Terms & Conditions
1. Acceptance of Agreement
1.1 These Services are owned and operated by Yamgo Ltd. (“Yamgo”), registered in England and Wales, company number 3597254, whose registered office is Technium 1, Kings Road, Swansea, SA1 8PH, Wales, UK
1.3 Yamgo shall have the right, at its sole discretion, to modify, add or remove any terms of these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of the Services following changes to these Terms and Conditions shall constitute your acceptance of all such changes.
1.4 IN USING THE SERVICES, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. THOSE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THE SERVICES.
1.5 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAMGO RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF, AT ANY TIME AND IN ITS SOLE DISCRETION WHENEVER IT DEEMS THAT THE USE OF THE SERVICES IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS AND CONDITIONS.
2.1 The Services may contain links to third-party services or websites that are not owned or controlled by Yamgo. It is your responsibility to decide whether any services and/or products available through any of these services and websites are suitable for your purposes. Yamgo is not responsible for the content or for any goods or services offered through these third parties; has no control over the terms and conditions or privacy policies of these third parties; does not endorse any such content, goods, or services; and does not accept any liability in relation to any of these content, goods, or services
3. Your account
3.1 In order to access some features of Yamgo Services, you may have to create an account. When creating your account, you must provide accurate, complete information. You must keep your username and password secure, and not allow any third party to use your username and password. You are solely responsible for the activity that occurs on your account, and you must notify Yamgo immediately of any breach of security or unauthorized use of your account. You assume sole liability for the losses of Yamgo or others due to such unauthorized use.
4. Payment for Access
4.1 Yamgo reserves the right at any time to charge fees for access to the Services or any part thereof. You will not be charged for access unless Yamgo obtains your prior agreement.
5. Use of the Services
Your use of the Services is for your sole, personal, non-commercial use. Among other things, you are not permitted to:
5.1 Copy (whether by printing onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, aggregate, alter or tamper with, reproduce, duplicate, sell, resell or exploit for any purposes in any way, or otherwise use the Services or any material contained in the Services for your own or any third party purposes.
5.2 Remove any copyright, trademark or other intellectual property notices for any reason or for any purpose.
5.3 Use or launch any automated system, including without limitation, "spiders," "robots"," offline readers," etc., that accesses the Services.
5.4 Use proxies or proxy servers to bypass to interfere or attempt to interfere with the proper workings of the Services.
5.5 Collect or attempt to collect any information of others, including passwords and account information, or provide to or transmit through the Services any material that is unlawful or violates the rights of others.
5.6 Upload or store files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
5.7 Sell modify reproduce, display, publicly perform, distribute, or otherwise use the Services or any portions thereof, in any manner for any public, commercial or non-commercial purpose.
5.8 Use the Services or any part thereof in a networked computer environment.
5.9 Notwithstanding the foregoing, Yamgo grants the operators of public search engines permission to use spiders and robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Yamgo reserves the right to revoke these exceptions either generally or in specific cases.
6. User Generated Content
6.1 The Services may enable you to submit comments or other user generated content to Yamgo for hosting, display, and distribution to other users of the Services (individually and collectively "UGC"). By submitting UGC, you confirm that you hold all rights to do so and you grant to Yamgo and any affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, royalty-free Licence, with, among other rights, the right to grant sublicences through multiple tiers of sublicencees, to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your UGC (or any portions or derivative works thereof) in any manner, in any medium, and for any purpose.
6.2 Yamgo reserves the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes. Any UGC may be removed at any time or be refused by Yamgo in its sole discretion. Yamgo is not responsible for any loss, theft or damage of any kind to any UGC, whether or not published or displayed, and Yamgo does not guarantee any confidentiality with respect to any UGC.
6.3 Regarding UGC, you shall not: (i) publish falsehoods or misrepresentations that could damage the Services or any third party; (ii) publish material that is unlawful, obscene, pornographic, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, or encourages anything that would be considered a criminal offense, give rise to civil liability, violate any law, violate the rights, harm, or threaten the safety of any person or is otherwise inappropriate; (iii) impersonate another person; or (iv) post advertisements or solicitations for yourself or for any third parties.
6.4 Yamgo acts as a passive conduit for its users, and Yamgo has no obligation to screen or monitor communications or information, and has no legal obligation to, and generally does not, control the information provided by other users.. Accordingly, you must use caution and common sense when using the Services. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Yamgo may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication.
6.5 By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. Yamgo does not endorse, represent or guarantee the truthfulness, accuracy, or reliability of UGC and has no liability or responsibility for any UGC or your reliance on UGC. Any such reliance shall be at your own risk.
6.6 Yamgo is not involved in the actual transaction between visitors. As a result, Yamgo has no control over the quality and safety or legality of postings or information uploaded to the Services. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and Yamgo has no responsibility or liability for any transactions, online or offline, between you and any third party.
6.7 Because user authentication on the Internet is difficult, Yamgo cannot and does not confirm that each user is who they claim to be. We are not and cannot be involved in user-to-user dealings or control the behavior of participants on the Services; consequently in the event that you have a dispute with one or more users, you release Yamgo (and its agents, representatives, partners, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6.8 All information or advice provided as part of the Services are intended to be general in nature and you should not rely on it in connection with the making of any decision and may not be applicable to your personal situation. Yamgo is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action.
7. Social Networking
7.1 You may at your option have use of Twitter, Facebook or other social networking platforms through the Services to share links and content. You undertake this option as your sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking platform.
8. Customer Comments and Suggestions
8.1 Yamgo appreciates hearing from our customers and welcomes your comments regarding the Services. Please be advised, however, that our policy does not permit acceptance or consideration of creative ideas, suggestions, inventions or materials other than those that we have specifically requested. If, despite our request, you send us creative ideas, suggestions, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Yamgo. None of the Submissions shall be subject to any obligation of confidence and Yamgo shall not be liable for any use or disclosure of any Submission. Yamgo shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
9. Intellectual Property
9.1 "Yamgo", and any other Yamgo trademarks and trade names, and any variations thereof, are and shall remain the sole and exclusive property of Yamgo, and any unauthorised use of such trademarks and trade names is unlawful.
9.2 All components of the Services (including without limitation all content, programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Yamgo or other third parties who have Licenced such materials to Yamgo, and is protected by copyright and other laws of the United Kingdom and other countries.
10. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that any copyrighted work is accessible on or through these Services in a way that constitutes copyright infringement, please notify Yamgo by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
You can contact the agent as follows:
Mail: The Copyright Agent, Yamgo Ltd, Technium 1, Kings Road, Swansea, SA1 8PH, Wales, UK.
Email: email@example.com with subject line “Copyright Infringement”
11. Consent to Data Collection and Use
11.1 To provide the Services, Yamgo and its partners and licensors may need to collect data about you, including the configuration of your mobile-enabled device and the unique device identifier (“Device ID”) associated with your device (such as a serial number and/or MAC address).
11.2 Yamgo also may collect usage data relating to your use of the Services, which data will be collected in the aggregate and linked only to your Device ID. You hereby agree and consent to Yamgo and its partners' and licensors' collection, use, transmission, processing and maintenance of such data in connection with Yamgo’s provision of the Services, including but not limited to for purposes of improving the Services, contacting you regarding the Services, and providing customer support and maintenance.
12. Software Licence
12.1 AS PART OF THE SERVICE OFFERING YOU MIGHT BE DOWNLOADING SOFTWARE TO YOUR COMPUTER OR MOBILE DEVICE OR HAVE ACCESS TO SOFTWARE ON A REMOTE SERVER. IN EACH CIRCUMSTANCE YOU AGREE TO THIS LICENCE TO USE THIS SOFTWARE. YOU ARE ACCEPTING THE SOFTWARE "AS IS" AND AGREEING TO BE BOUND BY THE LICENCE AS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE LICENCE TERMS DO NOT DOWNLOAD OR USE THE SOFTWARE.
12.2 Yamgo grants to you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive Licence to use the Services in a manner permitted by the Agreement. You may not allow any other person to use the Services and may not use the Services to provide services to any other person.
12.3 You may not rent, sell, lease, grant a security interest, assign, transfer, or grant a sub-licence to any third party.
12.4 You shall not, or allow any third person to, copy, modify, alter, create a derivative work, decompile, reverse engineer, disassemble, include in other software, or translate the Software, attempt to extract the source code, or use the Software for any commercial or non-commercial purposes.
12.5 Yamgo or any third party owner of the Software retains all ownership, right, title and interest in and to the Software and in all portions of the Software and accompanying documentation, including but not limited to trade secrets, copyrights, trademarks, know how, methodologies and processes, and in all copies of it.
12.6 You agree that the Software, including the specific design and structure, constitute proprietary information, trade secrets and/or copyrighted material. You agree not to disclose, provide, or otherwise make available such proprietary information, trade secrets or copyrighted material in any form to any third party.
12.7 This Licence and your rights hereunder shall automatically terminate at the time of termination of the Services.
12.8 Technical support is provided in the sole discretion of Yamgo.
13. WARRANTY DISCLAIMERS
13.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
13.2 YAMGO MAKE NO WARRANTIES THAT THE SERVICES WILL BE PROVIDED UNINTERRUPTED, DELAYED, ERROR FREE, SECURE, OR WITHOUT MISTAKES OR INACCURACIES, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
13.3 THE SERVICES SHOULD NOT BE RELIED ON FOR CRITICAL USES. YOU MAY NOT BE ABLE TO USE THE SERVICES IF YOUR WIRELESS DEVICE IS NOT WITHIN RANGE OF AN AVAILABLE ACCESS POINT. EVEN WITHIN A COVERAGE AREA, THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE SERVICES, INCLUDING NETWORK CAPACITY, TERRAIN, PLACEMENT OF BUILDINGS, AND THE CHARACTERISTICS OF YOUR WIRELESS OR OTHER DEVICE.
13.4 YAMGO MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SERVICES OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER OR OTHER DEVICES OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT NEITHER YAMGO NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES OR AGENTS WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.
13.5 YAMGO IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL UGC AND ANY OTHER COMMUNICATION BETWEEN YOU AND YAMGO.
13.6 YAMGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YAMGO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
14. LIMITATION OF LIABILITY
14.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USING THE SERVICES AND UNINSTALLING THE SOFTWARE.
14.2 YAMGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, REPRESENTATIVES, OR AGENTS, AND THIS SERVICES, SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR ACCESS TO AND USE OF THE SERVICES, OR YOUR INABILITY TO ACCESS AND USE THE SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YAMGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
15. YOUR LIABILITY
15.1 IF YOU CAUSE A TECHNICAL DISRUPTION TO THE SERVICES YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
16. Indemnification and Legal Remedies
16.1 You agree to indemnify and hold Yamgo, its subsidiaries and affiliates, and their respective officers, directors, representatives, agents, partners and employees, harmless from and against any and all losses, liabilities, claims, or demands, including reasonable attorneys' fees, made by any third party due to or arising out of any disruption to the Services caused by you, or due to your use of and access to the Services in violation of this Agreement.
17.1 These Terms of Conditions, and any rights and Licences granted hereunder, may not be transferred or assigned by you.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in England, in connection with any action arising out of or related to these Terms and Conditions or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
19. Exclusions and Limitations
19.1 To the extent Yamgo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Yamgo’s liability shall be the minimum permitted under such applicable law. If these Terms and Conditions are in any way contradictory to the law in your jurisdiction or in any other way not compatible, please refrain from using the Services.
20. Force Majeure
20.1 Yamgo shall not be liable for any suspension or termination of the Services caused by a force majeure event, which shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident breakdown of plant or machinery, fire, flood, storm or default of suppliers, and any other acts, events, omissions or accidents. Yamgo may suspend the operation of the Services for support or maintenance work, in order to update the content or for any other reason.
21. Additional Terms and Conditions
21.1 These Terms and Conditions, and other relevant documents and agreements constitute the entire agreement between you and the Services with respect to the use of the Services. No changes to these Terms and Conditions shall be made except by a revised posting on this page by the Services.
21.2 Nothing in this Agreement shall be construed to form a partnership, joint venture, or employer/employee relationship between you and Yamgo.
21.3 Yamgo makes no claims that the Services may be lawfully accessed in any specific country. Access to the Services may not be legal by certain persons or in certain countries, may require government authorization or registration, or the payment of fees. When you access the Services, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.
21.4 Unless otherwise expressly stated, nothing herein shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any other third party.
21.5 If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect.
21.6 No waiver or failure to insist on strict compliance with any of the provisions contained herein shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.
Last updated 22 March 2013