the user and NINJ and govern the use of the Service, nullifying any prior agreements between the user and NINJ or Youtomo (including, but not limited to, any prior versions of the TOS).
The TOS and the relationship between the user and NINJ shall be governed by the laws of Switzerland. The user and NINJ agree to submit to the exclusive jurisdiction of the courts located at Zurich, Switzerland.
The failure of NINJ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.