AGREEMENT TO TERMS
The information provided on our Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
Our Sites are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Sites.
INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
Provided that you are eligible to use our Sites, you are granted a limited license to access and use our Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Sites, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Sites (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use our Sites for any purpose other than that for which we make our Sites available. Our Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm GCN’s computer systems or any third party computer system.
As a user of our Sites, you agree not to:
- Systematically retrieve data or other content from our Sites to create or compile, directly or indirectly, a collection, compilation, or database without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of our Sites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Sites and/or the Content contained therein.
- Engage in unauthorized framing of or linking to our Sites.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use any information obtained from our Sites in order to harass, abuse, or harm another person.
- Use our Sites as part of any effort to compete with us or otherwise use our Sites and/or the content of our Sites for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Sites.
- Attempt to bypass any measures of our Sites designed to prevent or restrict access to our Sites, or any portion of our Sites.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Sites to you.
- Delete the copyright or other proprietary rights notice from any content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Sites.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Sites, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Sites.
- Use our Sites in a manner inconsistent with any applicable laws or regulations.
PAID SERVICES OF Yadamedia.io (Needs modification)
Certain services offered by Yadamedia.io are made available to you on a paid basis. Users that choose to use paid services agree to the following additional terms and conditions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Sites. You further agree to promptly update payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Yadamedia.io reserves the right to change, modify, discontinue, temporarily or permanently, our Services (or any part thereof) and the pricing for those services at any time, with or without notice. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.Any taxes due on services shall be paid by Customer. If the customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate to Yadamedia.io for review before the start of paid services. Payment processing is through Stripe. We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.
Yadamedia.io reserves the right to cancel any purchase made through our Sites for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person or per household. These restrictions may include orders placed by or under the same customer account, the same payment method, the same IP address, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Other common situations in which orders are cancelled may include pricing errors, availability issues, or credit card payments that are declined by the issuing financial institution.
Customer agrees to compensate Yadamedia.io for its reasonable expenses, including attorney and collection agency fees, incurred in the collection of payments and the enforcing of its rights under this agreement.
With respect to any paid or free services offered, GCN and Yadamedia.io cannot promise the effectiveness of any of its services. The Parties hereto acknowledge and agree that the Companycannot guarantee any specific results from your use of the licensed Data.
All sales are final and no refunds will be issued. However, we offer a Bounce-Back Guarantee that states if more than 5% of our emails bounce back, we will provide credits for more data.
DATA DELIVERY & SUPPORT
GCN will provide reasonable assistance and ongoing support to assist you in accessing the Licensed Data. GCN will make its personnel available by using the calendar link on our Site to book an appointment with a support technician. Support technicians can answer questions regarding issue resolution or general questions and will make reasonable efforts to acknowledge support requests within 48 business hours. If you require assistance, please schedule an appointment through the calendar link on our website.
LIMITED LICENSE AND ACCEPTABLE USE OF DATA
You acknowledge that the Data may include names, emails, and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those relating to any such do-not-contact lists.
Upon expiration or termination of the Agreement, you shall discontinue use of the Data. If your account is terminated by GCN for any reason, your limited, nonexclusive, non transferable license will be revoked immediately upon account termination.
GCN reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of GCN to review such use will not constitute acceptance of such use or waive any of GCN’s rights hereunder or limit any of your obligations with respect to the Data. At any time with at least 30 days notice, GCN may audit your records to determine whether you are in compliance with this Agreement and you will make available to GCN or its representatives all records necessary for the conduct of such an audit.
LIMITATIONS ON USE OF SERVICES
In any of your advertisements or promotional or marketing materials or use of the Data, you will not name or refer to Yadamedia.io or GCN. You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes,or for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement. Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
You will not use the Data for commercial purposes not permitted under this Agreement and you shall use the Data in a responsible and professional manner consistent with the intended and permissible uses herein and consistent with standard industry practice.
The Data is provided on a strictly “as is” basis. GCN does not assure or warrant the completeness or correctness of the Data and GCN disclaims any and all warranties of any nature, express or implied, including any warranties of merchantability or suitability for a particular purpose. All sales are final and no refunds will be issued. However, we offer a BOUNCE-BACK GUARANTEE that states if more than 5% of our emails bounce back, we will provide credits for more data.
After making a purchase on Yadamedia.io, you may receive offers for our other products that may be of interest to you. If you no longer wish to receive information from any of our Sites listed above, you can opt out of being contacted by unsubscribing from the email list.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
SITE AVAILABILITY & MANAGEMENT
We try to ensure continuous availability of our Sites and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of GCN and its subsidiaries, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of our Sites at any time.