Use of www.youritbuddy.com (henceforth "YITB") Site and Features: You agree to use the YITB Site and Features and the services available on or through the YITB Site and Features (the "Services") only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the YITB Site and Features and our Services solely as provided herein. You may download material displayed on the YITB Site and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the YITB Site and Features, including any text, images, audio, and video, for public or commercial purposes without the Company's prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the YITB Site and Features and our Services is not transferable. You acquire no rights or licenses in or to the YITB Site and Features and materials contained therein other than the limited right to access and utilize the YITB Site and Features and our Services in accordance with these Terms.
User Representations and Warranties: By using the YITB Site and Features or our Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the YITB Site and Features and our Services only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (iv) are thirteen (18) years of age or older. If you are under the age of 18, you are not allowed to use the YITB Site and Features nor our Services. Some offerings on the YITB Site and Features or our Services may be subject to additional age restrictions.
Intellectual Property: You acknowledge that the YITB Site and Features have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the YITB Site and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The YITB Site and Features are also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the YITB Site and Features or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the YITB Site and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
User Conduct: You agree that you will not engage in any activity that interferes with or disrupts the YITB Site and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the YITB Site and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the YITB Site and Features and/or our Services, including, without limitation, any Do's and Don'ts or other guidelines posted on any of the YITB Site and Features. You agree to comply with the instructions set out in any robots.txt file present on the YITB Site and Features and our Services.
Communications Channels: The YITB Site and Features and our Services may include communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Services users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole and absolute discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Disclaimer of Warranties; Limitation of Liability; Indemnification: You agree that your use of the YITB Site and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company, and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties and representations, express or implied, in connection with our Services, the YITB Site and Features and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the YITB Site and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the YITB Site and Features or our Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our YITB Site and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the YITB Site and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. To the maximum extent permitted by applicable law, in no event will the Company, or its affiliates, partners, employees, and agents, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the YITB Site and Features, our Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify and hold the Company, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the YITB Site and Features or our Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the YITB Site and Features or our Services; and/or (v) any content you post or share on or through the Service. You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any points, rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any points, rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company's sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the points balance or value of any Account(s). All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law. Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company's sole option. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the YITB Site and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.
Notification of Changes: We reserve the right to make changes to these Terms from time to time in our sole discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the YITB Site and Features deemed appropriate by us so our users are always aware of the terms of their use of the YITB Site and Features and our Services. Your continued use of any of the YITB Site and Features or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of such YITB Site and Features and our Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. In any event, if you used any of the YITB Site and Features or our Services pursuant to a prior version of these Terms that required a certain notice period to you prior to any changes being effective, any changes under these Terms will not be effective as to you until the previously-specified notice period has passed after the date of these Terms.
Miscellaneous: The Company's failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without the Company's prior written consent, and any such unauthorized assignment shall be null and void.