Terms and Conditions
CAVEAT EMPTOR – Let the buyer beware!
Note from OUR (anonymous) attorney “I think these hopelessly one-sided terms in favor of you should protect you very nicely!”
We have observed that the guiding principle of “terms and conditions” on the internet is to so protect the owners that, jeopardizing the client’s entire assets, they may possibly be sold into slavery.
Believe it or not, after protecting ourselves in this litigious era, we intend to keep you afloat.
Since our mission is to protect your memories, this is not just because we are nice fellows, but so that you may be a long-term client and eventually, we hope, a friend.
Here comes the small print, bring a magnifying glass and a beer:
All materials contained in the website are the copyrighted property of YPH , its subsidiaries, affiliated companies and/or third-party licensors. Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without written permission from YPH .
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that YPH may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from YPH. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by YPH.
Except as expressly provided otherwise, YPH and/or its respective suppliers make no representations about the suitability of the information contained in the documents and publications and related graphics published on the website for any purpose. Except as expressly provided otherwise, all such documents and related graphics are provided “as is” without warranty of any kind. Except as expressly provided otherwise, YPH and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall YPH and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the website.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. YPH and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.
Except as expressly provided otherwise, all information, software, documentation, materials, services and publication are provided “as-is” without warranty of any kind and YPH hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provided otherwise, YPH disclaims any warranties of non-infringement, title, or quiet enjoyment. In no event shall YPH and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this website, use or performance of software, documents, materials, publications, provision of or failure to provide services, or information available from the website.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, publications and documents. The website, materials, publications and documents may contain technical inaccuracies or typographical errors. YPH assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the website, materials, publications and documents and in any other reference.
YPH may make changes to the website, information, software, website, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.
The website contains links to third-party sites which are not under the control of YPH and YPH is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. YPH is not responsible for webcasting or any other form of transmission received from any linked site. YPH is providing these links to you only as a convenience, and the inclusion of any link does not imply that YPH endorses or accepts any responsibility for the content on such third-party sites.
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify YPH immediately of any unauthorized use of your account or any other breach of security. YPH will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by YPH or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to YPH’s display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or YPH has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, YPH may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any YPH server, or the network(s) connected to any YPH server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any YPH server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:
- Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
- Use any YPH domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
- Transmit unsolicited or bulk communications to any YPH account holder or to any YPH affiliated email address (regardless of whether you use the website to transmit any such communication).
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
- YPH has no obligation to monitor the Communication Services. However, YPH reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. YPH reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
YPH reserves the right at all times to disclose any information as YPH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in YPH’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. YPH does not control or endorse the content, messages or information found in any Communication Services and, therefore, YPH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized YPH spokespersons, and their views do not necessarily reflect those of YPH.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Unless otherwise specified, YPH does not claim ownership of the materials you provide to YPH (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by YPH, the general public, and/or by the members of any public or private community (each a “Submission” and collectively “Submissions”), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting YPH, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all YPH services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission, as provided herein. YPH is under no obligation to post or use any Submission you may provide and YPH may remove any Submission at any time in its sole discretion.
You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not YPH, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. YPH does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
YPH or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, programs, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when YPH’s products, services, or marketing strategies might seem similar to ideas submitted to YPH. If, despite our request that you not send us your ideas and materials, you still send them, please understand that YPH makes no assurances that your ideas and materials will be treated as confidential or proprietary.
YPH may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by YPH is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than YPH found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YPH is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-YPH advertisers on the website.
TRADEMARKS: The names of actual companies and products mentioned herein and/or third party trademarks, trade names and logos contained herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
YPH controls and operates this website from its headquarters in various locations in the state of California in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.