Terms and Conditions
Effective 7th April, 2008.
The youeXpression.comTM service and network (collectively, “youeXpressionTM” or "the Service") are operated by Kenad4 Investments Ltd. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.youeXpression.comTM (together the "Site") or by posting on the site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms and Conditions " or "Agreement"), whether or not you are a registered member of youeXpression.comTM. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Disclaimers
Under no circumstances shall youeXpression.comTM be held responsible for any loss or damage, including personal injury or death, resulting from use of the youeXpressionTM, Services, attendance at a youeXpression.comTM event, from any Content posted, or from the conduct of any Users of the youeXpressionTM Services, whether online or offline. The youeXpressionTM Services are provided "AS-IS" and as available. The Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. youeXpression.comTM cannot guarantee and does not promise any specific results from the use of our Services.
youeXpression.comTM is not responsible for any incorrect or inaccurate Content posted on the youeXpressionTM Website or in connection with the youeXpressionTM Services, whether caused by Users of the youeXpressionTM Services or by any of the equipment or programming associated with or utilized in the youeXpressionTM Services. Profiles created and posted by Members on the youeXpressionTM Website may contain links to other websites. youeXpression.comTM is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by youeXpression.comTM.
Inclusion of any linked website on the youeXpressionTM Services does not imply approval or endorsement of the linked website by youeXpression.comTM. When you access these third-party sites, you do so at your own risk, youeXpression.comTM takes no responsibility for third party advertisements which are posted on the youeXpressionTM Website or through the youeXpressionTM Services, nor do we take any responsibility for the goods or services provided by advertisers. youeXpression.comTM is not responsible for the conduct, whether online or offline, of any User of the youeXpressionTM Services. youeXpression.comTM assumes no responsibility whatsoever for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.youeXpression.comTM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the youeXpressionTM Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the youeXpressionTM Services.
Fees
You acknowledge that youeXpression.comTM reserves the right to charge a fee or fees as the case maybe for the youeXpressionTM Services and changes to its fees are made from time to time, at its sole discretion with or with cause. If youeXpression.comTM terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of your subscription fees, if any.
Password
When you sign up to become a Member of youeXpressionTM, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify youeXpression.comTM immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Content Posted
youeXpression.comTM may delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. youeXpression.comTM assumes no responsibility for monitoring the youeXpressionTM Services for inappropriate Content or conduct. If at any time youeXpression.comTM chooses, at its sole discretion, will monitor the youeXpressionTM Services, youeXpression.comTM nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the youeXpressionTM Services, and any material or information that you transmit to other Members and for your interactions with other Users. youeXpressionTM does not endorse and has no control over the Content. Content is not necessarily reviewed by youeXpressionTM prior to posting and does not necessarily reflect the opinions or policies of youeXpressionTM. youeXpressionTM makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited
The following is a list of the kind of Content that is illegal or prohibited to post on or through the youeXpressionTM Services. youeXpressionTM reserves the right to investigate and take appropriate legal action against anyone who, in youeXpression's sole discretion, violates this provision, including without limitation, removing the offending communication from the youeXpressionTM Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, are in our sole discretion: patently offensive, bigotry, promotes racism, hatred or can cause physical harm of any kind against any group or individual; harasses or advocates harassment of another person; contains nudity, violence, or offensive subject matter or contains a link to an adult website; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile, criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the youeXpressionTM Services, selling or otherwise transferring your profile; using any information obtained from the youeXpressionTM Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the youeXpressionTM Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or using the youeXpressionTM Services in a manner inconsistent with any and all applicable laws and regulations.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and Conditions and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
Trademarks
The Company’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on youeXpression.comTM or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement with adequate evidence, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeated infringers as described herein. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send us a mail detailing such infringements.
youeXpressionTM DOES NOT PRE-SCREEN OR APPROVE youeXpression TEXTS, IMAGES, SOUNDS, VIDEOS AND POSTS, AND CANNOT GUARANTEE THAT THEY WERE ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE AUTHOR NOR IS youeXpression RESPONSIBLE FOR THE CONTENT OF ANY youeXpression PROFILE OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN.
Privacy Policy
Use of the youeXpressionTM Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Links to Other Sites
youeXpression.comTM contents may contain links to other sites, which are completely independent of the youeXpressionTM. youeXpressionTM makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other sites is solely at your own risk, all such sites are completely independent of youeXpression.comTM.
youeXpressionTM has no control and accepts no liability whatsoever in respect of your use or inability to use them or any of the content of such sites.
youeXpression.comTM may make available merchandise, products or sites provided by third parties through youeXpressionTM. You may be asked by a third-party provider for information regarding yourself (such as credit card or other payment information). Third party providers are solely responsible for the use of any information that you provide to them. youeXpressionTM strongly requests that you make whatever investigation or enquiry you feel is necessary or desirable before proceeding with any transaction (whether completed online or off-line) with any third party. Your transactions with any third party are solely between you and that third party and are subject to any terms and conditions that may apply to such transactions. You will be responsible for paying all charges you incur and applicable taxes, if any, relating to such charges.
Limitation of Site use
You acknowledge thatyoueXpressionTM may establish limits concerning use of the Site, including the maximum number of days that Content will be retained on the website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored, and the frequency with which you may access the website. You agree that youeXpressionTM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that youeXpressionTM reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that youeXpressionTM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site or services.
Content and Software related issues
youeXpressionTM does not represent or warrant that software, content or materials on the Website, or any platform applications are accurate, complete, reliable, current or error-free or that the Website its servers or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through youeXpressionTM and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
Member Disputes
You are solely responsible for your interactions with other youeXpression.comTM Members. youeXpressionTM reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitation on Liability
IN NO EVENT SHALL youeXpressionTM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YoueXpression.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, youeXpressionTM’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO youeXpressionTM FOR THE youeXpressionTM SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
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