
Universal UTOS of Service for PhotosYourWay.com
Welcome to PhotosYourWay.com
YourWay Brands (“YourWay”) is a family of companies (PhotosYourWay.com,LLC and ImagesYourWay.com, LLC) and services.
YourWay offers a variety of services including websites (“Sites”) such as the PhotosYourWay.com
and ImagesYourWay.com websites, and
the features, content, products, services, and applications offered from time to
time in connection with those Sites (collectively the “Services”). The Services
also may include advertisements from third parties, and promotional information
and communications about YourWay Services.
- Your relationship with YourWay Brands
These Universal UTOS of Service (“UTOS”) set forth the basic legal agreement between
you and YourWay regarding your use of the Services. There may be additional UTOS
that apply to specific Services (“Additional UTOS”), such as buying and selling
products on photsyourway.com or imagesyourway.com. YourWay will provide notice of
such Additional UTOS where they apply. Unless otherwise provided in the Additional
UTOS, the Additional UTOS are hereby incorporated into these UTOS. These UTOS and
the Additional UTOS collectively are referred to as the “UTOS.” If there is any
contradiction between the Additional UTOS applicable to a specific Service and these
UTOS, the Additional UTOS shall take precedence in relation to that particular Service.
Because the UTOS form a binding legal agreement between you and YourWay it is important
that you take the time to read them carefully. By using the Services, you agree
to be bound by the UTOS. If you do not accept these UTOS, you should leave this
Site immediately. In addition, you may not use the Services if you cannot accept
the UTOS because do not meet all of the following requirements (a) you are not of
legal age or otherwise incapable to form a binding contract with YourWay, (b) you
are not at least 18 year of age or (c) you are a person barred from receiving the
Services under the laws of the United States or other countries including the country
in which you are resident or from which you use the Services.
You may be given the opportunity to accept certain Additional UTOS by clicking to
accept or agree to the Additional UTOS, where this option is made available to you
by YourWay in the user interface for any Service. If you do not accept the Additional
UTOS when so offered, you will not be allowed to use the Services to which those
Additional UTOS apply.
YourWay may change these UTOS from time to time at its sole option. Any modifications
to the UTOS shall be effective upon posting on this Site. Any special rules regarding
modifications to Additional UTOS will be set forth in those Additional UTOS. By
using this Site, you agree to be bound by any changes to these UTOS when you use
the Services after any such modification is posted. You should review the UTOS regularly
to ensure that you are updated as to any changes. You can review the most current
version of the UTOS at any time at: Universal Terms Of Service.
- Your access to the Services
- Use of Content. The Services
may include information, data, text, software, music, sound, photographs, graphics,
video, messages, tags, or other materials ("Content") posted by other users of the
Services. Photos Your Way does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Photos Your Way
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made available
via the Service. You must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content
created by Photos Your Way or submitted to Photos Your Way, including without limitation
information in Photos Your Way Community Boards and in all other parts of the Service.
- Technical requirements.
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. The Service
and software embodied within the Service may include security components that permit
digital materials to be protected, and that use of these materials is subject to
usage rules set by YourWay and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded into
the Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
- Compliance with Export and other
laws. The YourWay Sites are hosted in the
United
States. When you use the Services, you will be causing communications to be sent through
YourWay's computer network, portions of which may be located throughout the
United States
, and to other users who may be located throughout the
United States
and abroad. By using the Service, you acknowledge you may be engaging in interstate
and international data transmissions. Certain Content available in connection with
the Services may be further subject to
United
States
export controls. When using the Service, you shall comply with all applicable laws
regarding the transmission of technical data exported from the
United
States
or the country in which you reside. If you are located outside the
United States
, you are solely responsible for complying with any applicable laws regarding your
access to the Services. Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable Content specifically.
- Dealing with Advertisers.
You may use most of the Services without charge. In exchange, the Services may include
messages from advertisers. Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other UTOS, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that YourWay shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
- Links. The Service may
provide, or third parties may provide, links to other World Wide Web sites or resources.
Because YourWay has no control over such sites and resources, you acknowledge and
agree that YourWay is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that YourWay shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
- Your Obligations as a YourWay
Member
- Registration: Some of
the Services are provided to members only. You can become a member if you register
and agree to any Additional UTOS applicable to the Services. If you become a member
of any Site that includes member registration, you agree that: (a) you are capable
of forming a binding legal contract and at least 18 years of age; (b) you will provide
true, accurate, current and complete information about yourself as prompted by the
Service's registration form (the "Registration Data"); and (c) you will maintain
and promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or YourWay has any other reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, YourWay has the right
to suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
- Privacy Policy for Members.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy
at ImagesYourWay Privacy Policy or if you came from Photos Your Way, then see our Photos Your Way privacy policy at Photos Your Way Privacy Policy. By
using the Service you consent to the collection and use (as set forth in the Privacy
Policy) of this information by YourWay and its affiliates as set forth therein.
- Your passwords and account security.
If you register to become a member, you will receive a user name and password. You
are responsible for maintaining the confidentiality of you user name and password
associated with any account you use to access the Services. You will be solely responsible
to YourWay for all activities that occur under your account. If you become aware
of any unauthorized use of your password or of your account, you must notify YourWay
immediately at abuse@yourwaybrands.com
- Member Conduct. All Content,
whether publicly posted or privately transmitted, are the sole responsibility of
the person who posts such Content via a Service. This means that you, and not YourWay,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. By posting Content, you represent and
warrant that you own the content posted by you on or through the Services, or otherwise
have the rights to grant to YourWay the licenses set forth herein. You also represent
and warrant that the posting of your Content on or through the Services does not
violate the privacy, publicity, intellectual property, or other rights of any other
person. You agree to pay for all royalties, fees and any other monies owning to
any person by reason of any Content you post on or through the Services. You also
agree to not use the Service in any objectionable or illegal way. Without limiting
the foregoing, you shall not:
- upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, lewd, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity,
including, but not limited to, another member, YourWay employee or representative,
community leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through the
Service;
- upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation.
- upload, post, email, transmit or
otherwise make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users' ability to engage
in real time exchanges;
- interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally
violate any applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- provide material support or resources
(or to conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States government
as a foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
- "stalk" or otherwise harass another;
- cover or obscure the advertisements
on the Services; and/or
- collect or store personal data about other users in connection with the prohibited conduct
and activities set forth in paragraphs a through m above.
Unless your have been specifically permitted to do so in a separate written agreement
with YourWay, you agree that you will not reproduce, duplicate, copy, sell, trade,
or resell the Services for any purpose.
YourWay may delete any Content that in its sole judgment violates the Terms or which
may be offensive, illegal or violate the rights, harm or threaten the safety of
any person. YourWay assumes no responsibility for monitoring the Services for inappropriate
Content or conduct. If at any time YourWay chooses, in its sole discretion, to monitor
the Services, YourWay nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no responsibility
for the conduct of any user submitting Content.
If in your opinion there is objectionable or offensive content on any YourWay.com
web site you may notify us at abuse@yourwaybrands.com
- Proprietary Rights
- Rights Regarding the Services.
You acknowledge and agree that YourWay (or YourWay’s licensors) own all legal right,
title and interest in and to the Services other than the Content, including any
intellectual property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights may exist).
You further acknowledge that the Services may contain information which is designated
confidential by YourWay and that you shall not disclose such information without
YourWay’s prior written consent.
The materials on this web site belong to or are licensed to us. The materials are
protected by
United States
and foreign copyright laws. You may e-mail, download, or print copies of the materials
on this web site, but only for your personal, noncommercial use, unless otherwise
provided in Additional UTOS. . If you use the materials or trademarks on this Services in a way that is not clearly allowed by these UTOS, you
are violating your agreement with us and may be violating copyright, trademark,
and other laws. In that case, we automatically revoke your permission to use the
Services. Title to the materials remains with us or with the authors of the materials
contained on this web site. All rights not expressly granted are reserved.
YourWay grants you a personal, non-transferable and non-exclusive right and license
to use the Service on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Service. You agree neither to modify the Services in any manner or form, nor to
use modified versions of the Service, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by YourWay for use
in accessing the Service.
- Trademark rights. We also
own the names we use for our products and services on this web site, and these names
are protected by
United
States
and foreign trademark laws. An ® following a name on our web site indicates that
the trademark has been registered in the
United
States
. A ™ following a name on our web site indicates that it is an unregistered trademark.
All trademarks are the property of their respective owners. The YourWayBrands logo,
YourWay, YourWay logo, Photos Your Way logo, PhotoYourWay.com, ImagesYourWay logo,
ImagesYourWay.com, MuralsYourWay logo, MuralsYourWay.com, SongsYourWay.com, HRYourWay
logo, HRYourWay.com, trademarks, domain names and service marks and other logos
and product and service names (“YourWay Marks”) are trademarks of YourWay Brands
You may not to display or use in any manner the YourWay Marks without our permission.
- Rights Regarding Content. YourWay does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available for
inclusion on the Service, you grant YourWay the following worldwide, royalty-free
and non-exclusive license(s), as applicable:
- With respect to Content you submit
or make available on publicly accessible areas of the Services that are marked for
public redistribution at the time of your submission, the perpetual, irrevocable
and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in part)
and to incorporate such Content into other works in any format or medium now known
or later developed.
"Publicly accessible" areas of the Service are those areas of the YourWay Sites
that are intended by YourWay to be available to the general public. By way of example,
publicly accessible areas would include YourWay Community Boards and portions of
YourWay Groups, Photos and YourWay Forums that are open to both members and users.
However, publicly accessible areas of the Service would not include portions of
YourWay Communities that are limited to members, YourWay services intended for private
communication such as YourWay Mail or YourWay Messenger, or areas off of the YourWay
network of properties such as portions of World Wide Web sites that are accessible
via hypertext or other links but are not hosted or served by YourWay.
- Your Suggestion and Contributions.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to YourWay through its suggestion or feedback web pages, you acknowledge and agree
that: (a) your Contributions do not contain confidential or proprietary information;
(b) YourWay is not under any obligation of confidentiality, express or implied,
with respect to the Contributions; (c) YourWay shall be entitled to use or disclose
(or choose not to use or disclose) such Contributions for any purpose, in any way,
in any media worldwide; (d) YourWay may have something similar to the Contributions
already under consideration or in development; (e) your Contributions automatically
become the property of YourWay without any obligation of YourWay to you; and (f)
you are not entitled to any compensation or reimbursement of any kind from YourWay
under any circumstances.
- Indemnity. You
agree to indemnify and hold YourWay and its subsidiaries, affiliates, officers,
agents, directors, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available through
the Service, your use of the Service, including but not limited to your posting
of any Content or use of Content posted by others, your connection to the Service,
your violation of the UTOS, or your violation of any rights of another. YourWay
reserves the right, at your expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with YourWay's defense of such claim.
- No
Sale
of Service. Unless your have been specifically permitted to do so in
a separate written agreement with YourWay, you agree that you will not reproduce,
duplicate, copy, sell, trade, or resell the Services for any purpose.
- General Practices for Use and
Storage. YourWay may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
Content will be retained by the Service, the maximum size of any transmission that
may be sent from or received by an account on the Service, the maximum disk space
that will be allotted on YourWay's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a given
period of time. YourWay has no responsibility or liability for the deletion or failure
to store any messages and other communications, photos or other Content maintained
or transmitted by the Service. YourWay reserves the right to log off accounts that
are inactive for an extended period of time. YourWay reserves the right to modify
these general practices and limits from time to time.
- Changes to Service.
YourWay reserves the right at any time and from time to time to modify or change,
or discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that YourWay shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
- Termination. You
agree that YourWay may, for any reason with or without cause, and without prior
notice, immediately terminate your YourWay account, any associated email address,
and access to the Service. Termination of your YourWay account includes (a) removal
of access to all offerings within the Service, including but not limited to Photos Your Way,
ImagesYourWay, MuralsYourWay and their: Communities, Groups, Rental Agreements,
Commission Agreements, Community Boards, Greetings, and Alerts, (b) deletion of
your password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring of further use of the
Service. YourWay shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the Service.
- DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. YOURWAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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. YOURWAY
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL, INCLUDING CONTENT, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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 ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM YOURWAY OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE UTOS.
THERE IS A SMALL PERCENTAGE OF THE POPULATION THAT MAY EXPERIENCE SEIZURES OR OTHER
ADVERSE MEDICAL CONDITIONS OR ADVERSE SYMPTOMS FROM BEING EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, IF YOU, OR ANYONE IN YOUR FAMILY HAVE
A CONDITION THAT MAY BE ADVERSELY AFFECTED BY USE OF THE SERVICE IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN. IF YOU ARE AWARE THAT YOU OR YOUR
FAMILY HAS IN THE PAST BEEN ADVERSELY IMPACTED FROM THE USE OF A COMPUTER YOU ARE
ADVISED NOT TO USE THIS SERVICE.
- LIMITATIONS OF LIABILITY. YOURWAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOURWAY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR
THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO
THE SERVICE.
- Exclusions and Limitations.
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 above limitations of sections may not apply to you.
- General Legal Terms
- No Third –Party Beneficiaries.
You acknowledge and agree that each member of YourWay Brands, including the group
of companies of which Environmental Graphics LLC is the parent shall be third party
beneficiaries to the UTOS and that such other companies shall be entitled to directly
enforce, and rely upon, any provision of the UTOS which confers a benefit on (or
rights in favor of) them. Other than this, no other person or company shall be third
party beneficiaries to the UTOS.
- Notice. YourWay may provide
you with notices, including those regarding changes to the UTOS, by email, regular
mail or postings on the Service.
- Procedure For Making Claims For
Infringement Of Copyright Or Intellectual Property. YourWay respects the
intellectual property of others, and we ask our users to do the same. YourWay may,
in appropriate circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide YourWay's Copyright
Agent the following information:
- an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted
work or other intellectual property that you claim has been infringed;
- a description of where the material
that you claim is infringing is located on the site;
- your address, telephone number,
and email address;
- a 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 or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
YourWay's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached by mail at:
Attention: Copyright Agent for Photos Your Way
717 Fifth Street South
Hopkins, MN 55343
By phone: (952) 278-0791
By fax: (952) 938-4808
By email: copyrights@PhotosYourWay.com
- Complete Agreement. The
UTOS constitute the whole legal agreement between you and YourWay and govern your
use of the Services and completely replace any prior agreements between you and
YourWay in relation to the Services.
- Jurisdiction and Venue.
The UTOS, and your relationship with YourWay under the UTOS, shall be governed by
the laws of the State of
Minnesota
without regard to its conflict of laws provisions. You and YourWay agree to submit
to the exclusive jurisdiction of the courts located within the
county
of
Hennepin
,
Minnesota
to resolve any legal matter arising from the UTOS. Notwithstanding this, you agree
that YourWay shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
- Waiver and Severability of UTOS.
The failure of YourWay to exercise or enforce any right or provision of the UTOS
shall not constitute a waiver of such right or provision. If any provision of the
UTOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the UTOS remain in full
force and effect.
- Enforcement of Rights.
In addition to any rights set forth in the Privacy Policy, YourWay may access, preserve
and disclose information about you, your use of the Services, and your Content if
required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the UTOS; (c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property
or personal safety of YourWay, its users and the public.
- No Right of Survivorship and Non-Transferability.
You agree that your YourWay account is non-transferable and any rights to your YourWay
ID or contents within your account terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
- Statute of Limitations.
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 Service or the UTOS must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
- Violations. Please report
any violations of the UTOS to our Customer
Care group
This document was last updated
November 13,
2007
|