PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING YUNDLE.COM. This site and all content, information and services accessible through it ("Yundle.com") is made available by Yundle, Inc. (Yundle) and may be used only under the following terms and conditions.
BY ACCESSING AND USING YUNDLE.COM, YOU ("User") AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement"). If User is accessing and using this website on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using Yundle.com immediately.
1.1 Grant. User is granted a non-exclusive, non-transferable, revocable, limited license to access and use Yundle.com on any single computer for personal, non-commercial use. Yundle may terminate this license without notice at any time and for any, or no, reason.
1.2 Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use Yundle.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with Yundle's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. 107). User may not alter or modify information and services provided through Yundle.com in any way except as allows. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of Yundle.com, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy Yundle.com without Yundle's prior written permission.
1.3 Intellectual Property Rights. Unless otherwise explicitly noted, all elements of Yundle.com including, but not limited to, text, articles, logos, trademarks, graphics and overall "look and feel" are the property of Yundle. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that Yundle.com is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
2 Registration. Certain sections of Yundle.com require registration to access and use information and services. If User elects to register, User agrees to provide Yundle with accurate, complete registration information. User will inform Yundle of any changes to registration information. User warrants that registration is for a single person only, and that User will not permit anyone other than User to access and use sections of Yundle.com requiring registration using User's name and password. User will not access or use Yundle.com under the User name of another individual. User is responsible for all access to and use of Yundle.com through User's name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify Yundle immediately of any unauthorized use of User's name and password, if User suspects the privacy of User's name and password has been jeopardized, or if User believes that another individual has fraudulently represented themselves as the User or as being associated with User or User's organization.
3 Publication and Use of Interactive Services.
3.1 Grant of License. By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Materials") to Yundle, including messages posted on message boards and materials published in directories on Yundle.com, User automatically grants, or warrants that the owner of the following rights has expressly granted, to Yundle, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.
3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on Yundle.com which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of Yundle.com, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally, or the Yundle Community Guidelines. Yundle may delete any of User's Posted Materials at any time, without prior notice or User's permission and at Yundle's sole discretion.
3.3 Posted Materials Attributed & Truthful. On certain sections of Yundle.com, Posted Materials submitted for publication on Yundle.com will be accompanied by User's name and shall not be submitted anonymously. User warrants that such Posted Materials will not misrepresent or obscure his or her identity or affiliation with any person or entity. Furthermore, User warrants that it will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of any User, individual, or group on Yundle.com including User's own.
3.4 No Yundle Obligation to Monitor. Yundle has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. Yundle may, and retains the right to, examine Yundle.com for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any and all warranties or representations that it will do so in any specific instance. By using Yundle.com, User acknowledges and agrees that Yundle is under no obligation to monitor, edit, or remove any Posted Materials solely upon User's insistence.
3.5 Commercial Use Prohibited. Services on Yundle.com that allow User to contact, communicate or interact with other users, Yundle or Yundle affiliates and customers ("Interactive Services") are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Materials delivered through Interactive Services without the express written permission of Yundle.
3.6 Attorney-Client Relationship & Confidentiality. User acknowledges that no attorney-client relationship is, or will be, formed through the use of Interactive Services, and that User has no expectation of privacy or confidentiality of communications occurring through Interactive Services. The hiring of an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, or other Posted Materials contained on Yundle.com or any other website.
4 Businesssed and Professionals. If User is a Business or Profreesional participating in any aspect of Yundle.com, including but not limited to Interactive Services, User acknowledges that all information provided to Yundle is true. Yundle disclaims all responsibility for User's compliance with these rules.
5 No Legal Advice or Practice of Law. Yundle.com provides information on law and legal topics and is designed for informational purposes only. User acknowledges that under no circumstances is Yundle, its agents, affiliates or customers, providing legal advice or representation through Yundle.com, and that nothing on Yundle.com is intended as a substitute for legal advice from an attorney.
5(a) No Endorsement of Businesses or Professionals. Yundle does not select, approve, or otherwise endorse any Business or Professional listed or marketed on Yundle.com. Any and all such recommendations or Posted Materials are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, Yundle expressly disclaims any representation or warranty that such Posted Materials are correct or reliable. UNDER NO CIRCUMSTANCE SHALL Yundle HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH Yundle.com. SUCH RELIANCE SHALL BE SOLELY AT USER'S OWN RISK.
6 Third Party Content. Third party content, messages and services may appear on Yundle.com or may be accessible through links from Yundle.com. Yundle is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from Yundle.com. User acknowledges that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, Yundle.
7 Advertisers & Sponsors. User acknowledges that Yundle.com may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on Yundle.com is accurate and complies with any and all applicable laws. User agrees that Yundle will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
8 Digital Millennium Copyright Act Notice. Yundle has registered an agent with the United States Copyright Office as outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. 512). Upon notice of alleged copyright infringement, Yundle will remove or block access to the material, provide notice to the user who posted the material and proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C. 512). Yundle may block access to areas of its site to repeat infringers. All notices of alleged copyright infringement through Yundle.com should be sent to:
Yundle Copyright Services
3720 Flowood Drive
Flowood, MS 39232
9 Othr sites. All usage of other sites as a result of linkage from Yundle.com is governed by the terms of the applicable website.
10 DISCLAIMER OF WARRANTIES. Yundle.com IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Yundle DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. Yundle MAKES NO WARRANTY THAT ACCESS TO Yundle.com OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Yundle DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF Yundle.com, INCLUDING BOTH Yundle AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH Yundle.com, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN Yundle.com, (C) THE UNAVAILABILITY OF Yundle.com OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF Yundle.com.
11 LIMITATION OF LIABILITY. USER'S EXCLUSIVE REMEDY AND Yundle'S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF Yundle.com WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC Yundle.com FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Yundle, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE Yundle.com PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY Yundle, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON Yundle.com DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE Yundle.com, EVEN IF Yundle, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Yundle SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
11(a) Indemnification. User agrees to defend, indemnify, and hold Yundle, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney's fees) made by any third party and arising from any content User posts, submits, transmits or otherwise makes available through Yundle.com, User's violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
12 Limitation of Claims. Except for claims relating to improper use of Yundle.com, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
12(a) User disputes. User is solely responsible for its interactions with other Yundle.com users. Yundle retains the right, but expressly disclaims any+N6 obligation, to become involved in any dispute between User and any other users of Yundle.com.
14 Entire Agreement. This Agreement embodies the entire understanding between User and Yundle with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
15 Force Majeure. Yundle's performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
16 General Provisions. This Agreement will be governed by and construed under the law of the state of Mississippi, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Mississippi will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
Updated November 1, 2013