YPEX, Inc. Terms and Conditions of use
Welcome to this website of YPEX, Inc. (the "Site").
Introduction
Please read the following Terms and Conditions of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to YPEX, Inc. and its parents, affiliates and subsidiaries (individually and collectively, "Altnet").
Using this Site or the Software, you may access some or all of the services (the "Services") offered by YPEX and its licensors and authorized business partners (the "YPEX Providers"). The Services include, but are not limited to the YPEX Maps using Google Maps, YPEX Business Listings and YPEX Advertising.
By using this Site, the Services, or downloading and/or using the Software, you signify your acceptance of these Terms and Conditions of Use. You also agree to ensure that anyone who uses this Site, the Software or the Services on your computer also abides by the Terms and Conditions of Use. YPEX has the right to revise the Terms and Conditions of Use at any time without providing notice to its users. Your continued use of this Site, the Software or the Services shall be deemed acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of this Site, the Software or the Services at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
If you do not agree to (or cannot comply with) these Terms and Conditions of Use, as amended, you must stop using the Site, Software, and Services and, if applicable, cancel your Subscription Service. You will be deemed to have accepted these Terms and Conditions of Use, as amended, if you continue to use the Site, Software or Services after any amendments are posted. This license will terminate upon conditions set forth elsewhere within these Terms and Conditions of Use or if you fail to comply with any term or condition of these Terms and Conditions of Use. In such event, no notice shall be required by YPEX to effect such termination. The license for use of the Software and aspects of the Services which may only be accessible through the Software is governed by the applicable Service's or Software's end user license agreement if there is any conflict between these Terms and Conditions of Use and any other end user license agreement for the Software or applicable Service.
Privacy
Your privacy is very important to us at YPEX. To better protect your rights we have provided the YPEX Privacy Policy to explain our privacy practices in detail.
Use of Materials; Usage Restrictions
Your use of the Materials is subject to the following restrictions:
- The Materials may not be copied, reproduced, uploaded, exported, transferred, sold, forwarded, shared with others or transmitted in any way unless specifically authorized by YPEX.
- You may use the Materials for personal, noncommercial entertainment use only; You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
- Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is using the Materials on any networked computer environment or other website.
- You may not make any use of the Materials that would infringe the copyright therein.
- You must comply with all applicable law in your use of Materials and agree to protect any third party licensor's rights therein.
- You may not make any unauthorized reproduction or distribution of Materials that violates applicable law.
You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions and/or DRM settings. All rights not expressly granted to you in these Terms and Conditions of Use are reserved to YPEX and/or its licensors. YPEX (for itself and for the Materials owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
You acknowledge that some parts of the Service require the ongoing involvement and/or monitoring of YPEX and/or their licensors. As such, in the event that YPEX or any licensors changes or discontinues any part of the Service or the availability of any Materials through the Service, which may be done in their sole discretion, you acknowledge that you may no longer be able to use some or all of the Materials in the same manner as prior to the change or discontinuation, and that YPEX shall have no liability to you in such case. Availability of Material is subject to change at any time. You acknowledge that YPEX may automatically implement required updates, modifications, and/or reinstallations of the Software and/or install security fixes for the purpose of protecting or enhancing rights management, anti-piracy and/or security related features of the Software. Failure to permit such updates, modifications and/or reinstallations may result in interruption or termination of your Subscription Service without notice to you.
Disclaimer
*READ THIS CAREFULLY* THE SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY YPEX, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, THE SOFTWARE OR THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. YPEX FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOFTWARE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE.
YPEX WILL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND YPEX HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, THE SOFTWARE AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
*READ THIS CAREFULLY* You understand and agree that YPEX shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if YPEX has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site, the Software and/or the Services; (b) the cost of procurement of substitute services or content resulting from any services obtained through or from the Site, the Software and/or the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Site, the Software and/or the Services; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site, the Software and/or the Services; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Site, the Software and/or the Services by a third party; or (h) any other matter relating to the Site, the Software and/or the Services, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of YPEX shall not exceed the amount of Australian $25.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITE AND/OR UNINSTALL AND CEASE USE OF SUCH SOFTWARE AND SERVICES.
Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Links to Third Party Sites
The links throughout this Site will let you leave YPEX's Site. These links are provided as a courtesy only, and the sites they link to are not under the control of YPEX in any manner whatsoever. Therefore, YPEX is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. YPEX is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by YPEX of the site and/or any of its content therein.
Online Behavior and Prohibited Uses of the Software
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not YPEX, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via this Site, the Software or the Services. YPEX does not control the Content posted via this Site, the Software or the Services and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this Site, the Software or the Services, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to YPEX including, through this Site or the Services.
Notwithstanding anything to the contrary, you may not:
- remove any proprietary notices from this Site, Services, the Software or any copy thereof;
- cause, permit or authorize the modification, creation of derivative works; translation, reverse engineering, decompiling or disassembling of the Software;
- sell, assign, rent, lease, act as a service bureau, or grant rights in the Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of YPEX;
- export or re-export the Software in violation of U.S. export laws;
- use this Site, the Software or Services for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
- use the YPEX Software or Services to access any content files accessible through the YPEX Software without the permission of the publisher of the content files;
- copy the YPEX Software (other than a single copy for your own backup purposes);
- access, create or modify source code of the Software in any way;
- use the YPEX Software or Services to, or in any way that would, violate any applicable law, regulation or ordinance; or
- use the YPEX Software or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the YPEX Software or Services.
- use any unlicensed or unauthorized copies of the Software;
- collect any information or communication about the users of the this Site, Services, the Software by monitoring, interdicting or intercepting any process of or communication initiated by this Site, Services, the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
- with the exception of completely deleting any Software from your computer, and those actions permitted by your manual use of the user interface provided as part of the Software, take any action, including downloading and/or using third party software, that (1) modifies the settings of the Software as it functions with your computer, or (2) otherwise modifies, alters, blocks or interferes with the functioning of the Software and the security and content rights management software and functionality of the software and files downloaded from the Service;
- attempt to hack this Site, Services, the Software or any communication initiated by the this Site, Services, or the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by YPEX or its licensors with respect to this Site, Services, the Software and/or data and/or content transmitted, processed or stored by YPEX or other users of this Site, Services, the Software; or
- take any steps to interfere with or in any manner compromise any of YPEX's security measures.
YPEX may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize YPEX to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
Your Representations and Warranties
You represent, promise and warrant that:
- you possess the legal right and ability to enter into this Terms and Conditions of Use and to comply with its terms;
- you will use this Site, the Software and Services for lawful purposes only and in accordance with this Terms and Conditions of Use, applicable end user license agreement(s) and all applicable laws, regulations and policies;
- you will not attempt to decompile, reverse engineer or hack the Software, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by YPEX with respect to this Site, the Software, the Services and/or data transmitted, processed or stored by YPEX, the Software or the Services;
- you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by YPEX or YPEX's third party partners to protect the content and files distributed by YPEX, Including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files;
- you will not take any steps to interfere with or in any manner compromise any of YPEX's security measures, the security measures of YPEX's third party redemption partners, Promotional Programs administrators, or other YPEX Providers; and
- you will only use this Site, the Software and Services on a computer on which such use is authorized by the computer's owner.
Notification of Copyright Infringement
YPEX will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, the Software or the Services, please notify YPEX's Copyright Agent. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the Notice ), and must include substantially all of the following:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(c) a description of the exact name of the file on the YPEX Software, the Services or this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site, the Software or Services, where the material that you claim is infringing is located on such site;
(d) information sufficient to permit YPEX to contact you, such as your physical address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach YPEX's Copyright Agent for Notice of claims of copyright infringement
YPEX Corporate Offices
15260 Ventura Blvd
Sherman Oaks, CA 91403
(866) 360-2330
info@ypex.com
Export Control Law; Notice to U.S. Government Users
The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, YPEX software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading the Software or using the Services, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All YPEX products and publications are commercial in nature. The Software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. '2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. '12.212 or 48 C.F.R. '227.7202, as applicable. Consistent with 48 C.F.R. '12.212 or 48 C.F.R. ''227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Severability
Indemnity
You agree to indemnify, hold harmless and defend YPEX, YPEX Providers, YPEX's third party redemption partners and promotional programs administrators, their affiliates, parent companies, subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, the Indemnified Parties ), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (a) violation or breach of any term of this Terms and Conditions of Use or any policy or guidelines referenced herein, or (b) use or misuse of this Site, the Software and/or Services.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of YPEX used herein are trademarks or registered trademarks of YPEX. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Compliance with Law
The Service is controlled and operated by YPEX from its offices in the New South Wales, Australia and offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Governing Law
This Terms of Service shall be governed by and construed in accordance with the laws of New South Wales Australia, without regard to conflict of law rules thereof. Any action brought by you against YPEX arising out of this Terms of Service shall be brought exclusively in the courts located in New South Wales, Australia, and any action brought by YPEX against you arising out of these Terms and Conditions of Use shall, at the election of YPEX, be brought in either the courts located in New South Wales Australia, or the applicable courts of the jurisdiction in which you reside. You and YPEX hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous
YPEX reserves all rights not expressly granted herein. YPEX may modify this Terms and Conditions of Use at any time by posting the revised Terms and Conditions of Use on this Site. Your continued use of this Site, the Software and/or Services shall constitute your acceptance of such revised Terms and Conditions of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms and Conditions of Use shall constitute a partnership or joint venture between you and YPEX. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Terms and Conditions of Use shall nonetheless remain in full force and effect. The failure of YPEX at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Terms and Conditions of Use and any agreements included or referred to in this Terms and Conditions of Use constitute the final, complete and exclusive agreement with respect to this Site, the Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended beneficiaries of these Terms and Conditions of Use and shall have the right to enforce them against you.
If you have any questions or concerns about this Terms and Conditions of Use or any issues raised in this Terms and Conditions of Use or on this Site, please contact us via the Contact Us form at our Customer Support site
