TERMS OF USE
Website Terms
of Use
Version 1.0
The YELLOWKITETRENDS website located at https://yellowkitetrends.blogspot.com/
is a copyrighted work belonging to YELLOWKITETRENDS. Certain features of the
Site may be subject to additional guidelines, terms, or rules, which will be
posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
These Terms of Use described the legally binding terms and conditions
that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING
COMPLIANT THAT THESE TERMS and you represent that you have the authority and
capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE
TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS,
DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual
basis to resolve disputes and also limit the remedies available to you in the
event of a dispute. These Terms of Use were created with the help of the Terms
Of Use Generator and the Privacy
Policy Sample.
Access to the
Site
Subject to these Terms. Company
grants you a non-transferable, non-exclusive, revocable, limited license to
access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The
rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site; (b) you shall not
change, make derivative works of, disassemble, reverse compile or reverse
engineer any part of the Site; (c) you shall not access the Site in order to
build a similar or competitive website; and (d) except as expressly stated
herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means unless otherwise indicated, any future release, update, or other addition
to functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site must be retained on all
copies thereof.
Company reserves the right to change, suspend, or cease the Site with or
without notice to you. You approved that Company will not be held liable
to you or any third-party for any change, interruption, or termination of the
Site or any part.
No Support or Maintenance. You
agree that Company will have no obligation to provide you with any support in
connection with the Site.
Excluding any User Content that you may provide, you are aware that all
the intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Site and its content are owned by Company or Company’s
suppliers. Note that these Terms and access to the Site do not give you any
rights, title or interest in or to any intellectual property rights, except for
the limited access rights expressed in Section 2.1. Company and its suppliers
reserve all rights not granted in these Terms.
User Content
User Content. "User Content" means any and all
information and content that a user submits to the Site. You are exclusively
responsible for your User Content. You bear all risks associated with use of
your User Content. You hereby certify that your User Content does not
violate our Acceptable Use Policy. You may not represent or imply to
others that your User Content is in any way provided, sponsored or endorsed by
Company. Because you alone are responsible for your User Content, you may
expose yourself to liability. Company is not obliged to backup any User Content
that you post; also, your User Content may be deleted at any time without prior
notice to you. You are solely responsible for making your own backup copies of
your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free
and fully paid, worldwide license to reproduce, distribute, publicly display
and perform, prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicenses of the
foregoing rights, solely for the purposes of including your User Content in the
Site. You hereby irreversibly waive any claims and assertions of moral
rights or attribution with respect to your User Content.
Acceptable Use Policy. The
following terms constitute our "Acceptable Use Policy": You agree not
to use the Site to collect, upload, transmit, display, or distribute any User
Content (i) that violates any third-party right or any intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual; (iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any software intended to damage or alter a computer system or
data; (ii) send through the Site unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages; (iii) use the Site to
harvest, collect, gather or assemble information or data regarding other users
without their consent; (iv) interfere with, disrupt, or create an undue burden
on servers or networks connected to the Site, or violate the regulations,
policies or procedures of such networks; (v) attempt to gain unauthorized
access to the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the Site; or
(vi) use software or automated agents or scripts to produce multiple accounts
on the Site, or to generate automated searches, requests, or queries to the
Site.
We reserve the right to review any User Content, and to investigate
and/or take appropriate action against you in our sole discretion if you
violate the Acceptable Use Policy or any other provision of these Terms or
otherwise create liability for us or any other person. Such action may include
removing or modifying your User Content, terminating your Account in accordance
with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the
Site, you hereby assign to Company all rights in such Feedback and agree that
Company shall have the right to use and fully exploit such Feedback and related
information in any manner it believes appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and
agents harmless, including costs and attorneys’ fees, from any claim or demand
made by any third-party due to or arising out of (a) your use of the Site, (b)
your violation of these Terms, (c) your violation of applicable laws or
regulations or (d) your User Content. Company reserves the right to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written
consent of Company. Company will use reasonable efforts to notify you of
any such claim, action or proceeding upon becoming aware of it.
Third-Party
Links & Ads; Other Users
Third-Party Links & Ads. The
Site may contain links to third-party websites and services, and/or display
advertisements for third-parties. Such Third-Party Links & Ads are
not under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these Third-Party
Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of caution and discretion in
doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any
and all of its own User Content. Because we do not control User Content,
you acknowledge and agree that we are not responsible for any User Content,
whether provided by you or by others. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are
under no obligation to become involved.
You hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, the Site. If you are a
California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: "a general release does not
extend to claims which the creditor does not know or suspect to exist in his or
her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like
any other website, YELLOWKITETRENDS uses ‘cookies’. These cookies are used to
store information including visitors’ preferences, and the pages on the website
that the visitor accessed or visited. The information is used to optimize the users’
experience by customizing our web page content based on visitors’ browser type
and/or other information.
Google DoubleClick DART Cookie. Google
is one of a third-party vendor on our site. It also uses cookies, known as DART
cookies, to serve ads to our site visitors based upon their visit to
www.website.com and other sites on the internet. However, visitors may choose
to decline the use of DART cookies by visiting the Google ad and content
network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of
advertisers on our site may use cookies and web beacons. Our advertising
partners are listed below. Each of our advertising partners has their own
Privacy Policy for their policies on user data. For easier access, we
hyperlinked to their Privacy Policies below.
·
Google
https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an "as-is" and "as
available" basis, and company and our suppliers expressly disclaim any and
all warranties and conditions of any kind, whether express, implied, or
statutory, including all warranties or conditions of merchantability, fitness
for a particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site
will meet your requirements, will be available on an uninterrupted, timely,
secure, or error-free basis, or will be accurate, reliable, free of viruses or
other harmful code, complete, legal, or safe. If applicable law requires
any warranties with respect to the site, all such warranties are limited in
duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may
not apply to you.
Limitation on
Liability
To the maximum extent permitted by law, in no event shall company or our
suppliers be liable to you or any third-party for any lost profits, lost data,
costs of procurement of substitute products, or any indirect, consequential,
exemplary, incidental, special or punitive damages arising from or relating to
these terms or your use of, or incapability to use the site even if company has
been advised of the possibility of such damages. Access to and use of the
site is at your own discretion and risk, and you will be solely responsible for
any damage to your device or computer system, or loss of data resulting
therefrom.
To the maximum extent permitted by law, notwithstanding anything to the
contrary contained herein, our liability to you for any damages arising from or
related to this agreement, will at all times be limited to a maximum of fifty
U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge
this limit. You agree that our suppliers will have no liability of any kind
arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
Term and Termination. Subject
to this Section, these Terms will remain in full force and effect while you use
the Site. We may suspend or terminate your rights to use the Site at any
time for any reason at our sole discretion, including for any use of the Site
in violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may
involve deletion of your User Content associated with your Account from our
live databases. Company will not have any liability whatsoever to you for
any termination of your rights under these Terms. Even after your rights
under these Terms are terminated, the following provisions of these Terms will
remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright
Policy.
Company respects the intellectual property of others and asks that users
of our Site do the same. In connection with our Site, we have adopted and
implemented a policy respecting copyright law that provides for the removal of
any infringing materials and for the termination of users of our online Site
who are repeated infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of
our Site, unlawfully infringing the copyright(s) in a work, and wish to have
the allegedly infringing material removed, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:
·
your physical or electronic signature;
·
identification of the copyrighted work(s) that you
claim to have been infringed;
·
identification of the material on our services that
you claim is infringing and that you request us to remove;
·
sufficient information to permit us to locate such
material;
·
your address, telephone number, and e-mail address;
·
a statement that you have a good faith belief that
use of the objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
·
a statement that the information in the
notification is accurate, and under penalty of perjury, that you are either the
owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation
of material fact in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorney’s fees
incurred by us in connection with the written notification and allegation of
copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address
you provided to us and/or by prominently posting notice of the changes on our
Site. You are responsible for providing us with your most current e-mail
address. In the event that the last e-mail address that you have provided
us is not valid our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the
notice. Any changes to these Terms will be effective upon the earliest of
thirty (30) calendar days following our dispatch of an e-mail notice to you or
thirty (30) calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of our
Site. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the
terms and conditions of such changes. Dispute Resolution. Please read this
Arbitration Agreement carefully. It is part of your contract with Company and
affects your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of
any product or service provided by the Company that cannot be resolved
informally or in small claims court shall be resolved by binding arbitration on
an individual basis under the terms of this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and the Company, and
to any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first
send to the other party a written Notice of Dispute describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to the
Company should be sent to: YELLOWKITETRENDS. After the Notice is received, you
and the Company may attempt to resolve the claim or dispute informally.
If you and the Company do not resolve the claim or dispute within thirty (30)
days after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement offer made by any party may not
be disclosed to the arbitrator until after the arbitrator has determined the
amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be
initiated through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall
agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration except to the extent such
rules are in conflict with the Terms. The AAA Consumer Arbitration Rules
governing the arbitration are available online at adr.org or by calling the AAA
at 1-800-778-7879. The arbitration shall be conducted by a single,
neutral arbitrator. Any claims or disputes where the total amount of the
award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be
resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount of
the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless
you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time and place of any oral hearings.
Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. If the arbitrator grants you an award
that is greater than the last settlement offer that the Company made to you
prior to the initiation of arbitration, the Company will pay you the greater of
the award or $2,500.00. Each party shall bear its own costs and
disbursements arising out of the arbitration and shall pay an equal share of
the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration
shall be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not involve any personal appearance by
the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration,
the arbitration action must be initiated and/or demanded within the statute of
limitations and within any deadline imposed under the AAA Rules for the
pertinent claim.
Authority of Arbitrator. If
arbitration is initiated, the arbitrator will decide the rights and liabilities
of you and the Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall
have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages,
and to grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue
a written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon you and
the Company.
Waiver of Jury Trial. THE
PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT
AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all
claims and disputes shall be resolved by arbitration under this Arbitration
Agreement. Arbitration procedures are typically more limited, more
efficient and less expensive than rules applicable in a court and are subject
to very limited review by a court. In the event any litigation should
arise between you and the Company in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE
ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a
judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration
agreement must be arbitrated or litigated on an individual basis and not on a
class basis, and claims of more than one customer or user cannot be arbitrated
or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the
arbitration proceeding shall be strictly confidential. The parties agree
to maintain confidentiality unless otherwise required by law. This
paragraph shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an arbitration
award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the
rights and limitations set forth in this Arbitration Agreement may be waived by
the party against whom the claim is asserted. Such waiver shall not waive
or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This
Arbitration Agreement will survive the termination of your relationship with
Company.
Small Claims Court. Nonetheless the
foregoing, either you or the Company may bring an individual action in small
claims court.
Emergency Equitable Relief. Anyhow
the foregoing, either party may seek emergency equitable relief before a state
or federal court in order to maintain the status quo pending arbitration.
A request for interim measures shall not be deemed a waiver of any other rights
or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
In any circumstances where the foregoing Arbitration Agreement permits
the parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject
to export or import regulations in other countries. You agree not to export,
re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint Assistance Unit
of the Division of Consumer Product of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or
by telephone at (800) 952-5210.
Electronic Communications. The communications
between you and Company use electronic means, whether you use the Site or send
us emails, or whether Company posts notices on the Site or communicates with
you via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that all terms
and conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal obligation that such
communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word "including"
means "including without limitation". If any provision of these Terms
is held to be invalid or unenforceable, the other provisions of these Terms
will be unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent permitted by
law. Your relationship to Company is that of an independent contractor, and
neither party is an agent or partner of the other. These Terms, and your
rights and obligations herein, may not be assigned, subcontracted, delegated,
or otherwise transferred by you without Company’s prior written consent, and
any attempted assignment, subcontract, delegation, or transfer in violation of
the foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees.
Your Privacy. Please read our
Privacy Policy.
Copyright/Trademark Information. Copyright
©. All rights reserved. All trademarks, logos and service marks displayed
on the Site are our property or the property of other third-parties. You are
not permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.
Contact
Information
Address: YELLOWKITETRENDS
Email: sudeepsetti1@GMAIL.COM