YCD Terms of Use

1. Acceptance of Terms

The following instrument consists of the terms and conditions governing the access to and use of YCD Multimedia Ltd. (“YCD” or “We“) website and the content and services therein available at: www.ycdmultimedia.com (the “Site“) to you (“you” or “user“). The use of the Site is subject to these terms of use. By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these terms, you should immediately exit this Site and avoid making any use of the Site. If you continue using this Site you accept and agree to these Terms and Conditions (the “Terms“).

2. Title & Ownership

All the Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Site are and shall be owned exclusively by YCD and/or its affiliates and/or licensors, including without derogation the Site design, any information, services, texts, graphics, files, software, various applications, graphs, pictures, data compilations, audio clips, music and video clips (“Content“). These Terms do not convey to you an interest in or to the Site, but only a limited right of use revocable in accordance with these Terms. The rights granted by these Terms are limited to those expressly stated herein, and no additional rights or licenses are being granted by implication or otherwise. “Intellectual Property Rights” means worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, designs and photography including copyrights; (c) trademarks, service marks, logos, trade names, trade dress and goodwill rights whether or not registered; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

The Twitter name, logo, Twitter T, Tweet, and Twitter bird are trademarks of Twitter, Inc. in the United States and other countries.

The Facebook name, logo, Facebook F, and Facebook Like button are trademarks of Facebook, Inc. in the United States and other countries.

“YCD Multimedia” and the YCD logo are trademarks and service marks belonging to YCD or its licensors (the “YCD Marks“). Any product, service, or trade name other than those owned by YCD that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any use of the YCD Marks or any third party trademark is strictly prohibited. If you wish to receive written permission for limited use of any YCD Marks please contact marketing@ycdmultimedia.com

3. Materials and Services Available on the Site

The Content should not be construed as advice. You and you alone shall bear the sole responsibility in evaluating the advantages and disadvantages embodied in using the Site. Some of the Content includes texts, citations, photos and/or videos of third parties (e.g. content providers, YCD distributors, YCD customers), such materials are brought to you as is and only as a reference. By posting these materials YCD is not indicating in any way sponsorship or affiliation between YCD and/or the Site and such third parties. YCD may periodically change the Site, including its Content, scope and availability, without advance notice and at its absolute discretion. You shall have no argument, claim and/or demand in respect of the implementation of such changes and/or failures occurring during the course thereof.

Neither the information, nor any opinion and/or any part of the Content contained in this Site constitutes a solicitation or offer by YCD or its affiliates to engage in any transaction with YCD or any other person or entity.

4. Information that You Submit on the Site

We welcome any comments regarding the Content, and about the Site, submitted by you. Any suggestions, comments or other content that you send us will become the property of YCD. We may use such user generated content (“UGC“) in any way we choose for as long as we choose without any restrictions, subject to the Site’s Privacy Policy in effect at the relevant time. By sending us such content, you agree that we have the right to publish or otherwise use the UGC in any way, including promotional and advertising purposes and that we do not owe you any compensation for using the content. You further agree that upon transmission of your UGC to YCD, you grant YCD and its affiliates an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to prepare derivative works, reproduce, display, perform, transmit and distribute such material and derivative works for any use in connection with the Site. In the event that any part of the UGC infringes upon Intellectual Property Rights, is deemed by you as being offensive or harmful and/or violates your right to privacy you may notify YCD at the following email address: marketing@ycdmultimedia.com. Complaints which are substantiated may result in the removal of said content.

5. Links and third party content

The Site may contain links to other Internet sites and may contain content and/or advertising of third parties. Please note that many of the links provided on the Site do not refer to content found on our servers and are not maintained by us or affiliated with any services provided by us. Links are provided only as an informational resource, simply as a service and only for your convenience. It is hereby clarified that the Site is not responsible for such links and/or content. Should you leave the Site via a link contained herein and/or view content that is not provided by YCD, you do so at your own risk. The content to which you are exposed via links has not been developed, checked for accuracy, or otherwise reviewed by YCD, which shall not be responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided on such sites, whether actual, alleged, consequential or punitive. YCD makes no guarantees or representations as to, does not endorse and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any such content. Inasmuch as you are redirected to linked sites and content, we recommend you be aware and cautious, to carefully read and abide by the terms of use and privacy policies of such sites and content, and to also verify that the site is indeed suitable for your age and/or your patterns of use on Internet sites.

6. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or the entire Site immediately for cause upon written notice. Upon termination you shall immediately cease using the Site and the following Sections shall survive: 2, 4, 5, 6, 9-12.

7. Limitations on Use

The Site must be used and maintained in strict compliance with the Terms contained herein. You undertake to use the Site solely for private, non-commercial and personal use. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share all or any part of the Site and/or your rights under these Terms with/to anyone else; (ii) transfer, distribute, copy, publish, perform, download, and/or create derivative works from or based upon all or any part of the Site; (iii) refer to the Site by use of framing and/or deep-linking; (iv) make use of the Site or distribute any part thereof in any jurisdiction where same are illegal or which would subject YCD or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use, the Site for any illegal, harmful or offensive use; (vi) transmit any viruses or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) You agree not to visit the Site through unauthorized means; (viii) distribute, publish, send, or facilitate the sending of unsolicited mass messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements; (ix) distribute, publish, send, or facilitate the sending of any illegal content or content which infringes intellectual property rights of third parties or their right for privacy.

You agree to meet any and all of the following guidelines for user conduct:

You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Site, computer systems and network.
You may not attempt to interfere with any other person’s use of the Site.
You may not attempt to gain access to any computers or networks related to the Site without authorization.
You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site;
You may not attempt to obtain any data through any means from the Site, except if we intend to provide or make it available to you.
You may not attempt to charge others to use the Site either directly or indirectly.
You may not use the Site to violate any code of conduct or other guidelines which may be applicable to the Site.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used by YCD or its affiliates in connection with the Site.
You may not attempt to introduce any harmful code including without limitation uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code to the Site or any part thereof.
You may not use the Site in a manner that results in excessive bandwidth usage, as determined by YCD. Use of the Site will be applied toward such bandwidth usage.

8. Privacy Policy

YCD recognizes and respects the importance of protecting the privacy of all information provided by users. YCD collects and stores information about its users. Please read our Privacy Policy.

9. Disclaimer

THE SITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS, “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, RELIABILITY, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY YCD AND ITS LICENSORS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YCD AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS (COLLECTIVELY “AFFILIATES“) ARE NOT AND WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YCD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THE FOREGOING YCD AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT; (2) ANY ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL OF THE INFORMATION PROVIDED ON OR THROUGH THE SITE AND LOSSES OR DAMAGES THEREFROM; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE; (4) ANY INCOMPATIBILITY BETWEEN THE SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE; (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.; (6) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

11. Indemnity

You agree to indemnify, defend and hold harmless YCD and its Affiliates from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorneys’ fees and costs, arising out of or in any way connected with the Site, your use thereof and/or breach of these Terms.

12. Miscellaneous

Change of Terms. YCD reserves the right to periodically alter the Terms of the Site, at its sole discretion.

Waiver. The failure of YCD to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by YCD.

Claims. YOU AND YCD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability. If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, then the provision will be limited or eliminated from these Terms, to the minimum extent necessary and will not affect the validity and enforceability of the remaining provisions.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YCD without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

Headings. The headings references herein are for convenience purposes only, they do not constitute a part of these Terms and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. Without derogating from YCD’s applicable EULA, if any, these Terms and the Privacy Policy attached hereto are the entire agreement between you and YCD relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by making a change in these Terms by YCD, as set forth herein.

Applicable Law. By visiting the Site, you agree that the laws of the state of New-York, without regard to the conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and YCD or its Affiliates. The exclusive jurisdiction and venue with respect to these Terms shall be the courts for Southern Districts of New York and you submit yourself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.

* In October 2011, YCD Multimedia Ltd acquired C-nario Ltd. YCD and/or C-nario are the owners of the products detailed on this website.

Contact us. If you have any further questions or require further clarification, please contact us by sending an e-mail to: marketing@ycdmultimedia.com.