Last revised: September 27, 2015
Welcome to http://www.YSBnow.com (the “Site”). The Site is owned and operated by YSBNow, Inc. and its affiliates (“We”, “Us”, “Our” or “YSBNow”). These terms and conditions of use (“Terms”) govern your use of the Site, and your compliance with these Terms is a condition to your use of the Site. For a description of our privacy practices and policies, please review our , which is expressly incorporated herein by reference.
1. Accuracy and Integrity of Information
Although we try to ensure the integrity and accuracy of the Site, we unfortunately cannot guarantee the correctness or accuracy of the Site or its content. It is possible that the Site may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that you find an inaccuracy, please let us know so that we can correct it.
2. Access to Site and User Accounts
While you may use our Site without registering, some areas and features of our Site require to you establish a user account with a user ID and password and be logged into your account. Creating an account is free, but you must be at least 13 years old, or you must obtain verifiable from your parent or guardian. Please do not to share or disclose your user ID or password to any third party. You are fully responsible for all activity that occurs under your user ID. We reserve the right to revoke your access to the Site, suspend your account and/or delete any of your Content.
3. Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us, or if you submit any materials through third party services, such as by tagging us on Instagram (collectively, “Submissions”), you agree to and hereby grant us a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not to provide any Submissions that are (i) abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component.
We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services.
4. Digital Millennium Copyright Act Notice / Claims of Copyright Infringement & Related Issues (17 U.S.C. § 512 et seq.)
We respect the intellectual property rights of others. If you believe work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following:
- A physical or electronic signature of the poster;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows: By mail: YSBNow, Inc., 192 Lexington Avenue, 15th Floor, New York, NY 11006; By e-mail: info@YSBNow.com. If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. For further information about the DMCA, please visit the website of the United States Copyright Office at http://www.copyright.gov/onlinesp.
5. Trademark Notice
“YSBNow” and the YSBNow logo and any other YSBNow service names, logos, domain names and other marks are all the registered and unregistered trademarks of YSBNow, and may not be used in whole, or part, including without limitation in any metatags or other “hidden text”, without our written consent. Please do not use our marks or any third party marks without our permission.
6. Indemnification
You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, any of your Submissions, your use or access of the Site, or access by anyone accessing the Site using your user account.
7. Links to Other Sites
We make no representations whatsoever about any other website that you may access through or identified on this Site. When you access a third party website, please note that such website is independent from YSBNow, and that we have no control over that website or any content therein. In addition, the inclusion of a link to a third party website does not mean that we endorse or accept responsibility for the content of or the use of the linked website. If you decide to access any of the third party websites linked by or referenced on this Site, you do this entirely at your own risk and you acknowledge that such websites are subject to their own terms and privacy policies. Any reference to third parties or their products or services does not constitute or imply endorsement, sponsorship or recommendation by us.
8. Our Site
All pages within this Site and any material made available for download are the property of YSBNow, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws, and together with any material made available for download, any content, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved, in writing, by us. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent.
You are also prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. Violations of system or network security may result in civil or criminal liability.
9. Disclaimer of Warranties
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS AND SERVICES THAT ARE POSTED ON THE SITE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
10. Limitation of Liability Regarding Use of Site
WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF YSBNOW TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).
11. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including any products or services ordered or purchased through the Site. However, there may be rare cases where we may not be able to resolve an issue to your satisfaction. In such cases, you and YSBNow agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including products or services sold or made available through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. By agreeing to these Terms, you agree that U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and YSBNow are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and YSBNow. The arbitration shall take place at a location in New York, NY, U.S. that is reasonably convenient for the parties, or another location that is mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.
YOU AND YSBNOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless you and YSBNow both agree, in writing, the arbitrator may not consolidate more than one person’s claims with your claim, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
12. Miscellaneous Terms
We reserve the right, in our sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. These Terms will be construed according to, and the rights of the parties will be governed by, the laws of the State of New York, without reference to its conflict of laws rules. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between you and YSBNow pertaining to the subject matter hereof. In our sole discretion, we may from time-to-time revise these Terms by updating this page. Your continued use of the Site or any purchase made thereon constitutes your acceptance of such modified terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms are personal to you, and you may not assign them, transfer them, or sublicense them without our prior written consent. However, we may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, and will provide you with notice of any such event by email or by conspicuously posting the notice on the Site.
