Last Updated: 18 Feb, 2020
Terms and Conditions
By your use and access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.
1.1 You hereby represent and warrant that:
- (in the case you are contracting personally) you are above eighteen (18) years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either;
- accessing this Site, using the Services and contracting in your own personal capacity; or
- accessing this Site, using the Services and contracting on behalf of a corporate entity.
- where you are contracting on behalf of another entity or individual other than yourself, you are authorised to bind the entity or individual on whose behalf you are contracting and such entity or individual agrees to be bound by these Website Conditions; and
- all of the information provided by you to Yuvo (including without limitation personal particulars and contact information) is accurate and complete.
1.2 Yuvo reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time without notice to you and without liability to Yuvo. Yuvo may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice to you and without liability to Yuvo. This provision is notwithstanding the contract period of services contracted by you to be for a fixed period of perhaps one (1) month or one (1) year. You agree that you have considered and have accepted the above terms unreservedly and represent to Yuvo that you will not take any action, whether by judicial process or otherwise, contrary to the above and, without prejudice to any other provision herein, you agree to indemnify Yuvo on a full indemnity basis in the event you breach any of the above provisions.
1.3 Yuvo may from time to time vary or amend these Website Conditions by posting the amended Website Conditions on this Site. Any use of the Services after the amended Website Conditions have been posted to this Site will be deemed to be an acceptance of the amended Website Conditions and an agreement to be bound by the amended Website Conditions. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
2.1 In these Website Conditions, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account opened under this Site.
“App” means any software or application programme of Yuvo.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Sites” is defined in Clause 9.
“Personal Data” means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which Yuvo has or is likely to have access.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Services” means the services provided by Yuvo and Yuvo’s Site as defined in Clause 3.2.
“Site” means the Yuvo website.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User” means a permitted user of a registered Account under the Site.
“User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a User to the Site.
“Yuvo Content” means all Content of Yuvo that is made available on or via this Site or an App.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in these Website Conditionsdo not have any legal effect nor shall they affect the construction of these Website Conditions in any way.
3. Site and Services
3.1 By using this Site you are liable to Yuvo for all your actions.
3.2 Yuvo may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
3.2.1 access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works, including any print, digitised or electronic newspapers, magazines, Apps or other content of Yuvo, whether through an online store or otherwise;
3.2.2 search engines or tools;
3.2.3 a platform to create, upload and publicly make available personalised material;
3.2.4 an advertising and branding platform;
3.2.5 message boards, forums, blogs, communication tools;
3.2.6 a social networking platform;
3.2.7 email alerts;
3.2.8 service plans and add-on services (as set out in Clause 3.4);
3.2.9 the E-Sign Service (as set out in Clause 3.5); and
3.2.10 any other features, tools, content or applications that Yuvo may offer on or through the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use Yuvo Services, you will be required to register an Account and additionally shall be bound to strictly comply with these Website Conditions.
3.4 Service Plan and Add-on Services. Yuvo provides service plans and add-on services with features and at such prices as stated on the Site, which may be amended by Yuvo from time to time.
3.6 From time to time Yuvo will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4. Accounts and Users
4.1 To access and use the Site and Services, you are required to register for an Account with us.
4.2 With this Account, you may register multiple Users and you may determine what features each User will be permitted to use.
4.3 Please refer to our Site for more information about Account and User features.
5. Content Use Conditions
5.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
5.1.1 any Service;
5.1.2 the Site;
5.1.3 any Yuvo Content except, to the extent permitted, with the prior written consent of Yuvo or unless expressly permitted in these Website Conditions; or
5.1.4 any Third Party User Content except, to the extent permitted, with the prior written consent of Yuvo and the owner or licensee of the specific User Content.
5.2 Without prejudice to the generality of Clause 5.1, you agree not to reproduce, display or otherwise provide access to the Services, Yuvo Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Yuvo.
5.3 You may for your personal, non-commercial use:
5.3.1 retrieve and display Yuvo Content on any compatible device owned by you;
5.3.2 print a single copy of Yuvo Content on paper (but not photocopy them); and
5.3.3 store such Yuvo Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
5.4 All Yuvo Content are the copyrighted work of Yuvo or its content or software providers, and Yuvo reserves and retains all rights to the Yuvo Content. Use of some Yuvo Content may be governed by the terms of an accompanying end user license agreement.
5.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Yuvo Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or by Yuvo in writing.
6. Intellectual Property
6.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Yuvo Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Yuvo.
6.2 The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of Yuvo or other third parties, and all rights to the Marks are expressly reserved by Yuvo or relevant third parties. You are not permitted to use any Marks without the prior written consent of Yuvo or such third party. Yuvo and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Yuvo or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Yuvo.
6.3 The domain name on which the Site is hosted on is the sole property of Yuvo and you may not use or otherwise adopt a similar name for your own use.
6.4 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: firstname.lastname@example.org.
7. Online Conduct
You hereby undertake:
7.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Yuvo from time to time (which are hereby incorporated by reference into these Website Conditions);
7.2 not to use any Service or Yuvo Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
7.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
7.4 not to share User emails to access the Account, Site or Service at any time, whether with or without such User’s permission.
8. Disclaimers & Limitations
8.1 While we make every effort to ensure that all Yuvo Content displayed on the Site is accurate and complete, we provide the Yuvo Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Yuvo disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Yuvo does not warrant that the functions contained in or access to the Site, Services, Yuvo Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Yuvo Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Yuvo Content in or with any Computer will not affect the functionality or performance of the Computer. Yuvo does not warrant or make any representations regarding the use or the results of the use of the Yuvo Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Yuvo) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree that due to the nature of data stored in electronic form, that you will not to hold Yuvo liable for any amount for the loss of any of your User Content for any reason whatsoever and that you will in your own time and at your own cost make copies of all User Content.
8.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site are for use in Singapore only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Such information is not nor is intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Yuvo does not sponsor, endorse or promote any financial products, services or information.
8.3 You acknowledge that it is not Yuvo’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Yuvo does not endorse and shall not be responsible for any such content.
8.4 You acknowledge and agree that Yuvo does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Yuvo hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
8.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Yuvo shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
8.6 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any such User Content, and you agree to exercise access and use all User Content available through our Site only at your own risk and with care and discretion.
8.7 You agree that:
8.7.1 Yuvo shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
8.7.2 access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, Yuvo shall not be liable for any loss, liability or damage which may be incurred as a result.
8.8 In no event shall Yuvo be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Yuvo Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that Yuvo is liable for damages despite the foregoing provision, you agree that Yuvo’s aggregate liability to you for any and all causes of action in relation to the Yuvo Content, Services, Site, and these Website Conditions, shall not exceed the total amount of fees and charges charged to you and paid by you for the Services to Yuvo for the one (1) month period immediately preceding the time such liability arose.
8.9 Under no circumstances, including, but not limited to, negligence, shall Yuvo be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Yuvo Content, Services, Site, or any other website, even if Yuvo or a Yuvo authorised representative has been advised of, or should have foreseen, the possibility of such damages.
8.10 To the maximum extent permitted by applicable law, Yuvo disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
8.11 You agree that the above exclusions and limitations of liability enable the Services and the Yuvo Content to be provided by Yuvo at either reasonable costs or no costs to you.
9. Linked Sites
Yuvo may provide links to other sites (“Linked Sites“) that may be of relevance and interest to Users. Yuvo has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
10. Data Use & Privacy
11. Subscription and Billing
11.1 Fees. Our fees (which unless otherwise specified are in Singapore dollars) may be charged on a monthly basis (“Monthly Cycle”) or a yearly basis (“Annual Cycle”) depending on which Service you have purchased. Our fees are stated on our pricing page. Local taxes and bank charges where applicable, may be charged on top of basic subscription fees.
11.2 Billing Date. Each User has his/her own billing date and Yuvo determines this at its sole and absolute discretion (“Billing Date”). On the Billing Date, you will receive an invoice from Yuvo.
11.3 Refund Policy. There will be no refunds, whether the form of cash or online credits/points, if a User becomes inactive for any reason whatsoever (“Inactive User”), including without limitation to when such User’s employment with the company is terminated, and such Inactive User’s Service Plans and account have not been cancelled.
11.4 Bills and headcounts. Yuvo will prepare invoices based on a number of factors determined at our sole and absolute discretion, including without limitation to your employee headcount.
11.5 Payment of Fees.
11.5.1 If we do not receive payment for any invoice within thirty (30) days from the specified invoice date (“Invoice Date”) we shall be entitled to suspend provision of the Services to the User until all sums due are paid in full. If you disagree with or question any amount due under an invoice submitted by us, you must communicate such disagreement or objection to us, in writing, within twenty (20) days of such Invoice Date. You will be deemed to have waived any claim if no communication was made within that period. All fees are non-refundable. Yuvo may charge additional fees for exceptions in processing, setup, and other special services (including optional add-on services requested by the User).
11.5.2 Yuvo reserves the right to change the fees for its Services from time to time. Users will be notified of any change to existing fees at least thirty (30) days before the fee change goes into effect. If a fee increase or change to these Website Conditions is not acceptable to User, User may cancel the Services as provided herein prior to the time when such fee increase or change to these Website Conditions takes effect. User’s continued use of the Services beyond the cancellation window constitutes User’s agreement to those changes.
12. Switching Service Plans
12.1 You may choose to upgrade or downgrade your service plans with Yuvo at any time.
12.2 Upgrade. When a User decides to replace his/her existing plan by purchasing a more expensive service plan (“New Upgraded Plan”), upon his selection of such New Upgraded Plan, the User will begin receiving access to the features and Services available under the New Upgraded Plan at the time of such upgrade. The New Upgraded Plan’s fees will automatically be charged to the User starting from the month in which he/she started using the New Upgraded Plan.
12.3 Downgrade. When a User decides to replace his/her existing plan by: (i) purchasing a less expensive or (ii) using a free service plan (“New Downgraded Plan”), the User will still receive access to the features and Services available to his/her existing plan until the end of the contract period. The New Downgraded Plan’s fees will automatically be charged to the User for the new Monthly Cycle or Annual Cycle, whichever applicable.
You agree that Yuvo has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, with no prior notice and without assigning any reason.
14. Notification of Infringement
14.1 Yuvo reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Yuvo Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Yuvo in writing immediately. Otherwise, you have deemed to have consented to Yuvo’s use and commercial exploitation of any applicable intellectual property rights. If you subsequently claim or take action against Yuvo in respect of such intellectual property rights, you agree that you have waived your claim and rights for the period prior to the commencement of such claim or action.
14.2 All Infringement Notices shall be sent to Yuvo addressed as follows:
Yuvo Pte Ltd
Attention: The Company Secretary
#20-06, Suntec Tower One,
7 Temasek Boulevard,
14.3 Yuvo will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Yuvo in respect of any Infringing Material, unless you have first given Yuvo the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Yuvo refuses or fails to remove the Infringing Material within a reasonable time. Where Yuvo removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Yuvo under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Yuvo.
14.4 You acknowledge and agree that Yuvo has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
15. Yuvo’s Rights to Monitor User Conduct
15.1 Yuvo has the right to monitor Accounts in the platform for the purposes of operating the Platform and Services, ensuring compliance with these Website Conditions, and complying with applicable law or other legal requirements. Yuvo has the sole and absolute discretion to disable access to Accounts that Yuvo believes are suspicious and may constitute a threat to security or a violation of the law, or to our polices.
15.2 Yuvo may also consult and cooperate with law enforcement authorities and administrative agencies to prosecute Users of Accounts who violate the law.
16. Jurisdictional Issues
Yuvo makes no representation that the Contents of the Site or the services provided are appropriate to you, available for use in your physical location, or complies with all laws that apply to you, irrespective of your physical location. Those who choose to access this Site do so on their own risk and are responsible for compliance with all laws that may apply to you.
You agree to indemnify and hold Yuvo, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
17.1 any use of the Site or any Service;
17.2 your connection to the Site;
17.3 your breach of any terms and conditions of these Website Conditions;
17.4 your violation of any rights of another person or entity; and/or
17.5 your breach of any statutory requirement, duty or law.
If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
19. Relationship of Parties
Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Yuvo and you and neither party shall have any authority to bind the other in any way.
20.1 No waiver of any rights or remedies by Yuvo shall be effective unless made in writing and signed by an authorised representative of Yuvo.
20.2 A failure by Yuvo to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
21. Rights of Third Parties
A person or entity who is not a party to these Website Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of these Website Conditions, regardless of whether such person or entity has been identified by name, as a User of a class or as answering a particular description.
22. Force Majeure
22.1 Yuvo shall not be liable for any failure to perform its obligations under these Website Conditions if the failure results from a Force Majeure Event (defined below) and is entitled to be relieved of any of its obligations at its sole and absolute discretion without notice to you.
22.2 For purposes of these Website Conditions, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Website Conditions. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, general failure of public transport, and failure or disruption of the internet.
23. Governing Law & Jurisdiction
23.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
23.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
ACCEPTABLE USE RULES (“AUR”)
Last updated: 11 Feb, 2020
- Amongst other things, this AUR is intended to protect Yuvo and the Internet community from the inappropriate use of User’s use of the internet, of Yuvo Hub, and of the Services.
- This AUR applies to you, a natural person, even though you may be acting on behalf of another. You expressly, irrevocably and unreservedly agree with the terms of this AUR.
- In the event of any conflict between this AUR and the terms of any contract you may have with Yuvo, the relevant provision of that contract shall prevail to the extent of any inconsistency.
- In this AUR, capitalised words and expressions have the meanings given in the Customer Agreement [date] unless otherwise provided herein. Furthermore, to the extent that the context so allows, words importing the singular shall include the plural and vice versa.
- User shall not perform any of the following actions and also procure that its end users or any third party that uses Yuvo Hub or the Services, shall not perform any of the following actions:
- resell, sublicense, timeshare, or otherwise share the Services with any person who is not authorised by User to use the Account;
- display, mirror, frame, harvest, or scrape any content of: (i) Yuvo Hub, or the layout or design of or from any page thereof; (ii) the Services; (iii) Yuvo Content; or (iv) any individual element within Yuvo Hub, the Services, or Yuvo Content, including Yuvo’s name and any Yuvo trademark, logo, or other proprietary information, in each case, without Yuvo’s express prior written consent;
- access, tamper with, or use non-public areas of Yuvo Hub, the Services, Yuvo’s computer systems, the technical delivery systems of Yuvo’s providers, or any other area that would be reasonably determinable as areas on which Yuvo does not intend to be publicly accessible by persons other than those authorised by Yuvo;
- interfere or attempt to interfere with the proper working of Yuvo Hub or the Services (including but not limited to any application, function, or use of Yuvo Hub or the Services), or any activities conducted on Yuvo Hub or the Services;
- take any action that imposes or may impose (as determined by Yuvo in Yuvo’s sole discretion) an unreasonable or disproportionately large load on Yuvo’s (or any of their affiliates, subsidiaries, partners, etc.) infrastructure;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yuvo or any of Yuvo’s providers or any other third party (including another User) to protect Yuvo Hub, the Services, Yuvo Content or User Content;
- access Yuvo Hub for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through Yuvo Hub or the Services;
- use any meta tags or other hidden text or metadata utilising a Yuvo trademark, logo, URL, or product name without Yuvo’s express written consent;
- use Yuvo Hub, the Services, or Yuvo Content, or any portion thereof: (i) for any purpose other than User’s internal business purposes; (ii) for the benefit of any third party not expressly authorised by Yuvo in prior express writing; or (iii) in any manner not permitted by the Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Yuvo Hub, the Services, or Yuvo Content to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide Yuvo Hub, the Services, or Yuvo Content;
- modify, translate, or otherwise create derivative works of any part of Yuvo Hub, the Services, or other content (including the Yuvo Content) other than User’s own User Content;
- violate or attempt to violate the security of Yuvo Hub or the Services, including without limitation, attempting to interfere with, disrupt or disable services to any user, host or network, including but not limited to via means of overloading, “flooding”, “mail bombing” or “crashing”.
- engage in any activity that is contrary to the Data Protection Rules;
- impersonate or misrepresent User’s affiliation with any person or entity;
- engage in any fraudulent, deceptive, or illegal practices or activities, or use Yuvo Hub or the Services to directly or indirectly support any such practices or activities;
- attempt to connect to any third-party systems without prior permission or arrangement;
- use Yuvo Hub or the Services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, or other destructive activities like Denial of Services (“DOS”) attacks, or scanning or any form of probing / automated network status polls / information collection of a third party’s network / system without prior permission, intentional or otherwise;
- use Yuvo Hub or the Services to:
(i) send data, or cause data to be sent, that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing; and
(ii) relay data from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the data;
- use Yuvo Hub or the Services to conduct any other activities which, in Yuvo’s view, are detrimental to its Users and/or its own operations; or
- encourage, assist, or enable any other individual to do any of the foregoing.
- Users shall immediately notify Yuvo of any unauthorised access or attempted breach of security.
- Users are responsible for ensuring that its equipment are configured in a secure manner. Users should not, through action or inaction, allow others to use its network for illegal or inappropriate activities.
- Users are required to protect the security of its internet accounts (ftp, email, etc.) and usage to ensure the security of Yuvo’s network and every such network object, including without limitation, routers, switches and workstations. Further, User is responsible for validating the integrity of the information and data it receives or transmits over the Internet and reporting any weaknesses in Yuvo’s network and any incidents of possible misuse or violation of this AUR.
OUR RIGHTS, LIMITATION OF LIABILITY, ETC.
- Yuvo may, at its sole discretion, remove or disable Users’ network connections, block network addresses, or suspend all Services to Users with or without prior notice to Users. Service suspension by Yuvo due to breach of this AUR shall not prejudice any of Yuvo rights under the Terms, or any other rights that might be afforded to them in law, in equity, or otherwise.
- Yuvo shall not be liable for any loss, expense, costs or damages of any nature suffered by any User resulting in whole or in part from Yuvo’s exercise of its rights under this AUR. By using Yuvo Hub and the Services, User agrees to waive and hold harmless Yuvo from any claims relating to any action taken by Yuvo under this AUR including conduct of investigation, issuing of warnings, refusal to post materials, removal of material, or suspension or termination of services, or other appropriate action.
- To determine compliance with this AUR, Yuvo reserves the right, at its sole and absolute discretion, to monitor User usage of Yuvo’s network, including without limitation to use of Yuvo Hub and the Services, and access to, creation of, or use of Yuvo Content or User Content. Yuvo reserves the right to remove or disable access to any Yuvo Content, User Content, the Services, or Yuvo Hub at any time and without notice and for any reason, including but not limited to if Yuvo, at Yuvo’s sole and absolute discretion, considers User’s use of the Yuvo Hub, the Services, Yuvo Content, or User Content to be objectionable or in violation of this AUR or the Terms. User hereby unequivocally consents to such monitoring by Yuvo.
- Violation of this AUR will result in severe penalties. Yuvo may initiate an immediate investigation to substantiate the alleged violation. During the investigation, Yuvo may restrict User access to the network to prevent further violations. The designation of any materials and actions as prohibited as described in this AUR is left entirely to the discretion of Yuvo. If a User is found to be in violation of our AUR, Yuvo may, at its sole discretion, restrict, suspend or terminate such User’s account. Yuvo has no obligation to provide warnings under any circumstances and can terminate the User’s account without prior notification upon a finding that the User has violated this AUR. For the avoidance of doubt, termination of User’s account will also result in immediate termination of the Services, and User will not be entitled to any refund for any amounts paid for those Services as a result of such termination in accordance with this Clause. Further, Yuvo reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Yuvo will notify law enforcement officials if the violation is believed to be a criminal offense and will cooperate fully with law enforcement authorities in investigating the alleged criminal offense. First violations of this AUR will result in an “administrative fee” of US$250 and the User’s account will be reviewed for possible immediate termination. A second violation will result in an administrative fee of US$500 and immediate termination of the User’s account. Users who violate this AUR shall also be responsible for “research fees” in an amount of US$175 per hour for all time that Yuvo personnel must spend to investigate the matter.
- User waives the right to bring any claim against Yuvo arising out of or in any way relating to these Terms more than one (1) year after the date the User’s account or the Services are discontinued, expired, terminated or otherwise ceased, or one (1) year after the date of the occurrence of the event giving rise to the basis of a claim, whichever the earlier date. In the latter case, where an event is not an instantaneous event but occurs over a period of time, or if the basis of a claim arises from a series of events, then the one (1) year period shall be deemed to commence from the first day of such event, or the first day of the series of events, respectively.