BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the YoYoing.com domain name, the "YoYoing.com Website",
or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the
"Terms of Service"). If you do not agree to any of these terms, then
please do not use the YoYoing.com Website.
2. YoYoing.com Website
These Terms of Service apply to all users of the YoYoing.com Website,
including users who are also contributors of video content, information,
and other materials or services on the Website. The YoYoing.com Website
may contain links to third party websites that are not owned or controlled
by YoYoing.com. YoYoing.com has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, YoYoing.com will not and cannot censor
or edit the content of any third-party site. By using the Website, you
expressly relieve YoYoing.com from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be aware
when you leave the YoYoing.com Website and to read the terms and
conditions and privacy policy of each other website that you visit.
3. Website Access
A. YoYoing.com hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the Website
as permitted is solely for your personal, noncommercial use; (ii) you will
not copy or distribute any part of the Website in any medium without
YoYoing.com's prior written authorization; (iii) you will not alter or
modify any part of the Website other than as may be reasonably necessary
to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to
create an 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 YoYoing.com immediately of any breach of security or unauthorized
use of your account. Although YoYoing.com will not be liable for your
losses caused by any unauthorized use of your account, you may be liable
for the losses of YoYoing.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the
YoYoing.com servers in a given period of time than a human can reasonably
produce in the same period by using a convention on-line web browser.
Notwithstanding the foregoing, YoYoing.com grants the operators of public
search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials. YoYoing.com
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 for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User
Submissions.
4. Intellectual Property Rights
The content on the YoYoing.com 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 YoYoing.com, subject to copyright
and other intellectual property rights under United States and foreign
laws and international conventions. Content on the Website is provided to
you AS IS for your information and personal use only and may not be used,
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. YoYoing.com reserves
all rights not expressly granted in and to the Website and the Content.
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,
ordistribution of User Submissions of third parties obtained through the
Website for any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the
YoYoing.com Website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the YoYoing.com Website or
the Content therein.
5. User Submissions
A. The YoYoing.com Website may now or in the future permit the submission
of videos or other communications submitted by you and other users ("User
Submissions") and the hosting, sharing, and/or publishing of such User
Submissions. You understand that whether or not such User Submissions are
published, YoYoing.com does not guarantee any confidentiality with respect
to any 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: (i) you own or
have the necessary licenses, rights, consents, and permissions to use and
authorize YoYoing.com 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; and (ii)
you have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service. For clarity, you retain all of
your ownership rights in your User Submissions. However, by submitting the
User Submissions to YoYoing.com, you hereby grant YoYoing.com 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 YoYoing.com Website
and YoYoing.com's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the YoYoing.com
Website (and derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the YoYoing.com
Website a non-exclusive license to access your User Submissions through
the Website, and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The
foregoing license granted by you terminates once you remove or delete a
User Submission from the YoYoing.com Website.
C. In connection with User Submissions, you further agree that you will
not: (i) 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
YoYoing.com all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage YoYoing.com or any
third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person. YoYoing.com does not endorse any
User Submission or any opinion, recommendation, or advice expressed
therein, and YoYoing.com expressly disclaims any and all liability in
connection with User Submissions. YoYoing.com does not permit copyright
infringing activities and infringement of intellectual property rights on
its Website, and YoYoing.com will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. YoYoing.com reserves the right to
remove Content and User Submissions without prior notice. YoYoing.com will
also terminate a User's access to its Website, if they are determined to
be a repeat infringer. A repeat infringer is a User who has been notified
of infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. YoYoing.com also 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. YoYoing.com 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.
D. In particular, 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):
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) 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
(vi) 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.
YoYoing.com's designated Copyright Agent to receive notifications of
claimed infringement is: Gregory Cohen, Po Box 2584, Tallahassee, Fl
32316, email: infinite(at)pd.net, FAX 850-668-5825. For clarity, only DMCA
notices should go to the Copyright Agent; any other feedback, comments
should not go here.
E. You understand that when using the YoYoing.com Website, you will be
exposed to User Submissions from a variety of sources, and that
YoYoing.com 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 YoYoing.com with respect thereto,
and agree to indemnify and hold YoYoing.com, 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.
F. YoYoing.com permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, YoYoing.com provides
an "Embeddable Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on
the Website, provided that you include a prominent link back to the
YoYoing.com website on the pages containing the Embeddable Player.
YoYoing.com reserves the right to discontinue any aspect of the
YoYoing.com Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YOYOING.COM WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOYOING.COM, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOYOING.COM
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 OMISSIONSIN 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 YOYOING.COM WEBSITE.
YOYOING.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE YoYoing.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND YOYOING.COM 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.
7. Limitation of Liability
IN NO EVENT SHALL YOYOING.COM, 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
YoYoing.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER ORNOT 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 YOYOING.COM 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 YoYoing.com from its facilities
in the United States of America. YoYoing.com makes no representations that
the YoYoing.com Website is appropriate or available for use in other
locations. Those who access or use the YoYoing.com Website from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless YoYoing.com, 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 YoYoing.com 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 YoYoing.com Website.
9. 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 13, as the YoYoing.com
Website is not intended for children under 13. If you are under 13 years
of age, then please do not use the YoYoing.com Website
ۉ
”there are lots of other great web sites for you. Talk to your parents
about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by YoYoing.com
without restriction.
11. General
You agree that: (i) the YoYoing.com Website shall be deemed solely based
in Florida; and (ii) the YoYoing.com Website shall be deemed a passive
website that does not give rise to personal jurisdiction over YoYoing.com,
either specific or general, in jurisdictions other than Florida. These
Terms of Service shall be governed by the internal substantive laws of the
State of Florida, without respect to its conflict of laws principles. Any
claim or dispute between you and YoYoing.com that arises in whole or in
part from the YoYoing.com Website shall be decided exclusively by a court
of competent jurisdiction located in Leon County, Florida. These Terms of
Service and any other legal notices published by YoYoing.com on the
Website, shall constitute the entire agreement between you and YoYoing.com
concerning the YoYoing.com 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 YoYoing.com's failure to assert any right or provision under
these Terms of Service shall not constitute a waiver of such right or
provision. YoYoing.com 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 YoYoing.com
Website following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND YoYoing.com
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
YOYOING.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
