Terms of Use

Terms of Use
(Last updated on: March 15, 2008)

Welcome to Yocial, your social and professional space. By accessing or using our web site at www.yocial.com or the mobile version, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Yocial. The services offered by Yocial.com (collectively, "Yocial.com", "Yocial", "we", "Yocial Website") include the Yocial.com website (the "Yocial Website"), and any other features, content, or applications offered from time to time by Yocial.com in connection with the Yocial Website (collectively, "Yocial Services"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Yocial Services after any such changes constitutes your acceptance of the new Terms of Use, If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Yocial Services or the Yocial website. It is your responsibility to regularly check Yocial to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility
Membership in the Yocial Services is void where prohibited. Yocial is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Yocial Services or the Yocial Website, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security
In consideration of your use of the Yocial Website, you agree to

provide accurate, current and complete information about you as may be prompted by any registration forms on the Yocial Website ("Registration Data");
maintain the security of your password and identification;
maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License
All content on the Yocial Website and available through the Yocial Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Yocial Website Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Yocial Website. Provided that you are eligible for use of the Yocial Website, you are granted a limited license to access and use the Yocial Website and the Yocial Website Content and to download or print a copy of any portion of the Yocial Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Yocial Website Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Yocial Website or the Yocial Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Conduct
You understand that except for advertising programs offered by us on the Yocial Website, the Yocial Services and the Yocial Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Yocial Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree NOT to use the Yocial Services or the Yocial Website to:

any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Yocial Services or the networks or services connected to the Yocial Services;
attempting to impersonate another Member or person;
collect or harvest email addresses or other contact information of other users from the Yocial Services or the Yocial Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
use the Yocial Services or the Yocial Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Yocial Website;
use automated scripts to collect information from or otherwise interact with the Yocial Services or the Yocial Website;
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Yocial Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share 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;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, Yocial Services or system without authorization from the Company, or create a false identity on the Yocial Services or the Yocial Website.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person
from using or enjoying the Yocial Website, or which may expose Company or its users to any harm or liability of any type.

User Content Posted on the Yocial Website
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Yocial Services or the Yocial Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Yocial Website or Yocial Services that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Yocial Website and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Yocial Code of Conduct , or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Yocial Website or provide to the Company.

When you post User Content to the Yocial Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Yocial Website. By posting User Content to any part of the Yocial Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Yocial Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Yocial Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Yocial does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Yocial website or Yocial Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Yocial Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that any material on the Yocial Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please contact us at copyright@Yocial.com to inform us about any complain you may have.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Yocial Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content
The Yocial Website contains (or you may be sent through the Yocial Website or the Yocial Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Yocial Website or any Third Party Applications, Software or Content posted on, available through or installed from the Yocial Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Yocial Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Yocial Website or relating to any applications you use or install from the Yocial Website.

Privacy
We care about the privacy of our users. Click here to view the Yocial's Privacy Policy. By using the Yocial Website or the Yocial Services, you are consenting to have your personal data transferred to and processed in the United States.

User Disputes
You are solely responsible for your interactions with other Yocial users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Yocial Website or in connection with the Yocial Services, whether posted or caused by users of the Yocial Website, by Yocial, by third parties or by any of the equipment or programming associated with or utilized in the Yocial Website or the Yocial Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Yocial Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Yocial Website or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Yocial Website or Yocial Services.

The Yocial Website and the Yocial Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or Yocial Services, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Yocial Services, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Yocial Website or the Yocial Services, any User Content or Third Party Applications, Software or Content posted on or through the Yocial Website or the Yocial Services or transmitted to Users, or any interactions between users of the Yocial Website, whether online or offline.

THE YOCIAL WEBSITE, THE YOCIAL SERVICES (INCLUDING THE MOBILE YOCIAL SERVICES), ANY PLATFORM APPLICATIONS AND THE YOCIAL WEBSITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE YOCIAL WEBSITE AND/OR THE YOCIAL SERVICES AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE YOCIAL WEBSITE, THE YOCIAL SERVICES OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE YOCIAL WEBSITE OR YOCIAL SERVICES ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE YOCIAL SERVICES AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Yocial Website and any Yocial Services and Platform Applications offered through the Yocial Website at any time without notice. Reference to any products, Yocial Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability
IN NO EVENT SHALL YOCIAL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YOCIAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOCIAL.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOCIAL.COM FOR THE YOCIAL SERVICES DURING THE TERM OF MEMBERSHIP.

Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Yocial Website or through any Platform Application and/or prohibit you from using or accessing the Yocial Services or the Yocial Website or any Platform Application (or any portion, aspect or feature of the Yocial Services or the Yocial Website or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 years. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law; Venue and Jurisdiction
By visiting or using the Yocial Website and/or the Yocial Services, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC YOCIAL SERVICES ON THE YOCIAL WEBSITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE YOCIAL SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE YOCIAL WEBSITE AND/OR THE YOCIAL SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE YOCIAL WEBSITE AND/OR THE YOCIAL SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Yocial Website may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE YOCIAL SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Yocial Website and/or the Yocial Services (including your visit to or use of the Yocial Website and/or the Yocial Services) be instituted more than three (3) years after the cause of action arose.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Yocial Website or the Yocial Services ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnity
You agree to indemnify and hold the Yocial.com owners, Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Yocial Website (including through the Share Yocial Services), your use of the Yocial Services or the Yocial Website, your conduct in connection with the Yocial Services or the Yocial Website or with other users of the Yocial Services or the Yocial Website, or any violation of this Agreement or of any law or the rights of any third party.

Other
This Agreement is accepted upon your use of the Yocial Website or any of the Yocial Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Yocial.com regarding the use of the Yocial Services. The failure of Yocial.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Some Tips:

Respect and be Respected
Socalize with Right people
Under 13? please don't use Yocial
Under 18? keep Parents involved
Keep your Passoword confidential
Make sure to use Privacy settings
Inappropriate Material = Account Deleted
Inappropriate Conduct = Account Deleted
Copyrighted Material = Account Deleted