Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “Site”)
This site is fully controlled and operated by Yahero Kids Canada and Yahero Kids and/or its subsidiaries, affiliates, assigns, licensors or other respective owners (referred to herein as “Yahero Kids Canada and Yahero Kids”, “we,” “us,” and “our”). By accessing and using this Site, you agree to be legally bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms and Conditions posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions (including the yahero.com Privacy Statement).
OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Materials”) are the property of eyeseeTV, and are protected, without limitation, pursuant to U.S., Canada and foreign copyright and trademark laws.
Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download one copy of appropriately limited portions of the Materials on any single computer for your personal, noncommercial use only, provided you include “Copyright 2000-2014 EyeseeTV. All Rights Reserved. Used With Permission” or “(c) 2000-2014 EyeseeTV. All Rights Reserved. Used With Permission” on every page containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is expressly prohibited, and is a violation of EyeseeTVs’ copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a political, or social orientation nature), promotions, products, games, services, or other inappropriate content, is strictly prohibited. EyeseeTV hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or EyeseeTV, provided that “Copyright 2000-2014 EyeseeTV. All Rights Reserved. Used With Permission” or “(c) 2000-2014 EyeseeTV. All Rights Reserved. Used With Permission” accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without EyeseeTVs’ express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender’s account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state/provincial laws.
EyeseeTV respects the intellectual property of others, and we ask our users to do the same. EyeseeTV may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
YAHERO KIDS CANADA and YAHERO KIDS’ USE OF USER SUBMITTED MATERIALS
By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you’re under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Yahero Kids Canada and Yahero Kids a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the YAHERO world. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
YAHERO CHAT SYSTEM, CHATROOMS, AND MESSAGE BOARDS (FORUMS)
You hereby understand and agree that Yahero Kids Canada and Yahero Kids does not allow Postings that contain: • profanity, obscenities, or sexual content (express or implied) • political, or social commentary • personal attacks on other people (individually or as a group) • slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images • account usernames that would be considered inappropriate under our Terms and Conditions. • materials created by someone else without their express written permission to do so • “cheat” or “hack” programs or information or links to sites claiming to have these solicitations of user passwords • solicitation of user passwords • private or personal information that might identify another user • links to third party commercial Web sites • online chat rooms anywhere on our site or links to sites with chat rooms • promotions anywhere on the YAHERO site offering prizes of any kind. Promotions include, but are not limited to, contests, raffles, lotteries or giveaways, and “anywhere on our site”. • other information that Yahero Kids Canada and Yahero Kids deems, in its sole discretion, to be inappropriate for this site.
You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our message board service by “spamming” (posting numerous identical messages) or by creating “party boards” (group postings often containing inappropriate content) on them. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain.
The Forums and chat system may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money), or solicitations of any kind or nature. You specifically acknowledge that soliciting other YAHERO users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You (and your parents, if you’re under age 18) hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to Yahero Kids Canada and Yahero Kids the right to use and change the Postings in any manner that Yahero Kids Canada and Yahero Kids may determine.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EYESEETV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EYESEETV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EYESEETV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT EYESEETV) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYESEETV, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY EYESEETV OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL EYESEETV HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Yahero Kids Canada and Yahero Kids of the opinions or views expressed by these third party web sites. Yahero Kids Canada and Yahero Kids explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Yahero Kids Canada and Yahero Kids is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Yahero Kids Canada and Yahero Kids nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
Yahero Kids Canada and Yahero Kids encourages discretion when browsing the Internet using anyone’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Yahero Kids Canada and Yahero Kids cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Yahero Kids Canada and Yahero Kids be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
Yahero Kids Canada and Yahero Kids cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Yahero Kids Canada and Yahero Kids or YAHERO, since such sites are owned and operated by third parties. Yahero Kids Canada and Yahero Kids does not endorse any of the merchandise or services, nor has Yahero Kids Canada and Yahero Kids taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Yahero Kids Canada and Yahero Kids does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Yahero Kids Canada and Yahero Kids with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Yahero Kids Canada and Yahero Kids never gives or sells e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to “opt-in” (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Yahero Kids Canada and Yahero Kids to transmit his personal information to that sponsor. Please make sure you review the Yahero Kids Canada and Yahero Kids Privacy Statement for all details regarding Yahero Kids Canada and Yahero Kids use of your personal information.
UNAUTHORIZED LINKS TO SITE
By using the yahero.com website, you specifically agree not to link to any pages within the yahero.com site without Yahero Kids Canada and Yahero Kids’ express written approval. If you do not receive such express written approval prior to linking to an internal page on yahero.com, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the yahero.com site.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
DENIAL OF ACCESS
Yahero Kids Canada and Yahero Kids, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the yahero.com site. The sending of an e-mail notice by Yahero Kids Canada and Yahero Kids to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the yahero.com site.
You agree to indemnify, defend and hold harmless Yahero Kids Canada and Yahero Kids, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you. Yahero Kids Canada and Yahero Kids reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Yahero Kids Canada and Yahero Kids in asserting any available defenses.
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Items from any YAHERO game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms and Conditions, and you will be responsible for any resulting damages to EyeseeTV. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on YAHERO, you will pay EyeseeTV, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages, and not as penalty. You agree that if you use such a program on the yahero.com website, you will pay EyeseeTV, Inc. liquidated damages, and not as a penalty, in the sum of Five Hundred Dollars for each time you use a program.
EyeseeTV operates and controls the Site from its offices in Cambridge, Ontario, in Canada. EyeseeTV makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to Canadian export controls.
These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Yahero Kids Canada and Yahero Kids if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of these Terms and Conditions is found to be illegal or unenforceable, the Terms and Conditions will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the Province of Ontario applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state/provincial or federal courts located in the County of Waterloo, in the Province of Ontario. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
OTHER TERMS AND CONDITIONS
CHANGE PROMOTIONS AND POLICIES: Yahero.com may change promotions and/or policies at any time or from time to time without advance notice. All such changes will be posted on the Yahero.com website, and customers’ continued use of the Yahero.com website constitutes their affirmation that they have read and understood such notices and agree to the terms contained therein.
OTHER CONDITIONS ON USE: Use of the Yahero.com site and products is subject to the terms and conditions of an end-user license agreement that will be agreed to as part of the registration process. The Yahero.com site and products may not be used in violation of any law or in any way that interferes unreasonably with others’ use of the service.
THE YAHERO.COM WEBSITE, THE YAHERO.COM VIRTUAL WORLD, ANY SITE LINKS AND ALL OTHER DOCUMENTATION AND SERVICES ARE PROVIDED BY YAHERO.COM “AS IS”. YAHERO.COM MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND YAHERO.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YAHERO.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE YAHERO.COM WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YAHERO.COM SHALL NOT BE LIABLE FOR THE LOSS OF USE OF ANY PRODUCT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR ANY OTHER INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
JURISDICTION AND VENUE
Any legal action brought against Yahero.com or any person or entity associated with the Yahero.com website or its products shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law principles. The sole jurisdiction and venue for any litigation arising from the use of the Yahero.com websites or service shall be an appropriate federal or provincial court located in County of Waterloo, Ontario.