Terms of Use

These terms of use (“Terms of Use”) set forth the basis on which you are permitted to access and use the yedda.com service and any tools made publicly available by Yedda (the “Yedda Service”). Please read the terms of use carefully before using the Yedda Service. By accessing and using the Yedda Service in any way, including, without limitation, browsing this website, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use or access the Yedda Service in any manner. Yedda, Inc. (“Yedda”) reserves the right to update these Terms of Use at any time without the requirement of any notice to you.

THE YEDDA SERVICES AND OWNERSHIP ISSUES

Please be aware that using the Services is in no way a substitute for professional advice.

The Yedda Services are intended to provide users with a platform for sharing and exchanging information, knowledge, reviews and opinions on various topics. This website contains information and various graphical and illustrated content, provided by our users (“Content”). With the exception of the Content contained herein, all rights, including without limitation, all copyrights, trademarks, trade secret, trade dress, logos, design, and other intellectual property rights in and to the Yedda Services, are and shall remain the sole and exclusive property of Yedda or its registered and authorized third party content providers, and it is hereby asserted that Yedda or its such third party content providers, are the sole and exclusive owner of all intellectual property rights (including without limitation, in and to any and all patents (registered or pending), copyright, trademark, trade secret, trade dress, logos, design, and any other such similar rights) associated/connected/related to the Yedda Services, including any moral rights therein.

USE OF WEBSITE CONTENT

The Yedda Services are primarily based on Content provided by our users. Kindly be advised that you are strictly forbidden from posting any Content which you know to be false, inaccurate, misleading, defamatory, or libelous (including personal information), or Content which may contain viruses or any other technological means that may harm the users, Yedda Services and/or this website, or the interests or property of Yedda and its users.

Yedda supports Creative Commons licensing methods (for further information on Creative Commons please visit the Creative Commons website at www.creativecommons.org).By posting Content on this website, you hereby specifically grant all users of the Yedda Services an "Attribution Non-Commercial ShareAlike 2.5 (by-nc-sa)" license to use your Content in accordance with the terms of such license ("("Content License") You further acknowledge and agree that the Content License you grant to other users of the Yedda Services with respect to your own Content is the same license you are granted with respect to other users' Content. We strongly recommend that you review the terms of the Content License before you begin using the Yedda Services, which are found at http://creativecommons.org/licenses/by-nc-sa/2.5/, as such terms may be updated from time to time. In addition to the license you grant other Yedda Services users, you hereby grant to Yedda, and you represent and warrant that you have the right to grant to Yedda, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly display, digitally perform, and distribute such Content for any purpose whatsoever, including any commercial purposes, as well as the right to prepare derivative works of and/or incorporate such Content into other works.
By using the Yedda Services you hereby agree to the license terms set forth above. If you do not agree to such terms please do not use the Yedda Services

Yedda reserves the right at all times to disclose any Content received from you as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with these terms of use.

ABUSIVE CONTENT

You understand and agree that Yedda may review and delete any Content that under YeddaTMs sole discretion violates these Terms of Use or which might be offensive, illegal, or violate the rights of, harm, or threaten the safety of other users of the Yedda Services. In addition, each user may notify Yedda that it considers certain Content to be abusive and offensive and provide reasons supporting such notification. Yedda undertakes to temporarily remove from the website any Content with respect to which at least two (2) abusive-Content reports were received from different users and examine such Content. In the event Yedda determines that such removed Content is in fact abusive, at Yedda's sole discretion, such Content shall be removed permanently from the website. Yedda further reserves the right to terminate your access to the website at any time, without notice, in the event of continuous uploading of abusive Content.

NO UNLAWFUL OR PROHIBITED USE

You may not use the Yedda Services for any purpose that is unlawful or prohibited by applicable law or the terms and conditions provided herein or in any other manner that could damage, disable, overburden or otherwise impair any Yedda server or the network(s) connected to any Yedda server, or interfere with any other person’s use and enjoyment of the Yedda Services. You may not attempt to gain unauthorized access to the Yedda Services or any part thereof, or the computer systems or networks connected to any Yedda server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Yedda Services.

WEBSITE USE ELIGIBILITY

The Yedda service is intended for a general audience, and children under the age of thirteen are not permitted to register to Yedda. By using the Yedda Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

LINKS

This website may contain links to third party websites. Yedda is not responsible in any manner for the content of such websites and, moreover, makes no recommendation or endorsement as to such websites or the products or services offered thereon.

USAGE OF YEDDA WIDGETS & APIs

Widgets and APIs are any tools made publicly available by Yedda to allow use of the Yedda Services from outside of the Yedda.com domain.

Widgets & APIs may be used in the form, scope and functionality as made available by Yedda from time to time, subject to the following terms:

Your right to use the Widgets & APIs is non-transferable, non-exclusive, limited and without the right to sub-license. You are not authorized to alter the attribution "powered by Yedda" as included by Yedda in each Widget, or include this attribution in a prominent location next to the displayed content in the case of APIs. You shall be responsible for all customization and construction of the required changes to Your Site.

You are not permitted to use the Yedda Widgets or APIs in any manner that is disparaging or that otherwise portrays Yedda or anyone else negatively.

Integrating Yedda's services and Content to Your Site - Setting Up Links:

  You may reorganize the Yedda Widgets or Content obtained through the APIs in different layouts and color scheme, but You may not modify the Widget code ("Code"), or alter, modify or change the Yedda Content in any way whatsoever.

You may not advertise Yedda's Site in any way not authorized herein or not approved in advance by Yedda including, without limitation, the use of the Code in connection with site-scraping, spam e-mails, blog spamming or any other illegal or unethical marketing practices. Subject to the foregoing, You may provide links to Yedda's Site or promote the Services in any manner You deem appropriate, unless we instruct You otherwise.

Reservation of Rights.

  Yedda may make any use whatsoever in content originated by you and/or Your Users. Without limiting the generality of the foregoing, Yedda is entitled, due to violation of Yedda's Terms of Use or for any other reason at Yedda's sole discretion, at any time, without liability of any kind, Yedda shall be entitled to take such measures as to render inoperative the Code used by You and/or to discontinue and/or remove from Yedda's site: (i) any specific user; and (ii) any content originated by You and/or Your Users, whether in whole or in part. In addition, You shall be obligated to purge/expunge/remove/delete the Content, content copied from Yedda originated by You and/or your users and/or any part thereof from Your Site, if such content is in violation of Yedda's Terms of Use, as updated from time to time, or in the event that Yedda explicitly request from You to remove certain Content (or any part thereof). Yedda further reserves the right to terminate any one of Your Users access to Yedda's website at any time, without notice, in the event of continuous uploading of abusive Content.

Yedda reserves the right to withhold or refuse the usage of the Widgets by any web site, newsletter, company, or individual for any reason, whatsoever.

Yedda may refer to Your Site and your use of Widgets in any marketing materials or on Yedda Services.

Your Undertakings.

  You will be solely responsible for the technical operation of Your Site and the accuracy and appropriateness of materials posted on therein. You agree that you will not, in any way or form, copy or resemble the look and feel of Yedda's site.

You may not use the Yedda Services for any purpose that is unlawful or prohibited by applicable law or the terms and conditions provided herein or in any other manner that could damage, disable, overburden or otherwise impair any Yedda server or the network(s) connected to any Yedda server, or interfere with any other person’s use and enjoyment of the Yedda Services. You may not attempt to gain unauthorized access to the Yedda Services or any part thereof, or the computer systems or networks connected to any Yedda server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Yedda Services.

Indemnification

  You will indemnify and hold Yedda and any of Yedda’s or Yedda’s subsidiaries’ officers, directors, agents, shareholders, affiliates, consultants, employees, successors and assigns, harmless from all claims, damages, losses, and expenses (including, without limitation, attorney’s fees and expert witness fees), of any nature whatsoever, relating to Your Site, including without limitation, the development, operation, maintenance, and contents of Your Site or any materials, products or services linked to therein, and/or any breach by You of Yedda's Terms of Use. You hereby acknowledge that your use of Widgets and APIs shall reflect on Yedda and has the potential to cause substantial damage to Yedda’s reputation and goodwill and that you shall at all times consider the goodwill and reputation of Yedda and Yedda’s name.

Fraud and illegal and inappropriate content

Yedda ACTIVELY monitors traffic for Fraud. If we, at our sole discretion, detect OR determine Fraud, your account will be made inactive pending further investigation.

It is your obligation to prove to Yedda that you are NOT committing fraud. Yedda will hold your account in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system.

You guarantee that all content, products, and services on Your Site are legal to distribute and that you own or have the legal right to use any and all copyrighted material. Without derogating from the above, in order to be eligible to use the Yedda Widgets, Your Site, its contents and/or your newsletter cannot support illegal activity whatsoever and/or infringe on any third-party's rights, including without limitation, intellectual property rights. For instance, Your Site must meet the following criteria:

  • Be content-based, not simply a list of links or advertisements.
  • Cannot be 'point, lottery, or rewards' based, encouraging users to click on advertisers' banners or use them to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from Yedda; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
  • The content of the web site cannot contain any unlawful or inappropriate content nor link from, or to, any unlawful or inappropriate content including but not limited to:
    • Explicit, vulgar or obscene language
    • Posting or referencing of sexually explicit images or other offensive content
    • Promotion of adult services, such as phone sex or escort services
    • Racial, ethnic, political, hate-mongering or otherwise objectionable content
    • Investment, money-making opportunities or advice not permitted under law
    • Gratuitous violence or profanity
    • Material that defames, abuses, or threatens physical harm
    • Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
    • Software Pirating, , Hacking or Phreaking
    • Any spoofing, redirecting, or trafficking from adult-related web sites in an effort to gain traffic

If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by Yedda, such as pre-population of forms or mechanisms not approved by Yedda) your account will be terminated.

SPAM EMAIL

Yedda would be irreparably harmed by the use, by you or others, of the Yedda Services or any part thereof in connection with the transmission of spam or unsolicited email in violation of the terms of use as provided herein, and Yedda is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity).

EXPORT ADMINISTRATION LAWS AND REGULATIONS

You acknowledge and agree that material on the website may be subject to certain export laws and regulations. Diversion of such material contrary to any applicable export law and/or regulation is prohibited. You agree that none of the material on the website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals.

DISCLAIMER

We wish to make it clear that using the Yedda Services is by no means a substitute for seeking and receiving professional advice, including, without limitation, advice related to any medical issues and/or conditions whatsoever. Further, kindly be aware that Yedda does not control the Content posted by its users via the Yedda Services. Any information and Content are provided on an “As Is” basis, and Yedda does not provide any warranty whatsoever, whether express or implied, with respect to the accuracy, integrity, quality, merchantability, or non infringement of such information and Content. You understand that by using the Yedda Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yedda be liable in any way for any Content, including any errors, inaccuracies, or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Yedda Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

LIMITATION ON LIABILITY

WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN, YOU HEREBY ACKNOWLEDGE THAT THE YEDDA SERVICES AND THIS WEBSITE, IN THEIR CURRENT FORM ARE BETA PROTOTYPE PRODUCTS THAT HAVE NOT BEEN FULLY TESTED, AND THAT DUE TO THE NATURE OF THE BETA VERSION OF THE YEDDA SERVICES AND THIS WEBSITE, THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE YEDDA SERVICES AND THIS WEBSITE REMAINS WITH YOU. MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YEDDA, ITS OFFICERS, DIRECTORS AND/OR EMPLOYEES, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE YEDDA SERVICES AND THIS WEBSITE, INCLUDING BUT NOT LIMITED TO FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY YOU AND/OR ANY ENTITY AND/OR PERSON ARISING FROM AND/OR RELATED/CONNECTED TO ANY USE OF THE YEDDA SERVICES AND THIS WEBSITE, EVEN IF YEDDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RELATIONSHIP OF PARTIES

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you/your company/Your Site and Yedda.

GOVERNING LAW AND JURISDICTION

Your use of the Yedda Services and these terms of use shall be governed in all respects by the law of the State of New York, without giving effect to its conflict of laws provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that any action brought against Yedda arising out of or relating to the Yedda Services or these terms of use may be brought only before the courts of New York, New York.

Copyright © 2006-2008, Yedda Inc. and respective copyright owners