THE FOLLOWING DESCRIBES THE TERMS ON WHICH YUT MEDIA OFFERS YOU ACCESS TO ITS SITES AND USE OF ITS SERVICES.
Welcome to the Web sites operated by Yut Media, Inc. ("Yut Media"). Yut Media maintains these Web sites, whygosolo.com and gofortix.com ("Sites"), as a service to visitors. By using these Sites, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered or paying user of Yut Media Services.
If you do not agree with any of the terms herein, you do not have the right to obtain information from or otherwise continue using this Site or Services. Failure to use these Sites and/or Services in accordance with the following terms of use and/or misuse may also subject you to civil and criminal penalties. Yut Media reserves the right to make changes to these terms at any time. Your continued use of Yut Media Services constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for any such changes.
1. MEMBERSHIP ELIGIBILITY AND RESPONSIBILITY
1.1 This Service is for adults only (at least 18 years old). By registering as a member of these Sites you represent that you are age eligible where you reside, and any information you submit to Yut Media is accurate and correct and will remain so.
1.2 Your membership is solely for your individual use and you will not authorize any other person or entity to use your account, profile, or messages. Membership in the Service is void where prohibited. You are solely responsible for all use of your account including but not limited to content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to inform Yut Media immediately of any unauthorized use/misuse of your account.
1.3 You agree to maintain the accuracy of your registration information and to keep account information confidential. You must inform Yut Media as soon as possible about anyone besides you using your account, or any security breach relating to Yut Media's Service. You understand and agree Yut Media has no obligation to prescreen, manage, or edit content made available through Yut Media's Service. You agree to bear all risk associated with content you or others provide using your account.
1.4 You may not submit or post through WhyGoSolo or Tickets with a Twist any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, or harmful to a minor. You are solely responsible for all materials (profile information, activity details, messages , photos, images, video), you post or otherwise provide to Yut Media related to the Yut Media websites ("Postings").
1.5 You acknowledge that Yut Media does not and has no obligation to pre-screen content, but that Yut Media and/or its designees shall have the right (but not the obligation), in their sole discretion, to refuse to carry or remove any content available via the Service. Without limiting the foregoing, Yut Media and its designees shall have the right to remove any content that violates these terms of Service or is otherwise objectionable.
1.6 You acknowledge and agree that Yut Media may preserve content and may also disclose content if required to do so by law or in the good faith belief such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Yut Media, its users and the public.
1.7 You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. USER CONDUCT. In your use of Yut Media Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
(a) Use the service to engage in harassment or use offensive behavior.
(b) Impersonate any person or entity.
(c) Create compilations or derivative works of any Content and Materials from the Sites.
(d) Use any Content and Materials from the Sites which in any manner may infringe any copyright, intellectual property , proprietary, or property right of Yut Media and/or any third party(ies)
(e) Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Sites.
(f) Make any portion of the Sites available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future.
(g) Remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Sites architecture.
(h) Use any manual process or automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, harvest information from, or copy any part of Yut Media's sites. Unauthorized access to Yut Media's sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface provided by Yut Media for use in accessing Yut Media's sites.
(i) Use the Sites for the purpose of collecting or storing personal information about other end users, or for gathering information for or transmitting directly or indirectly any (1) unsolicited commercial or bulk e-mail, surveys, contests, pyramid schemes, SPAM, unsolicited advertising or promotional materials, or chain letters; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions.
(j) Use the Sites to engage in any illegal activities or in a manner which violates any state or federal law regulating email, facsimile transmissions or telephone solicitations or regulations.
Export or re-export the Site or any portion thereof, or any software available on or through the Sites, in violation of the export control laws or regulations of the United States.
(k) Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others.
Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content.
(l) Transmit files containing viruses, corrupted files, or any other similar software or programs which may damage or adversely affect the operation of another person's/entity's computer, Yut Media sites, any software or hardware, or telecommunications equipment.
(m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other materials.
(n) Restrict or inhibit any other user from using and enjoying any public area within Yut Media's sites.
(o) Interfere with or disrupt Yut Media's sites, servers or networks.
(p) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(q) Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through Yut Media's sites, or manipulate your presence on Yut Media's sites.
3. PRIVACY. We understand the concerns you may have about your privacy and respect your right to protect your personal information while online. However, Yut Media's Services are designed to allow users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any other personal information, you waive any privacy expectations you have or might have with respect to use of such likeness or personal information. Yut Media may collect certain other personal information from you that we do not post on Yut Media's Sites. In most cases, Yut Media does not intentionally transfer this information to unaffiliated third parties without your consent. However, Yut Media reserves the right to transfer such information without your consent to prevent an emergency, to protect or enforce Yut Media's rights, to protect or enforce the rights of a third party, or in response to a court order or subpoena as otherwise required or permitted by law. In addition, Yut Media provides this personal information to third-party service providers who help Yut Media maintain its Services and deliver information and services to you and other users of these Services.
4. YOUR CONTENT
4.1 Grant of A License to Yut Media. By submitting any content (including without limitation, your photograph), to Yut Media's Sites, you hereby grant Yut Media and its assigns or designees a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and/or promote such content in any form, in all media now known or hereinafter created and for any purpose.
4.2 Content Restrictions. You are solely responsible for any content you submit, post or transmit via these Services.
(a) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
(b) You understand and agree that Yut Media may review and delete any content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews), which in the sole judgment of Yut Media violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Yut Media sites and/or other website users.
(c) You are solely responsible for any content you publish or display on the Yut Media sites or transmit to other members and/or other website users ("Posted Content").
(d) You are solely responsible for your ratings and reviews of people, businesses, venues and Groups listed on Yut Media. Yut Media reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
(e) You agree you will only post content you believe to be true and will not purposely provide false or misleading information. (f) By posting content on the Yut Media sites, you agree to and hereby grant, as well as represent and warrant that you have the right to so grant, Yut Media its contractors, and the users of the Yut Media sites, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted content and to prepare derivative works of, or incorporate into other works, such posted content.
(g) The following is a partial list of the kind of content and communications which are prohibited on/through the Yut Media sites. Yut Media reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing the offending communication from the Service and terminating the membership of such violators or blocking your use of the Yut Media Service and/or Yut Media sites. You may not post Content which:
is false or intentionally misleading;
is patently offensive to users of the Yut Media sites, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
promotes illegal activities or abusive conduct;
is threatening, obscene, defamatory or libelous;
is pornographic or sexually explicit in nature; and seeks or recommends providers of material exploiting minors, under the age of 18, in a sexual or violent manner, or seeks or recommends providers who solicit personal information from anyone under 18.
5. THIRD-PARTY CONTENT. In using these Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at these Sites or through links to third-party websites. Yut Media does not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of Yut Media's Services.
5.1. Third-Party Services. Yut Media may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand Yut Media does not control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Yut Media is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY YUT MEDIA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL YUT MEDIA BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
5.2 Third-Party Merchant Policies. All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are totally independent of each other and neither has authority to make any representations or commitments on behalf of the other.
6. PAYMENTS. You represent and warrant if you are purchasing something from Yut Media that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes and shipping/service charges.
7. LINKS TO OTHER WEB SITES. Yut Media's Sites may contain links to other Web sites now or in the future. Yut Media is not responsible for the content, accuracy or opinions express in any other Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Yut Media. Inclusion of any linked Web site to a Yut Media Sites does not imply Yut Media approval or endorsement of the content or products of the linked Web site. If you decide to leave Yut Media's Sites and access any third-party sites, you do so at your own risk.
8. PROPRIETARY RIGHTS
8.1 Except for the Content submitted by members or users, the Yut Media Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Yut Media or its licensors. You acknowledge that the Yut Media Service and any underlying technology or software used in connection with the Service contain Yut Media 's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on any Yut Media Sites, or Yut Media Services in whole or in part except as expressly provided in Yut Media 's policies and procedures made available by Yut Media. Except as expressly provided herein, Yut Media and its suppliers do not grant you any express or implied rights, and all rights in the Yut Media Service not expressly granted by Yut Media to you are retained by Yut Media.
8.2 Yut Media owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service.
9. TERMINATION. Yut Media may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to Yut Media's Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
10. DISCONTINUANCE OF SERVICES AND REFUND. To the extent you purchase any services directly from Yut Media, Yut Media will refund your purchase price within thirty (30) days of you notifying Yut Media in writing of your desire for a refund, together with the reason for the request, with the product or service returned to Yut Media in substantially the same condition as when purchased. Please note, however, certain products and services mentioned on Yut Media's site(s) are sold by third parties or are linked to third party Web sites, and Yut Media has no responsibility or liability for those products or services. For products purchased from Yut Media, you may request a refund by contacting us by email at support@whygosolo.com. You may obtain any additional information concerning Yut Media refund and return policies, including Yut Media's mailing address, by contacting us at support@whygosolo.com.
11. LEGAL COMPLIANCE. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and the Content and Materials provided therein.
12. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
13. DISCLAIMER OF WARRANTIES
13.1. IF YOU USE YUT MEDIA's SERVICES, YOU DO SO AT YOUR SOLE RISK. YUT MEDIA's SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YUT MEDIA EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2. YUT MEDIA DOES NOT WARRANT THAT (A) ITS SERVICES WILL MEET YOUR REQUIREMENTS; (B) ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION YOU MAY OBTAIN THROUGH YUT MEDIA's SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YUT MEDIA's SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR YUT MEDIA COLLECTS WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF YUT MEDIA's SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM YUT MEDIA OR THROUGH OR FROM YUT MEDIA's SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
14.1. YUT MEDIA SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF YUT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE YUT MEDIA's SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM YUT MEDIA's SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF YUT MEDIA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON YUT MEDIA's SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF YUT MEDIA's SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF YUT MEDIA's SERVICES OR PERSONS INTRODUCED TO YOU BY OR THROUGH YUT MEDIA's SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH YUT MEDIA's SERVICES OR THESE TERMS.
14.2. YUT MEDIA SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND YUT MEDIA's REASONABLE CONTROL.
14.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. TO THE EXTENT THEY ARE ALLOWED, THEY SHALL BE IN FULL FORCE AND EFFECT OR REFORMED OR MODIFIED TO BE SO ALLOWED.
15. INDEMNITY. You shall defend, indemnify and hold harmless Yut Media (which includes each of its officers, directors, members, employees, agents, designees, licenses, and affiliates), from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of Yut Media's Services or alleging facts or circumstances which could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify Yut Media, Yut Media will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether Yut Media wishes to settle it, and if so, on what terms.
16. REPORTING MISCONDUCT. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities, and to Yut Media by contacting Yut Media at support@whygosolo.com; provided your report shall not obligate Yut Media to take any action or cause Yut Media to incur any liability.
17. CHANGES TO THIS AGREEMENT OR TO YUT MEDIA SERVICES. You agree and understand that these Terms of Service, the Yut Media Sites and the Yut Media Services may be modified by Yut Media at any time without prior notice, and such modifications will be effective upon Yut Media's posting of the new terms and/or upon implementation of the new changes on the Yut Media Sites. You agree to review the Terms of Services periodically so you are aware of any modifications. Your continued use of the Yut Media Service after any modifications indicates your acceptance of the modified Terms of Services. Unless expressly stated otherwise by Yut Media, any new features, services, enhancements or modifications to the Yut Media Service implemented after your initial access to the Service shall be subject to these Terms of Services.
18. GOVERNING LAW / ARBITRATION. This Agreement shall be treated as though it were executed and performed in the Commonwealth of Virginia, USA, and shall be governed by and construed in accordance with the laws of Virginia (without regard to conflict of law principles). Any claim arising out of or relating to this agreement or Yut Media shall be settled by binding arbitration in Fairfax County, VA in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, and not consolidated with another party's claim. Judgment on the arbitration award may be entered by any court with competent jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Virginia law. However, (a) the parties hereto may seek interim relief from a Fairfax County, VA court to protect the party's rights or property while arbitration is pending, and (b) at Yut Media's sole option, forego arbitration in cases of fraud or other crimes against Yut Media, interference with Yut Media's technical operations or violations of Yut Media's rights or property. Costs of arbitration or legal process shall be borne by the party not prevailing in such.
Questions or Comments
If you have questions or comments about these terms of use, please email us at support@whygosolo.com or contact us at: