PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE WEBSITE WWW.YODLME.COM AND OTHER FEATURES, CONTENT, OR APPLICATIONS (COLLECTIVELY, THE “SITE”) OFFERED BY APPLECART LTD. (“APPLECART”), YOU SIGNIFY YOUR ASSENT TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO USE THE SERVICES. APPLECART’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY APPLECART, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The purpose of the Site, owned and operated by APPLECART LTD. (“Applecart”), a limited liability company registered in England and Wales, is to provide a personal browser for you to organize your subscriptions to, and the content delivered through YODL channels made available at WWW.YODLME.COM and/or third-party websites (the “Services”). This Agreement applies to all users of the Site and Services including users who contribute content, information and other materials or services on the Site. The Site is accessed by you (“User” or “you”) under the following terms and conditions:
1. Access To The Services
Subject to the terms and conditions of this Agreement, Applecart may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Applecart performs for you, as well as the offering of any materials displayed or performed on the Site or the Services (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”). Applecart may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. Applecart may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Applecart reserves the right, at its discretion, to modify this Agreement or Content at any time by posting a notice on the Site, or by sending you a notice via e-mail or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to Applecart that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site and use the Services is revoked in such jurisdictions. Applecart will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Applecart to minimize such disruption where it is within Applecart’s reasonable control. YOU AGREE THAT NEITHER APPLECART NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Content of the Site and Services
Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Applecart, or from the copyright holder identified in such Content’s copyright notice. All trademarks, service marks, and trade names which appear on the Site or through the Services (other than those appearing in any Content posted by a User) are proprietary to Applecart and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to UK copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to Applecart shall become the property of Aplecart or its designee. Applecart will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, Applecart will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Applecart, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
3. Restrictions
You are responsible for all of your activity in connection with the Services and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site. You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Services.
4. Warranty Disclaimer
Applecart has no special relationship with or fiduciary duty to you. You acknowledge that Applecart has no control over, and no duty to take any action regarding: which users gain access to the Site or Services; what Content you access via the Site or Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Applecart from all liability for your having acquired or not acquired Content through the Site. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Applecart makes no representations concerning any content contained in or accessed through the Site or Services, and Applecart will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, APPLECART DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT APPLECART IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE OR SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE OR SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE OR SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
5. Third Party Websites.
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Applecart or the Site. Unless explicitly otherwise provided, neither Applecart nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Applecart and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or Applecart with respect to such sites and third party content.
6. Registration and Security.
As a condition to using Services, you may be required to supply Applecart with certain registration information, including registration information for third party services you access through Applecart. You shall provide Applecart with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to and/or use of the Site or Services. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. You shall never use another User’s account or registration information, for Applecart or any third party services you access through the Site or Services, without permission. Applecart reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your Site password. You hereby irrevocably authorise Applecart to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
7. Indemnity
You will indemnify and hold Applecart, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Site or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.
8. Limitation of Liability
IN NO EVENT SHALL APPLECART, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. APPLECART’S AND THE SITE’S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED POUNDS STIRLING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
9. Termination
Either party may terminate the Services at any time by notifying the other party by any means. Applecart may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
10. Privacy
Please review our Privacy Policy, which governs the use of personal information by Applecart and to which you agree to be bound as a user of the Site and Services.
11. Copyright Restriction
The Site is owned by Applecart and is protected by copyright laws, international treaty provisions and all other applicable national and EU laws. The Site contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Site. Nor can you create any derivative works or other works that are based upon or derived from the Site in whole or in part. Applecart, and Yodl name, logo and graphics files that represents the Site shall not be used in any way. You shall not remove, obscure or alter any copyright notice from the Site. Where the Site contains any third party copyright software you have no right to use that software (or those related programmes) except as part of the Site. Applecart retains sole and exclusive ownership of all right, title and interest in and to the Site and all Intellectual Property rights relating thereto. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Applecart. The ‘Applecart’, ‘Ceros’ and ‘Yodl’ logos and symbols are the copyright of the respective organisations. You may not copy the accompanying product manual or other written materials accompanying the Site. The software uses and relies upon data provided by Applecart which is the sole and exclusive property of Applecart. This data is and remains the property of Applecart and you shall not, nor attempt to extract or derive this data by any means. In case of breach Applecart shall be entitled to pursue separate and direct action against you.