This version in effect since January 19, 2011
1. Permitted Use of the Website
The Website is made available to you for your lawful, non-commercial use only. You may print or download all Website pages for your non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You must not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content must not be copied, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Company.
You agree to access the Website only through the interface that is provided by the Company for use in accessing the Website. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, and screen scraping tools, to access, monitor, download or copy any part of the Website or its Content, unless the Company has provided prior written consent.
You may not use the Website to:
engage in or facilitate illegal activity;
upload, transmit, or otherwise distribute any viruses or other harmful, disruptive or destructive files;
Interfere with or disrupt networks, systems, and/or computers connected to the Website. You agree to comply with all regulations, policies, and procedures of such networks and systems.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Advertise or offer to sell any goods or services for any commercial purpose unless you are specifically endorsed or authorized by us to do so;
Restrict or inhibit any other user from using the Website;
Collect or store personal information about other end users;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. Membership Eligibility
Age: Yutzu.com’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Membership: Yutzu.com membership is void where prohibited. Yutzu.com is currently made available as an exclusive service, offered by invitation only. You may terminate your membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. We reserve the right, at our sole discretion, to deny or cancel membership, with or without prior notice or explanation, and without liability. We reserve the right to refuse service to anyone, for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.
Member Information: Access to certain parts of the Website, including our exclusive members’ only areas, require a username and password. You represent and warrant that all member information that you provide to Yutzu.com in connection with obtaining a username and password is accurate and complete. In the event that any of your member information changes in the future, you will promptly edit your member account with the updated information.
Passwords: You are responsible for maintaining the confidentiality of your password and username, and are responsible for all activities that occur under your password or username. Only one individual may access the Website at the same time using the same username and password. You agree to notify the Company immediately of any unauthorized use of your email address, username or password or any other breach of security regarding the Website of which you are aware, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the Company’s failure or your failure to protect your password or username.
DO NOT SHARE YOUR PASSWORD WITH ANYONE. If you know or suspect that your username or password has been compromised, change your password immediately.
Membership Fees: Member accounts are currently available free-of-charge. You acknowledge that the Company reserves the right to apply a fee to any portion of the Website and to change its fees from time to time in its discretion. Should the Company decide to charge for this service, they will provide thirty (30) days notice to all current members via the Website. Current members will have the option to terminate their accounts or to pay the applicable fee and continue use of their member account. If you breach this Agreement and we terminate your membership, you are not entitled to a refund of any portion (used or unused) of any fees or payments (if any).
License to Provided Content: If you provide any content to the Website or to other Yutzu.com users in connection with your use of the Website ("Provided Content"), including but not limited to descriptions of events, then the intellectual property rights associated with the Provided Content remain solely with you. However, you grant the Company the perpetual, fully-paid, royalty-free, sublicensable, non-exclusive, and transferable right to use, publish, transmit, display, copy and distribute the Provided Content, in any and all formats and platforms (whether currently existing or developed in the future), in connection with the Website and related publications, databases and materials, including marketing materials. You agree to allow us to store or re-format your Content on Yutzu.com and display your Content on Yutzu.com in any way we chose.
You represent and warrant that the Provided Content: (a) is owned by you, or you have the full right to provide the Provided Content to Yutzu.com and grant the above license; (b) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (c) does not violate any person's right of privacy or publicity; (d) does not contain any unlawful, obscene, defamatory or libelous material, (e) to the best of your knowledge, is accurate and complete, and (f) is not otherwise injurious or objectionable. You also represent and warrant that your disclosure of the Provided Content is not in breach of any obligation of confidentiality that you have to any other person or organization.
Re-Posting Provided Content: By posting Provided Content on Yutzu.com, it is possible for an outside website or a third party to re-post that Provided Content. You agree to hold the Company harmless for any dispute concerning this use.
Third-Party Content: The Website also contains content that the Company creates as well as content provided or made available by third parties ("Content"). All Content is provided "as-is" as a convenience.
4. Disclaimer and Liability Exclusion
The Company does not accept any liability for your use of the Website. Your use of the Website is at your own risk. The Website is provided on an “as-is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by the Company to the fullest extent permitted by law. The Company will not under any circumstances be liable to you or any other person for any loss or damage arising from, connected with, or relating to the use of the Website by you or any other person.
This Website is the property of the Company and/or its suppliers, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
7. Other Sites
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from the Company, and we have no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
8. Termination of this Agreement and the Website
9. Governing Law and Dispute Resolution
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between the Company and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
10. Changes to the Website
The Company reserves the right to modify the Website at any time without prior notice to you.
The Company may at its discretion suspend or terminate operation of the Website for maintenance or other reasons. In addition, technical and other issues may make the Website unavailable from time to time.
12. General Provisions
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.