1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the YESINDEED domain name, the ” YESIND.ORG Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2)YESINDEED’s privacy notice, found at http://www.YesIND.ORG/privacy and incorporated here by reference. If you do not agree to any of these terms, the YESINDEED’s privacy notice, please do not use the YESINDEED Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.YesIND.ORG/terms). YESINDEED may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. YESINDEED Website
A. These Terms of Service apply to all users of the YESINDEED Website, including users who are also contributors of picture and video content, information, and other materials or services on the Website. The YESINDEED Website includes all aspects of YESINDEED.
B. The YESINDEED Website may contain links to third party websites that are not owned or controlled by YESINDEED. YESINDEED has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YESINDEED will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve YESINDEED from any and all liability arising from your use of any third-party website.
3. YESINDEED Accounts
A. In order to access some features of the Website, you will have to create a YESINDEED account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YESINDEED immediately of any breach of security or unauthorized use of your account.
B. Although YESINDEED will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YESINDEED or others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions
YESINDEED hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without YESINDEED ‘s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to YESINDEED’s Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or YESINDEED Content through any technology or means other than the video playback pages of the Website itself, the YESINDEED Embeddable Player, or other explicitly authorized means YESINDEED may designate.
D. You agree not to use the Website, including the YESINDEED Embeddable Player for any commercial use, without the prior written authorization of YESINDEED. Prohibited commercial uses include any of the following actions taken without YESINDEED ‘s express approval:
F. If you use the YESINDEED Embeddable Player on your website, you must include a prominent link back to the YESINDEED website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the YESINDEED servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YESINDEED grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YESINDEED reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, YESINDEED Community Guidelines, and all applicable local, national, and international laws and regulations.
I. YESINDEED reserves the right to discontinue any aspect of the YESINDEED Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the YESINDEED Website.
A. The content on the YESINDEED Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to YESINDEED, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. YESINDEED reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the YESINDEED Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the YESINDEED Service or otherwise as prohibited under this Agreement.
D. You may access YESINDEED Content, User Submissions and other content only as permitted under this Agreement. YESINDEED reserves all rights not expressly granted in and to the YESINDEED Content and the YESINDEED Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the YESINDEED Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the YESINDEED Website or the Content therein.
G. You understand that when using the YESINDEED Website, you will be exposed to User Submissions from a variety of sources, and that YESINDEED is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YESINDEED with respect thereto, and agree to indemnify and hold YESINDEED, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a YESINDEED account holder you may submit picture and video content and textual content (“User Comments”). User Pictures and Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, YESINDEED does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YESINDEED to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YESINDEED, you hereby grant YESINDEED a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YESINDEED Website and YESINDEED‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the YESINDEED Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YESINDEED Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Pictures and Videos from the YESINDEED Service. You understand and agree, however, that YESINDEED may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YESINDEED all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the YESINDEED Community Guidelines.
F. YESINDEED does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YESINDEED expressly disclaims any and all liability in connection with User Submissions. YESINDEED does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YESINDEED will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. YESINDEED reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. YESINDEED will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. YESINDEED reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. YESINDEED may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, YESINDEED may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YesINDEED’s sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YESINDEED WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YESINDEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YESINDEED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YESINDEED WEBSITE. YESINDEED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YESINDEED WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YESINDEED 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 WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL YESINDEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YESINDEED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT YESINDEED SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by YESINDEED from its facilities in the United States of America. YESINDEED makes no representations that the YESINDEED Website is appropriate or available for use in other locations. Those who access or use the YESINDEED Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless YESINDEED, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the YESINDEED Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the YESINDEED Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the YESINDEED Website is not intended for children under 18. If you are under 18 years of age, then please do not use the YESINDEED Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by YESINDEED without restriction.
You agree that: (i) the YESINDEED Website shall be deemed solely based in New Jersey; and (ii) the YESINDEED Website shall be deemed a passive website that does not give rise to personal jurisdiction over YESINDEED, either specific or general, in jurisdictions other than New Jersey. These Terms of Service shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and YESINDEED that arises in whole or in part from the YESINDEED Website shall be decided exclusively by a court of competent jurisdiction located in Mount Laurel, New Jersey. These Terms of Service, together with the Privacy Notice athttp://www.YesIND.ORG/privacy and any other legal notices published by YESINDEED on the Website, shall constitute the entire agreement between you and YESINDEED concerning the YESINDEED Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YESINDEED’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YESINDEED reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the YESINDEED Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND YESINDEED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YESINDEED WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
15. Acceptance of terms through use
16. Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of YESINDEED, and you acknowledge that YESINDEED is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by YESINDEED or any association with its operators.
17. Proprietary Rights
18. User’s Grant of Limited License
By posting or submitting content to this site, you:
1. Grant YESINDEED and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by YESINDEED will not infringe or violate the rights of any third party.
19. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. YESINDEED, ITS SUBSIDIARIES, AND ITS LICENCOR’S DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
20. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL YESINDEED, ITS SUBSIDIARIES, OR ITS LICENSOR’S BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YESINDEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, YESINDEED’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by YESINDEED, you agree to defend, indemnify, and hold harmless YESINDEED and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. YESINDEED reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with YESINDEED in asserting any available defenses.
22. International Use
YESINDEED makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
23. Choice of Law and Forum
24. Severability and Integration
YESINDEED reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.