"www.yolook.net" is an online information service operated by GETMYFAVORITE
Inc. on the World Wide Web of the Internet, mainly consisting of business
information and advertisement.
By using this site (the "Site") www.yolook.net, you ("you", "user" or the "End
User") agree to this Terms of Use that we ("GETMYFAVORITE Inc.") have provided.
If you do not wish to agree to the Terms of Use, please refrain from using the
Site.
GETMYFAVORITE Inc. reserves the right to make any changes to our Terms of Use,
Privacy Policy and Fees & Payment Terms as we deem necessary or desirable
without prior notification to you. We suggest to you, therefore, that you
re-read this important notice containing our Terms of Use and Privacy Policy
from time to time in order that you stay informed as to any such changes. If we
make changes to our Terms of Use, Privacy Policy and Fees & Payment Terms
and you continue to use our Site, you are impliedly agreeing to the Terms of
Use, Privacy Policy and Fees & Payment Terms expressed herein. Unless
otherwise indicated, any such modifications shall be effective immediately upon
GETMYFAVORITE Inc.'s posting thereof. Any use of GETMYFAVORITE Inc. by End User
after such notice shall be deemed to constitute acceptance by End User of such
modifications.
1. General.
This Agreement sets forth the terms and conditions that apply to the use of
this Site by the End User. By using this Site (other than to read this
Agreement for the first time), End User agrees to comply with all of the terms
and conditions hereof. End User is responsible for protecting the
confidentiality of End User's password(s), if any. End User acknowledges that,
although the Internet is often a secure environment, sometimes there are
interruptions in service or events that are beyond the control of GETMYFAVORITE
Inc., and GETMYFAVORITE Inc. shall not be responsible for any data lost while
transmitting information on the Internet. While it is GETMYFAVORITE Inc."s
objective to make the Site accessible 24 hours per day, 7 days per week, the
Site may be unavailable from time to time for any reason including, without
limitation, routine maintenance. You understand and acknowledge that due to
circumstances both within and outside of the control of GETMYFAVORITE Inc.,
access to the Site may be interrupted, suspended or terminated from time to
time.
GETMYFAVORITE Inc. shall have the right at any time to change or discontinue
any aspect or feature of www.yolook.net.
2. Eligibility
Our services are available only to those who can form legally binding contracts
under applicable law. This excludes in all cases minors (persons who have not
reached their eighteenth birthday). In addition, minors may not place or
respond to ads in the "Site", and may not view the "Site" without the
supervision of their parents or guardians.
Further, your account information may be transferred to our partners who are marketing
our site. If you are registering as a business entity, you represent that you have
the authority to bind the entity to this Agreement.
3. Fees & Payment Terms
Please see Fees & Payment Terms which is incorporated into this Agreement
by reference.
4. User"s Content
4.1) Definition. User"s content is the information that the End Users want to
advertise through our website. It can be viewed by any visitors of our Site.
Generally it is the End User"s business information such as business
description, contact information, product name, price, product image, and so
on.
4.2) License Grant.
For the users who publish their business information on our web, you give us and
our partners a non-exclusive, worldwide, royalty-free, irrevocable, perpetual,
sublicenseable right and license to exercise all copyright and publicity
rights, in any existing or future media, known or unknown, over the material
displayed in your listings. You shall take all reasonable efforts to ensure
that it is accurate and complete and not misleading in any way.
4.3) Restricted Activities.
You are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information.
End user shall use www.yolook.net for lawful purposes only. The following is a
partial list of the kinds of activities and content that are prohibited on or
through the Service: (a) submitting content that is patently offensive to any
community, such as content that promotes racism, bigotry, defamatory, hatred or
physical harm of any kind against any group or individual; (b) engaging in
activities or submitting content that could be harmful to minors; (c) engaging
activity or submitting content that harasses or advocates harassment of another
person; (d) be false, inaccurate or misleading; (e) be fraudulent or involve
the sale of counterfeit or stolen items; (f) violate any law, statute,
ordinance or regulation (including, but not limited to, those governing
consumer protection, unfair competition, antidiscrimination or false
advertising);(g) engaging in activity that involves the transmission of "junk
mail" or unsolicited mass mailing or "spam"; (h) engaging in activity, or
submitting content, or promoting information that is unlawful, false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; (i) submitting content that is
invasive of privacy or publicity rights; (j) submitting content that displays
pornographic or sexually explicit material of any kind; (k) submitting content
that provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone"s privacy, or providing or
creating computer viruses; (l) engaging in activities or submitting content
that solicit passwords or personally identifiable information for commercial or
unlawful purposes from other users; and (m) engaging in activities by an End
User that in GETMYFAVORITE Inc.'s exclusive discretion restricts or inhibits
any other End User from using or enjoying this Site; (n) engaging in the
solicitation including, but not limited to, religious solicitation, contests,
sweepstakes, chain letters, pyramid schemes, and the solicitation of users of
this Site to become users of other online services directly or indirectly
competitive or potentially competitive with www.yolook.net; (o) the link or
item on the Site that, by paying to us the listing fee or the final value fee,
could cause us to violate any applicable law, statute, ordinance or regulation;
(p) listing advertisements in the incorrect category. Even though all of this
is strictly prohibited, there is still a chance that you might become exposed
to such items and you further waive your right to any damages related to such
exposure.
4.4) . Prohibited Listings.
We prohibits the listing of the following goods, including but not limited to
any item that is illegal to sell under any applicable law, statute, ordinance
or regulation including, but not limited to, the following:
-
Food (other than packaged food meeting all applicable federal, state,
provincial, and local standards for sale to consumers by commercial merchants);
-
Alcoholic beverages;
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Cigarettes or any other tobacco product;
-
Pharmaceuticals or any other controlled substance;
-
Dangerous, counterfeit or stolen goods;
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Goods which do not actually exist;
-
Any good that infringes or violates anyone's rights;
-
Any item which is inflammatory, offensive or otherwise inconsistent with the
common standards of business ethics;
-
Any messages, data, or images that might be considered by a reasonable person
to be obscene or which contain racial, ethnic, religious slurs or derogatory
epithets, or advocating violence, hate.
5. Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated
means to access the Site for any purpose. Additionally, you agree that you will
not reproduce, modify, create derivative works from, distribute or publicly
display any content (except for your ad content) from the Site without the
prior expressed written permission of us and the appropriate third party, as
applicable.
6. Breach
Without limiting other remedies, we shall have the right, but not the
obligation, to monitor the content of the Site at all times. We may limit your
activity, immediately remove your content you put on our Site, temporarily
suspend, indefinitely suspend or terminate your membership without notice,
without any refund of your fees and refuse to further provide our services to
you: (a) if you breach this Agreement or other incorporated agreements; (b) if
we believe that your actions may cause financial loss or legal liability for
you, our users or us.
7. Termination.
GETMYFAVORITE Inc. may, under certain circumstances and without prior notice,
terminate your account, take down your content on our Site, cancel the web
domain name and its service we offered to you. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of this Agreement or
other incorporated agreements, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, and (f)
service to you is due and you haven"t renewed your registration in time.
8. Privacy.
Please see Privacy Policy that is incorporated into this Agreement by
reference.
9. Disclaimer of Warranty; Limitation of Liability.
www.yolook.net specifically disclaims all and any liability to advertisers and
readers of any kind for loss or damage of any nature whatsoever and however
arising, whether due to inaccuracy, error, omission or any other cause, whether
on the part of www.yolook.net, their employees or agents, or any other person,
due to the use of the ads or other information herein. Without any recourse
being available whatsoever to any advertisers or readers in this event.
www.yolook.net is not involved in any transaction between any parties who uses
our site. There are risks which you assume when dealing with people who might
be acting under false pretenses. It is the responsibility of the user to
evaluate the accuracy, completeness, or usefulness of any information, opinion,
advice, etc., or other content available through www.yolook.net.
User expressly agrees that use of this site is at user"s sole risk. We are a
venue only and do not screen or censor or otherwise control the listings
offered to other Users, nor does www.yolook.net screen or censor or otherwise
control the Users of its service. www.yolook.net can not control the behavior of
the participants on this site. www.yolook.net also contains links to the Web sites
maintained by other content providers. These links are provided solely as a
convenience to you and not as an endorsement by GETMYFAVORITE Inc. of the
contents on such third-party sites and GETMYFAVORITE Inc. hereby expressly
disclaims any representations regarding the content or accuracy of materials on
such third-party Web sites. If User decides to access the linked Web sites,
User does so at its own risk.
The service is provided on an "AS IS" and on an "AS AVAILABLE" basis. We
disclaims all warranties of any kind, whether express or implied, including,
but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
In no event shall we, our officers, directors, employees or information
providers on our Site be liable for lost profits or any special, incidental,
consequential, indirect or punitive damages arising out of or in connection
with our site, our services or this agreement (however arising, including
negligence). Our liability, and the liability of our officers, directors,
employees or information providers, to you or any third parties in any
circumstance is limited to the amount of fees you pay to us in the one month
prior to the action giving rise to liability.
This disclaimer of liability applies to any damages or injury caused by and
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action. End user specifically acknowledges that Getmyfavorite
Inc. is not liable for the defamatory, offensive or illegal conduct of other
users or third-parties and that the risk of injury from the foregoing rests
entirely with end user. The www.yolook.net makes no warranty that the service will
meet the user's requirements, that the service will be uninterrupted, timely,
secure or error free.
10. Copyright and Trademarks.
The www.yolook.net service may be used only for lawful purposes. Transmission,
distribution or storage of material or conduct in violation of any applicable
local, state, province, federal or foreign law or regulation is prohibited.
This includes without limitation any unauthorized use of material protected by
patent, copyright, trademark, intellectual property right or other proprietary
right.
User shall not upload, post, link or otherwise make available on this Site any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark, patent,
intellectual property right or other proprietary right. GETMYFAVORITE Inc. does
not have any express burden or responsibility to provide End User with
indications, markings or anything else that may aid End User in determining
whether the material in question is copyrighted or trademarked. End User shall
be solely liable for any damage resulting from any infringement of copyrights,
trademarks, proprietary rights or any other harm resulting from such a
submission.
For the users who publish their ads and information on our web, you give us a
non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable right to
exercise all copyright and publicity rights, in any existing or future media,
known or unknown, over the material displayed in your listings. You shall take
all reasonable efforts to ensure that it is accurate and complete and not
misleading in any way.
All trademarks and brands on this Site are the property of their respective
owners. www.yolook.net and each of its logos are trademarks of GETMYFAVORITE Inc.
All rights in respect of these trademarks are hereby expressly reserved.
11. Dispute Resolution.
GETMYFAVORITE Inc. is not involved in any transaction between any parties who
uses the Site. We do not have the duty to resolve and will not be involved in
resolving any disputes between participants related to or arising out of any
transaction. We urge all disputing users to cooperate with each other in good
faith to resolve their disputes.
If you have a dispute with a member of the our site over a transaction or any
other activity whatsoever relating to the www.yolook.net site, you hereby release
the www.yolook.net site and its respective owners, officers, directors, agents,
employees and successors in rights from any and all claims, disputes, demands,
suits, liabilities and damages(actual and consequential) of every kind or
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service.
Services through www.yolook.net are available only to users who can form a legally
binding contract under applicable law. The "Site" may be used only for lawful
purposes. The applicable law is the laws of the Province of Ontario and the
federal laws of Canada. Any disputes or claim arising out of this site shall be
settled by arbitration in Toronto, Ontario, Canada, in accordance with the laws
of Ontario, Canada.
12. Miscellaneous.
This Agreement and any operating rules for www.yolook.net established by
GETMYFAVORITE Inc. constitute the entire agreement of the parties with respect
to the subject matter hereof. If any provision of this Agreement is held
invalid by a court of competent jurisdiction, such invalidity shall not affect
the enforceability of any other provisions contained in this Agreement and the
remaining portions of this Agreement shall continue in full force and effect.
The failure of either party to exercise any of its rights under this Agreement
shall not be deemed a waiver or forfeiture of such rights or any other rights
provided hereunder.
The section headings used herein are for convenience only and shall not be
given any legal import.
Please help us keep the www.yolook.net site an enjoyable experience for all users.
If you find any material or behaviour that may violate this Agreement or other
incorporated agreements, please contact us at info@getmyfavorite.com.
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