Terms

Agreement between end user and YAYFEEDS.COM ("YAYFEEDS").

This agreement was written in English (UK).  However, in the event that any translated version of this agreement conflicts with this version, this version holds control.

Date of last revision: 23 December 2010

1. ACCEPTANCE OF TERMS

1.1 The access and use of this Web Site (at www.yayfeedss.com or such other URL as YAYFEEDS may determine) and Services (defined below) contained therein by you is conditioned on your acceptance without modification of the terms, conditions and notices (collectively, "Terms of Use") contained herein. Your access to and use of this Web Site constitutes your unconditional agreement to all the Terms of Use for the time being as set out herein. YAYFEEDS reserves the right to vary the Terms of Use from time to time at its absolute discretion either with or without notice to you. You are advised to check the Terms of Use regularly, which shall be effective from the date of posting on this Web Site. If you do not agree to any of the Terms of Use contained herein, please do not access or use this Web Site.

1.2 You warrant that you have the necessary authority and capacity to enter into this agreement.

2. PERSONAL AND NON-COMMERCIAL USE LIMITATION

2.1 Unless otherwise expressly authorized by YAYFEEDS, this Web Site is strictly for your personal and non-commercial use.

3. DESCRIPTION OF SERVICE

3.1 YAYFEEDS serves as a platform for users to get daily updates on information and other content that is deemed “YAYFEED” worthy. Aside from this rich online resource, YAYFEEDS also offers users to share their own content and give or seek user opinions on such posts.  Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new YAYFEEDS resources, shall be subject to the Terms of Use.

4. USER CONDUCT & LICENSING GRANTS

  1. Sharing Your Content and Information
    You own all of the content and information or you have the rights to distribute what you post on YAYFEEDS. In addition:
    1. For content that is covered by intellectual property rights, like photos and videos, you give us the following permission, subject to your privacy; you grant us an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with YAYFEDS. In addition, you warrant that all moral rights in those materials have been waived. None of the materials shall be subject to any obligation of confidence on the part of YAYFEEDS.
    2. When you delete IP content, it is deleted in a manner where any removed content may persist in backup copies for a reasonable period of time (but will not be made available to others).
    3. We appreciate your feedback or other relevant suggestions concerning YAYFEEDS, but you understand that we may use these suggestions without any obligation to compensate you for the suggestions as you are under no obligation to offer them.

  2. Expected User Conduct
    We strive to keep YAFEEDS a nice place to be, unfortunately we cannot guarantee it. As such, by using YAYFEEDS, you accept the following rules:
    1. You are forbidden from sending or otherwise posting unauthorized commercial communications (such as spam) on YAYFEEDS.
    2. You are forbidden from collecting users' content or information, or otherwise accessing YAYFEEDS, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You are forbidden from engaging in unlawful multi-level marketing, such as a pyramid scheme, on YAYFEEDS.
    4. You are forbidden from uploading viruses or other malicious code.
    5. You are forbidden from soliciting login information or access an account belonging to someone else.
    6. You are forbidden from bulling, intimidating, or harassing any user.
    7. You are forbidden from posting content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will refrain from offering any contest, giveaway, or sweepstakes, or promotions on YAYFEEDS without our prior written consent.
    9. You are forbidden from using YAYFEEDS to do anything unlawful, misleading, malicious, or discriminatory.
    10. You are forbidden from doing anything that could disable, overburden, or impair the proper working of YAYFEEDS, such as a denial of service attack.
    11. You are forbidden from facilitating or encouraging any violations of this Statement.

  3. Registration and Account Security
    YAYFEEDS’ users provide their real information, as such, these are some commitments you will undertake in relation to registering and maintaining the security of your YAYFEEDS account:
    1. You are forbidden from providing any false personal information on YAYFEEDS, or create an account for anyone other than yourself without permission.
    2. You are forbidden from creating more than one personal profile.
    3. If your account is disabled by us, you are forbidden from creating another one without our permission.
    4. You are forbidden from using your personal profile for your own commercial gain (such as selling your community posts to an advertiser).
    5. You agree to keep your information as accurate and up-to-date as possible.
    6. You are forbidden from sharing your password or let anyone else access your account or do anything else that might put the security of your account in danger.
    7. You are forbidden from transferring your account, including any posts you have made, to anyone without seeking prior written permission from YAYFEEDS.
    8. YAYFEEDS reserves the right to remove or reclaim a username if we believe appropriate (such as when a trademark owner complains about a username - that does not closely relate to a user's actual name).

  4. Protecting Other People's Rights
    At YAYFEEDS, we respect the rights of everyone as such, by using YAYFEEDS you agree to the following:
    1. You are forbidden from posting content or taking any action on YAYFEEDS that violates someone else's rights or otherwise breaks the law.
    2. YAYFEEDS can remove any content or information you post if we believe that it violates this Statement.
    3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    4. You are forbidden from using any of our copyrights or trademarks (including Yayfeeds, the Yayfeeds and YAY Logos, YAY or NAY buttons), or any misleadingly similar marks, without our written permission.
    5. If you collect information from users, you will: obtain their consent, make it clear you (and not YAYFEEDS) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    6. You are forbidden from posting anyone's identification documents or sensitive financial information on YAYFEEDS.

5. LINKS TO THIRD PARTY SITES

5.1 YAYFEEDS may contain links to other World Web Web sites or resources operated by parties other than YAYFEEDS. Such links are provided for your convenience only and YAYFEEDS has no control over such sites and resources. By using these hyperlinks, you acknowledge and agree that YAYFEEDS is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The inclusion of such links on YAYFEEDS does not imply any endorsement of the material on those web sites or any association with their operators.

5.2 By using YAYFEEDS, you further acknowledge and agree that YAYFEEDS 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

5A. HYPERLINKS TO THIS WEB SITE FROM THIRD PARTY WEBSITES

5A.4 Under no circumstances shall YAYFEEDS be considered to be associated or affiliated in any manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that hyperlink to the Web Site or any of the contents.

5A.5 YAYFEEDS reserves all rights to disable any hyperlinks to, or frames of any web site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

5A.6 YAYFEEDS reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the Website or any of the contents.

6. ADVERTISEMENTS AND PROMOTIONS

6.1 YAYFEEDS runs advertisements and promotions on the Web Site. By using YAYEEDS, you agree that YAYFEEDS has the right to run such advertisements and promotions including the fact that the manner, mode and extent of advertising by YAYFEEDS are subject to change. Your interaction with, business dealings with, or participation in promotions of any of the advertisments found on YAYFEEDS or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YAYFEEDS accepts no responsibility for this transaction.

6.2 You agree that YAYFEEDS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

7. INDEMNITY & CENSORSHIP

7.1While YAYFEEDS encourages original content and information to be posted by registered users, YAYFEEDS does not condone any content that is abusive and copyrighted. Furthermore, YAYFEEDS does not control the nature of content posted by registered users. By using YAYFEEDS you accept that there will be instances where registered users might post abusive and copyrighted content. As such, YAYFEEDSassumes no responsibility for such actions however; YAYFEEDS will strive to remove such content, if posted, within an acceptable amount of time

7.2 You take full responsibility and liability for any and all access, use and/or misuse of this Web Site and Services made under your UserID and Password (whether or not authorised by you).

7.3 You agree to indemnify and hold YAYFEEDS, the Web Site administrators, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your content, your access to the Web Site and use of the Services, your connection to the Services, this Web Site, your violation of the Terms of Use, or your violation of any rights of another.

8. LIABILITY DISCLAIMER

8.1 The information, software, products, and services included on or through this Web Site may include inaccuracies or typographical errors. YAYFEEDS is not responsible for any such inaccuracies and/or errors, as it does not and cannot have full control on content posted on the Web Site.

8.2 YAYFEEDS may make improvements and/or changes in this Web Site at any time.

8.3 YAYFEEDS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF ANY OF THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS DELIVERED AS "AS IS" WITHOUT WARRANTY OF ANY KIND. YAYFEEDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

8.4 IN NO EVENT SHALL YAYFEEDS EVER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF YAYFEEDS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED BY LAW AND YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

8.5 YAYFEEDS is not responsible to you or any third party for your actions and activities on this Web Site (whether or not authorised by you) for any reason including without limitation, your failure to comply with the contents of the YAYFEEDS Terms of Use herein.

9. TERMINATION AND ACCESS RESTRICTION

9.1 You agree that YAYFEEDS, in its sole discretion, may terminate or restrict access to YAYFEEDS, and/or remove and discard any content within the Services, for any reason without prior notice, including, without limitation if it you are deemed to have breached any of the statements in this Terms of Use.

9.2 YAYFEEDS reserves the right to deny in its sole discretion your access to the Web Site, the Services or any portion thereof without ascribing any reason therefore and without prior notice.

10. MODIFICATION OF THESE TERMS AND CONDITIONS

10.1 YAYFEEDS reserves the right to change the terms, conditions, and notices under which this Web Site is offered, without prior notice to you.

11. GOVERNING LAW

11.1 These Terms of Use shall be governed and construed in accordance with the laws of Singapore.
This Document takes effect from 23rd December 2010.