1. 1. General
1.1. In these Terms, the singular shall imply the plural, and vice versa. Headings are included for ease of reading only, and should not be interpreted as having any other meaning.
1.2. The YellowDot website, software and services (hereinafter: “the Website”; “the Services”; “the Software”) is operated by YellowDot Ltd (hereinafter: “YellowDot”).
1.3. YellowDot may shut down the Services or change from time to time the Services’ structure and appearance or the availability of Services and content provided by it without giving any advance notice. In addition, the information obtained using the Services may not be accurate. For these reasons, no claim, suit or demand will be made against YellowDot or any of its behalf in this context.
1.4. The Software and its Materials may not operate properly, be in final form or fully functional, and may contain errors, design flaws or other problems; YellowDot does not guarantee that the Services provided by it will not be interrupted, will be given regularly and continuously without interruptions, and/or will be immune to illegal access to the user’s computers, damages, faults, malfunctions, software, hardware or communication infrastructure errors in the Software and/or that of any of its suppliers, or that it will be not be damaged in any other way, and will not be responsible for any damages, whether direct or indirect, physical illness, mental anguish, etc, caused to the Software user or his/her property as a result thereof.
1. 2. Membership
2.1. Using the basic features of YellowDot is free of charge. However, YellowDot may offer in the future increased functionality, either unique or periodically, that may require payment. In those cases, special provision regarding payment methods shall be published by these Terms.
2.2. In order to use the Software, a person must be an adult of at least 13 years of age (a minor using the Software shall be considered to have received his/her parents’/guardians’ permission to use), with a valid internet email address (whose address shall be given at the time of registering/ordering/purchasing on the Software), and who has a residential address.
2.3. Following the Software registration process, the user’s details will be kept by YellowDot, in order for him to be able to check them at any time, track the status of his order, and changes or update them. Unless the user chooses otherwise, the registration process constitutes the user’s approval for his inclusion in YellowDot’s customer list, and his consent to receive advertisement emails on Software Products.
2.4. YellowDot reserves the right to cancel and/or to deny any person the right to use the Services (or to make purchases on the paid features of the Software in the future), including in case it arises that the use was accompanied by illegal activities by the user, and is not obligated to provide any explanation for such a decision.
2.5. YellowDot, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in the Software at any time.
2.6. Users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the user’s account or password.
1. 3. User’s Content
3.1. A user may share, upload, post to, or transmit, display, perform or distribute content, pictures, materials or information etc. (the: “User Content”).
3.2. Users undertake not to upload or publish in the Software any content that deems to be:
3.2.1. Harmful, hateful, vulgar, threatening, abusive, harassing, pornographic, obscene, libellous, or otherwise objectionable;
3.2.2. Infringing upon any third party Intellectual Property, including patents, trademarks, trade secrets, copyrights or other proprietary rights of any party;
3.2.3. Contradicting applicable law or any contractual or fiduciary relationships;
3.2.4. Unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation;
3.2.5. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3.2.6. Impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
3.2.7. Intimidate or harass another user; or, use or attempt to use another user’s account, service or system, or create a false identity on the Software.
3.3. Users of the Software are solely responsible for Content they share, for transactions they execute with other users (either monetary or not) and for any other interactions with other users, including those they collaborate with whether on or off the Services. YellowDot is not responsible for enforcing Terms or arbitrating, hearing or settling disputes that may arise between users. YellowDot reserves the right, but has no obligation, to monitor disputes between Users of the Software.
3.4. User acknowledges and approves, that contents that were uploaded by him to the WebSite may still be used by YellowDot and/or by other members of the Software during his membership period and even after terminating user’s account (for any reason), without limitation of time, and no claim, suit or demand will be made against YellowDot in this context. This approval is deemed to be a perpetual, fully paid-up, worldwide, sub-licensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use User Content in connection with the operation of the Website, Services or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. User hereby waives any claims arising from or relating to the exercise by YellowDot of the rights granted under this section, and will not be compensated for any exercise of the license granted under this section.
1. 4. Intellectual Property
4.1. Copyrights, distribution rights, trade secrets, trademarks and all intellectual property of any kind, whether in regard to the design and layout of the Software and/or in regard to its content and provided information (hereinafter the “Materials”), are YellowDot’s exclusive property, and using the Software does not give any license and/or right in the Software’s contents and/or part thereof other than specifically indicated herein. No copying and/or duplication and/or distribution and/or publication and/or any commercial use may be made of any part of the Software and/or the Materials, whether directly or indirectly, whether in design, code or any other way, without YellowDot’s prior written approval.
4.2. YellowDot provides the Materials under a non-transferable, non-exclusive, license only for the personal use of an individual user who signed onto the Software’s services. A user is not permitted to use the Material for a commercial mean, or to transfer it to any third party. Any copying, modifying, assignment, transfer, sale, reprinting, sublicensing, publishing, or other distribution of the Materials is prohibited without the prior written consent of YellowDot. A user may not copy, modify, reverse engineer, translate, port, or make derivative works of the Materials. A user may not sell, assign, lease, rent, sublicense, market, disclose, publish, or transfer the Materials. A user may not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation, or any other means. The user will not alter or remove any copyright notice or proprietary legend contained in or on the Materials.
4.3. The license herein is effective until terminated by user or by YellowDot. Users’ rights under this license will terminate automatically without notice in case a user fails to comply with any of the Terms. Upon termination of the license, user shall cease all use of the Software, and destroy all his copies, full or partial, of it.
4.4. The name YellowDot and YellowDot’s trademarks (whether registered or not) are all the exclusive property of YellowDot. No use of these trademarks may be made without receiving YellowDot’s prior written approval.
4.5. Advertisements presented on the Software, if any, are the property of the advertiser, and therefore, any use of advertisements which constitutes a violation of the advertiser’s rights is prohibited.
4.6. All users must comply with all applicable national and international copyright and similar laws and must not infringe on the rights of others. YellowDot does not monitor in any manner whether users are complying with those laws or honouring those rights, and is not responsible for protecting the copyright, license or other similar rights of any user.
4.7. YellowDot takes the infringement of the intellectual rights of others seriously, and shall take seriously any attempt to use the Software as a means to infringe or harm the intellectual rights of others. Therefore, a user believes that any material on the Software violates any of its Intellectual Property rights, it may send a written notification of such infringement to our Customer Service (email: firstname.lastname@example.org ), with the following details:
4.7.1. The complainer identification and contacts.
4.7.2. Full details of such alleged infringement, including an identification of the copyrighted work claimed to have been infringed, and a statement that the complainer is the owner of an exclusive right that is allegedly infringed;
4.7.3. A statement that the complainer has 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
4.7.4. A statement that the information in the notification is accurate, and under penalty of perjury.
4.8. YellowDot may promptly and without notice suspend and/or terminate file or content exchanges and/or cease user’s access to the Software, if it believes an infringement on rights of others under copyright law or other applicable law may occur.
1. 5. Customer Service
For additional information about the Software, its way of operation, details about its services, or for any other question, you can contact the Software’s Customer Service by email at email@example.com . YellowDot’s representatives will be happy to assist you in any matter, during YellowDot’s business hours, to make your visit to the Software more pleasant, and to assist you in the buying process. The Customer Service Department details are given in the Contact Us page.
1. 6. Confidentiality of the Customer’s Personal Details and Data Security
6.1. In order to maintain the confidentiality of the information provided by the user when using the Software, YellowDot uses advanced data encryption technologies. In addition to the foregoing, YellowDot may record IP addresses for actions made in the Software, and if it detects a fraud or scam attempt, it shall report this immediately to the law enforcement authorities.
6.2. YellowDot undertakes to maintain discreteness in all matters related to the user’s personal details. In addition, YellowDot undertakes not to make any use of the user’s personal details, and/or to transfer them to any other entity, without the user’s consent, except as necessary in order to process his/her order.
6.3. YellowDot shall be permitted to use the user’s personal information only for internal requirements and for complaint and/or review inquiries, including by using cookie or data files in User’s device. Any user may change his/her website browser settings so that the browser will deny all cookies, or warn of cookies it is sent. However, it should be stated that some parts of the Software may not function properly if the user refuses to receive cookies or data files.
6.4. YellowDot shall not be considered to be breaching any commitment for privacy, or as infringing a user’s privacy in regard to any information, which could be used to identify a user or for him to be tracked by another, resulting from the use of electronic means of communication in general, and computer communication specifically.
1. 7. Exemption from Liability
7.1. YellowDot shall not be liable for any personal injury, property or environmental damage, loss, or any damage or expense caused to the user and/or any third party in connection to any action and/or negligence resulting from any third party. YellowDot shall not be liable for any neglect and/or action, of any kind, which creates any relationship between the user and any third party and/or resulting from such a relationship, even if the user learns of the third party and/or about its sales Software and/or approached the third party and/or the third party’s and/or a supplier’s Software through a link appearing on the Software.
7.2. YellowDot and/or its representative shall not be liable and shall not have to pay, directly or indirectly, any damages, whether direct, indirect, constructive or special, monetary or otherwise, caused to the user or any third party as a result of or due to the use of or reliance on information and/or services appearing in the Software and/or any third party’s content, including personal injury, death, property or environmental damage, loss of income and/or prevention of profit caused for any reason.
7.3. When information and contents are given on the internet, there is a concern that the user’s contents may be exposed, viewed and used by other people on the internet, and YellowDot is not liable for their security and/or for any damage and/or loss and/or expense caused to the user and/or any third party as a result of this. For the avoidance of doubt, it is clarified that YellowDot shall not be responsible for any damage caused to the user as a result of the use of or reliance on information included in serviced linked to the Software. YellowDot is not responsible for the contents of those Softwares or for the data published in them.
7.4. The publication of user contents on the Software, or the placing of a link in the Software, shall not be interpreted as offers made to a user, as a show of support, encouragement, provocation, solicitation or sponsorship by YellowDot for those contents and/or services provided by others. YellowDot is not reviewing the Softwares that were being linked to, and is not responsible for the content, accuracy or opinions expressed in such other Softwares. SOME AREAS OF THE WEBSITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
7.5. Without derogating from the foregoing, YellowDot shall in no case be liable for a damages sum exceeding the price of the monthly subscription fee paid for by the user.
1. 8. Miscellaneous
8.1. YellowDot’s computer records regarding the transactions performed through the Software shall constitute prima facie evidence of the correctness of the transactions.
8.2. Sole, exclusive jurisdiction for all matters related to the use of the Software is given only to the authorized courts in the _______ district, and only the laws of the State of ______ shall apply to the use of the Software.
8.3. If any provision of these Terms is declared invalid or unenforceable, the remaining provisions of the Terms will remain in effect.
8.4. YellowDot may update these Terms at any given time, without any advance notice.