15 W 38th St. 10th Fl, New York, NY 10018 | (917) 512-4630 | hello-at-yellowbrick.co
© 2018 Yellowbrick · All Rights Reserved · All Logos & Trademarks Belong to Their Respective Owners
We respect the intellectual property rights of others and we ask that you do the same. Except for any third-party content used as part of the Sites, the data and materials on the Sites, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Sites (collectively, “Yellowbrick Content”) are the intellectual property of Yellowbrick. Yellowbrick Content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. We reserve all rights in and to Yellowbrick Content. Yellowbrick Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Yellowbrick.
Yellowbrick reserves the right to take any legal or technical remedies to prevent the violation of the Yellowbrick Terms and to protect the Services, Users and the rights and property of Yellowbrick and its affiliates. If you violate these Terms, your permission to use the Services automatically terminates and you must immediately destroy any copies you have made of the Yellowbrick Content.
If you wish to request permission to use any Yellowbrick Content in a manner otherwise prohibited under these Terms, please contact: email@example.com.
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submissions”) that you submit, upload, publish, post or display on or through the Services. While Yellowbrick has the right to monitor activity and content associated with the Services, and may choose to prescreen User Submissions, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that Yellowbrick may use certain automated filters and other tools to block spam and to categorize and arrange User Submissions on the Services. We may, but will have no obligation to, remove or limit access to User Submissions originating from any User we believe in our sole discretion to be unlawful, abusive, harassing, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does Yellowbrick have any obligation to verify the accuracy, timeliness or truthfulness of any User Submissions, nor to monitor any User on the Sites. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submissions that you post or store on the Services.
You understand that Yellowbrick and Yellowbrick affiliates are not responsible for User misuse or misappropriation of any content or information that you post anywhere on the Services.
You understand that in using the Services, you may be exposed to User Submissions that you find offensive, indecent and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Yellowbrick be liable in any way for any User Submissions, including but not limited to errors or omissions in any User Submissions, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submissions posted, emailed, transmitted or otherwise made available via the Services.
Finally, you understand that should you provide Yellowbrick with a testimonial, you are granting Yellowbrick a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt and distribute that content (in whole or in part) for use in connection with or related to the Services.
Third Party Website Links to Sites
Yellowbrick permits third party web sites to link to the Sites subject to the third party’s compliance with the following conditions. A site that links to the Sites:
May link to, but not replicate, content contained on the Sites;
Must not create a border environment or browser around content contained on the Sites;
Must not misrepresent Yellowbrick’s relationship with the linker;
Must not imply that Yellowbrick is endorsing or sponsoring the linker or the linker’s services or products;
Must not use Yellowbrick Content without prior written permission from Yellowbrick;
Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
Must not contain materials that would violate any laws; and
Must agree that the link may be removed at any time upon Yellowbrick’s request pursuant to Yellowbrick’s reserved rights to rescind its consent to allow the link.
Limitations on Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE SITES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
YELLOWBRICK RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICES OR THE CONTENT ON THE SITES OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE SERVICES AND THE SITES.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL YELLOWBRICK’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Registration, Passwords and Account Security
You may have the option to view a limited amount of Yellowbrick Content without registering with Yellowbrick, but as a condition of using certain aspects of the Services, you will be required to create a user profile (“User Profile”) by providing your email address, name and selecting a password. Your password should be seven (7) characters in length. If you create a User Profile, you acknowledge that we will treat anyone who logs in using your User Profile as “you.” We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your password in confidence and that you refrain from disclosing this information to anyone. However, by registering with Yellowbrick, you agree not to share your account with anyone. You agree to notify us immediately of any unauthorized use of your password or User Profile or any other breach of security. Yellowbrick may, for security or other reasons, require you to change your user name and/or password and issue new ones to you. Yellowbrick reserves the right to cancel your user name and password without notice if Yellowbrick becomes aware of any breach of these Terms.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account. By using the Services, you agree that you will not encourage, solicit, assist or enable any third party to:
Use the Services for any unlawful purpose, including but not limited to conspiring to violate the law;
Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Create a false or misleading identity for any reason whatsoever, including, but not limited to, impersonating a Yellowbrick employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services, including but not limited to interfere with or disrupt the Yellowbrick servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
Attempt to gain unauthorized access to the Sites, User Profiles, computer systems or networks connected to the Services, through password mining or any other means;
Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the Services;
Register for more than one User Profile or register for a User Profile on behalf of an individual other than yourself;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the Sites, except as expressly authorized by Yellowbrick, provided that, unless otherwise determined by Yellowbrick, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
Copy any part of the Services without the express permission of Yellowbrick unless permitted to do so under these Terms, remove any copyright, trademark or other proprietary notices from the Sites or any copy thereof without the express permission of Yellowbrick, or cause, permit or authorize the modification, creation of derivative works, or translation of the Sites without the express permission of Yellowbrick;
Reformat or frame any portion of the web pages that are part of the Services;
Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
Interfere with another User’s use and enjoyment of the Services;
Harvest or collect email addresses or other contact information of Users, including usernames, from the Services by electronic or other means;
Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third-party web site or service;
Take any steps to interfere with or in any manner compromise or circumvent any of Yellowbrick’s privacy or security measures;
Use the Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.
Modification or Termination
Yellowbrick reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (in whole or in part) with or without notice to you.
Yellowbrick may terminate your account and may suspend or remove you from the Services without prior notice for any reason or no reason at our sole discretion. You agree that Yellowbrick will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
Contact for Alleged Copyright Infringement
If you believe that your work has been copied and posted on the Sites or through the Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Sites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.
The Yellowbrick Copyright Agent for notice of claims of copyright infringement can be reached at:
Attn: Copyright Agent
222 Broadway, NY, NY 10038
Upon receipt of notice as described above, Yellowbrick will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Sites, in accordance with applicable law.
Changes to the Terms
We reserve the right to update or modify these Terms at any time and without prior notice, by posting a link to the revised version of the Terms on the Sites.
Children Under the Age of 13
The Services are not directed at children. Children under the age of 13 should not attempt to use or access Services.
Please send any questions, concerns or comments, or report violations of the Terms to us at: firstname.lastname@example.org
Services Requiring Payment
Certain Services may require payment. When you use a service that has a fee, you have the opportunity to review and accept the fee that you will be charged. To access such Services, payment must be made in full prior to accessing the Services. Charges are expressed in US Dollars. Should you wish to terminate the Services that require payment, you will not be entitled to a refund. Rates for Services may change over time and are effective the date they are posted to the Yellowbrick website. Failure to accept the fee will prohibit a User’s access to certain Services.
Links to Third Party Websites and Third Party Transactions
By accepting these Terms, you agree to indemnify and otherwise hold harmless Yellowbrick, its directors, officers, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access to the Sites; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. Yellowbrick reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Yellowbrick in the defense of any such claim, action, settlement or compromise negotiations, as requested by Yellowbrick.
Any new feature, tool or information added to or that enhances the Services will automatically become part of the Services and will be subject to these Terms. In using the Services, you acknowledge and agree that the Services may also include third party advertisements and marketing tools. While Yellowbrick makes a reasonable effort to provide accurate and useful information to its Users, Yellowbrick makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the Sites or available through the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. YELLOWBRICK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY YELLOWBRICK, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE SITES AND THE SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE SERVICES.
THE RELEASED PARTIES MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, (e) THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, (f) INFORMATION PROVIDED ON OR BY THE SERVICES, CBOS OR OTHER THIRD PARTIES IS ACCURATE OR TIMELY, AND (g) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YELLOWBRICK OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Yellowbrick makes no representation that materials on the Sites are appropriate or available for use outside the United States, and access to them from territories where its content is illegal is prohibited. You may not use, export or re-export the Yellowbrick Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of Yellowbrick to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.
Yellowbrick reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Services, Users, and the rights and property of Yellowbrick and its affiliates.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15 W 38th St. 10th Fl, New York, NY 10018 | (917) 512-4630 | hello-at-yellowbrick.co
© 2018 Yellowbrick · All Rights Reserved · All Logos & Trademarks Belong to Their Respective Owners