TERMS AND CONDITIONS OF USE
Effective April 15, 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE SERVICES.
1.ACKNOWLEDGEMENT AND ACCEPTANCE
c. The Services are controlled and offered by Yonder from its facilities in the United States of America. Yonder makes no representations that the Services are appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access the Services, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Services or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
2. MOBILE APP Terms
a. Yonder may provide the App using one or more distributors, such as Apple Inc. (“Apple”), or others (collectively “Distributors”). You acknowledge that this Agreement is between You and Yonder only, and not with the Distributor, and that the Distributor has no responsibility whatsoever for the App and the content thereof.
b. By downloading the App through Apple, Yonder grants to you a non-transferable license to use the App on any iPhone, iPod Touch or iPad that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (as provided by Apple).
c. You acknowledge and agree that our Distributors and affiliates may be third party beneficiaries of this Agreement, and that, upon Your acceptance of the Terms and Conditions of the Agreement, our Distributor will have the right (and you will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
d.You acknowledge that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Yonder, not our Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
e.You acknowledge that our Distributors are not are responsible for addressing any claims of Yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You acknowledge that Yonder is solely responsible for providing maintenance and support services with respect to the App, as specified under this Agreement or as required under applicable law. Our Distributors, including specifically Apple, have no obligation whatsoever to furnish maintenance and support services with respect to the App.
3.ACKNOWLEDGEMENT OF LICENSE GRANT AND Services Content.
4. ELIGIBILITY and registration
Certain features of the Services may be made available by Yonder to individuals (each, a “Member”) that complete the registration form and can form legally binding contracts under applicable law. In order to use the Member Area, a Member must: (a) provide certain current, complete, and accurate information about the Member as entered on the registration form (“Registration Data”); (b) maintain and update the Registration Data as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (d) provide for the Member’s own access to the World Wide Web; and (e) pay any telephone or other service fees associated with such access. Yonder retains the right to terminate a Member’s account and Member’s rights to use the Services provided to Members if any Registration Data that Member provides is untrue, inaccurate, not current, or incomplete, or if Yonder has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current, or incomplete.
5. Account PASSWORD AND SECURITY
6. USER CONDUCT
You agree that when using the Services, You will act in a manner consistent with the goals of the Services, and by way of example, and not as a limitation, You specifically agree that: a. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law. b. You will not post information on or download information from the Services unless You have all rights and authority necessary to do so. c. You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Services, including but not limited to, text, graphics, audio, and video files. d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of Yonder. You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited. e. You will not impersonate another person or entity, including but not limited to, a Yonder representative, or communicate under a false name or a name that You are not entitled or authorized to use. f. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content. g. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Services. h. You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. i. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Yonder servers, Yonder software, or any areas of the Site or Services not intended for Your access. j. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Yonder for such purposes. k. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles. l. Yonder neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Services.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Services, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Yonder. Yonder has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities. If You believe Your account or Your access to the Services has been terminated in error, please contact us. Yonder shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Services.
7. Public Areas.
a. If You use a public area of the Services where Members and Users are allowed to post communications or other content (“Public Area”), You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found in the Public Area. Yonder is not responsible for the consequences of any communications in the Public Area. Yonder attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, Yonder cannot and does not monitor the Public Area at all times and makes no guarantee with respect to Your experience in such area. Anyone who feels that a posted message or image is objectionable is encouraged to notify Yonder immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
9. USER CONTENT
a. As a Member, or other User, You may submit content, including images, video, sound files, and text (collectively, “User Content”). You understand that whether or not such User Content is published, Yonder does not guarantee any confidentiality with respect to any User Content.
d. You further agree that (i) You will not submit content 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 Yonder all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.
10. Copyright Notification
Yonder does not permit copyright infringing activities and other infringement of intellectual property rights through its Services, and Yonder will remove all Content and User postings if properly notified that such Content or User postings infringe on another’s intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User posting or other Content displayed or otherwise used in connection with the Services infringes upon or otherwise conflicts with 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): a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; d. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address; e. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact Yonder’s designated Copyright Agent at (802) 332-6201 to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Yonder through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
Yonder, Yonder logo, Yonder LLC, YONDER and other product and service names of Yonder are trademarks of Yonder (the “Yonder Marks”). You agree not to display, reproduce or otherwise use in any manner any Yonder Marks without Yonder’s prior written permission.
The Site may provide links to other websites or resources. Yonder is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Yonder 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, products or services available on such external sites or resources. Yonder provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the website or other resource.
13. DISCLAIMER OF WARRANTIES
a. THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. YONDER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YONDER MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, NOR DOES YONDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICES.
b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YONDER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
14. LIMITATION OF LIABILITY
a. YONDER SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SERVICES TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF YONDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE DISTRIBUTOR FROM WHOM YOU OBTAINED THE APP AND THAT DISTRIBUTOR WILL REFUND THE PURCHASE PRICE OF THE APP TO YOU. OUR DISTRIBUTORS WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER POSSIBLE CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YONDER’S SOLE RESPONSIBILITY.
d. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
15. Unsolicited Idea Submission Policy
Yonder is pleased to hear from Users and welcomes Your comments and feedback regarding the Services. However, Yonder does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/service names. Please do not send Yonder such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when Yonders services, products or marketing strategies appear similar to ideas submitted to Yonder. All such submissions to Yonder are considered the property of Yonder. Yonder does not have an obligation to protect the confidentiality of any such submission. Yonder will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to You or any third party provider of such submission.
17. Modification, Waivers, Integration
19. NO RESALE OF THE SITE
Your right to use the Services is personal to You. You agree not to reproduce, duplicate, copy, sell or resell the Services, without the express written consent of Yonder.
21. Governing Law, Jurisdiction, Etc
22. Third Parties
23. Partial Invalidity
24. Section Headings
Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.
You acknowledge that You have read and understand this Agreement, and that this Agreement has the same force and effect as a signed agreement.
26. CONTACT INFORMATION
If you have any questions, complaints, or claims regarding the App or Site, please use the contact information below:
700 Colorado Blvd
Denver, Colorado 80206