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Disclaimer and Terms of Participation
YupYup.com, Inc.
Our service is easily accessible to all users of
legal age. There are limitations and risks that you must be
aware of before participating. Prior to, and as a condition of
your participation, you (hereinafter You or Yours or User) must
agree to abide by the YupYup.com Terms of Participation.
Once you use our service you are
accepting these Terms. You may review these Terms at any time
by clicking on the disclaimer link at the bottom of the home page.
Terms of Participation
YupYup.com reserves the right to modify the Terms of
Participation at any time and without prior notice to its Users.
We may add to, change, delete or end our or Your use of our service
at any time. The service may be temporarily unavailable from time
to time for maintenance or other reasons.
YupYup.com is not involved in any transaction between
you and other users/advertisers on our website. There are risks
which you assume when
dealing with other parties who might be acting under false pretenses;
all of
these risks are borne by You. YupYup.com can not and
does not control the behavior of other participants, advertisers or
payment processing services(hereinafter participants) on this site.
IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS
WITH any other participants ON THIS SITE! YupYup.com
does not
assume responsibility for third party transactions.
If there is a dispute between participants on this site,
YupYup.com is under no obligation to become involved.
In the event that You have a dispute with one or more Users/Advertisers,
You hereby release, YupYup.com, their officers,
employees, agents and successors in rights from claims, demands
and damages (actual and consequential) of every kind, known or
unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of in any way related to such disputes and/or our
service.
The YupYup.com service may be used only for lawful
purposes. Transmission, distribution or storage of material or
conduct in violation of any applicable local, state, federal or
foreign law or regulation is prohibited. This includes without
limitation any unauthorized use of material
that is obscene, defamatory or libelous, constitutes an illegal
threat, or violates rights of privacy or publicity, or violates
export control laws.
YupYup.com prohibits the transmission, distribution
or posting of unwanted or offensive content. Prohibited transmissions
include without limitation, profane or sexually explicit
advertisements that include masking or misspelling the words,
or images that would be illegal in any jurisdiction. It is your
responsibility, and you agree to comply with all requirements,
legal or other. Additional prohibitions include false or misleading
offers, advertisements listed in the incorrect category, U.R.L.
(Universal Resource Locator) or hyperlink within an advertisement
or image, make-money fast schemes, pyramid or
chain letters, fraudulent or criminal offers including but not
limited to registering another email address other than your
own, any posting with the goal of harassment of another, sexual
requests of any kind, racial slurs or comments, harassment,
placing a fraudulent advertisement, and unsolicited advertising
(whether commercial or informational). Further,
YupYup.com prohibits the transmission,
distribution or posting of any matter which discloses personal
or private information concerning any person or entity,
including without limitation phone number(s) or addresses,
credit/ debit cards, calling cards, User account
numbers/ passwords or similar financial information,
and home phone numbers or addresses. Even though all
of this is strictly prohibited and our website is secured
and protected, there is a small chance
that the information might become exposed to others and
You further
waive Your right to any damages (from any party) related
to such exposure.
If YupYup.com, in its sole discretion, determines that
a violation of the Terms of Participation has occurred,
YupYup.com may pursue any of its legal remedies,
including but not limited to the immediate deletion of any
offending material from its site, cancellation of your posting
and/or the exclusion of any person(s) who may have violated any
Terms of Participation. YupYup.com could also peruse
violators with claims that they have violated various criminal
and/or civil laws as applied by the relevant jurisdiction.
YupYup.com will cooperate with any investigation
by any Federal, State, or local body or any court or tribunal
legitimately exercising its rights. Such cooperation may be
without notice to You. If YupYup.com believes in
its sole discretion that any posting may create liability for
YupYup.com, YupYup.com may take any
actions that it believes are prudent or necessary to minimize
or eliminate its potential liability, including but not limited
to, the release of user information. In sum, YupYup.com
reserves the right to refuse service to anyone at any time, and
to remove any listings or any advertisements for any reason, and
without notice.
For the purpose of this Agreement,
"User Data" shall mean all information (if any) submitted by You,
(the "User) to YupYup.com with the exception of
trading data, credit card numbers, checking account numbers, etc.
The User Data shall be deemed to be the property of
YupYup.com and will not be sold or released without
your consent. You shall take all responsible efforts
to ensure that it is accurate and complete and not misleading
in any way.
You agree not to resell
or assign Your rights or obligations under these Terms of
Participation. You also agree not to make any unauthorized
commercial use of the Service.
No Agency. There is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between
YupYup.com and any User of the Service.
This agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding
any prior agreements and/or communications regarding such subject
matter. This agreement may only be modified, or any rights under
it waived, by a written document executed by both parties.
The failure of YupYup.com to exercise or enforce any
right or provision of these Terms of Participation shall not
constitute a waiver of such right or provision. If any provision
of these Terms of Participation is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties intentions
as reflected in the provision, and the other provisions of these
Terms of Participation shall remain in full force and effect.
User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or these Terms of Participation must be filed within
one (1) year after such claim or cause of action arose or be
forever barred.
DISCLAIMER OF WARRANTIES.
YOU AGREE THAT USE OF THE SERVICE OR GOODS ARE AT USER'S SOLE RISK. THE
SERVICE/GOODS ARE PROVIDED ON AN "AS IS" BASIS. YupYup.com
EXPRESSLY DECLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
YupYup.com MAKES NO WARRANTY THAT THE SERVICE/GOODS WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES YupYup.com
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR GOODS AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM THEM.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR
GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S
OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM YupYup.com THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY.
USER AGREES THAT NEITHER
YupYup.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR GOODS FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING
TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
YupYup.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
USER FURTHER AGREES THAT YupYup.com SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT.
USER AGREES THAT
YupYup.com SHALL NOT BE RESPONSIBLE OR LIABLE TO
USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY OF THE SERVICE. In sum, in no event shall
YupYup.com's total liability to You for all
damages, losses, and causes of action exceed the amount
paid by You to YupYup.com, if any, that is
related to the cause of action.
The USER FURTHER AGREES to indemnify and hold harmless YupYup.com, Inc., its agents, employees
or any other person against loss or expense including attorney's fees,
by reason of liability imposed by law upon YupYup.com, Inc.,
except in cases where YupYup.com, Inc.'s sole negligence
causes damage resulting in bodily injury. YupYup.com is only a retail outlet
for the products it presents on its website and makes no claims as to
their long-term performance and affects it may have upon the user.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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