Terms of Use

YASHI, INC., TERMS OF USE

Last Updated: June 13, 2013

Yashi, Inc. (“Yashi,” “we,” or “us”), welcomes you to its website, yashi.com, and any and all applications or mobile applications offered by Yashi, Inc. (the “Site”). Use of the Site is subject to the following Terms of Use (“Terms”), together with the Privacy Policy ( http://yashi.com/privacy-policy/).

1. ACCEPTANCE OF TERMS OF USE

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which together form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS SERVICES AND CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND YASHI’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

2. CHANGES TO THE TERMS OF USE

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.

Yashi may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that Yashi may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.

3. PERMITTED USERS OF THE SITE

In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract (except as provided in the following paragraph) and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Site, Services or Content is void where prohibited by applicable law, and the right to access the Site, Content or Services is revoked in such jurisdictions.

The Site is directed to persons 13 years of age or older. Yashi and the Site do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to Yashi on the Site or offline. If you provide information to Yashi through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe Yashi may have inadvertently collected personal information from your child, please notify Yashi immediately by sending an email to: privacy@yashi.com detailing the basis of your belief and your request.

4. PRIVACY POLICY

Please review the Privacy Policy ( http://yashi.com/privacy-policy/) for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.

5. SITE CONTENT AND SERVICES

Subject to the terms and conditions of this Agreement, Yashi may offer to provide certain services including but not limited to content or promotion discovery and the facilitation or the purchase and sale of Internet advertisements by bringing together Internet advertisers and publishers (collectively, “Services”). We also provide content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). The term “Content” as used herein specifically includes any advertising or other content made available or submitted by you and any website or other content published by or associated with any publisher. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services. You acknowledges and agree that if you use any of the Services to contribute or make available Content or otherwise provide Content to Yashi, Yashi is hereby granted a non-exclusive, fully paid-up, royalty-free, perpetual, transferable, irrevocable worldwide fully sublicensable right to reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works and to fully exploit such Content (including all related intellectual property rights not explicitly mention herein) and to allow others to do so in connection with the Services and the Site. Some of the Services and Content are accessible without registering with us, but other Services and Content require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of Yashi, its licensors, or other content providers.

You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

6. ERROR, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of Yashi or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to Yashi.

7. MODIFICATIONS, SUSPENSION AND TERMINATION

Yashi reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services or Content or any portion or portions thereof, with or without notice. You agree that Yashi will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services or Content.

Yashi reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services or Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Yashi shall not be liable to you or any third party for any such suspension, discontinuance or termination.

8. REGISTRATION & YOUR PERSONAL INFORMATION

Some areas of or benefits provided by the Site may require you to agree to additional terms, register an account with us or create an account and provide us with certain information including but not limited to your name, valid email address, mailing address, and profile information. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account with or without reasons or notice to you.

When you register to open an account on a Site, you will be required to provide a legal name, valid email address and select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify Yashi of any unauthorized use of your password or account or any other breach of security. Yashi is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:

  • register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person;
  • register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or
  • have more than one user account

Yashi reserves the right to refuse registration of, or cancel an account in its sole discretion.

9. PERMITTED USES

You may use the Site, Content and Services for lawful purposes only. You may not use the Site, Content or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site, Content, or Services. You may not attempt to gain unauthorized access to the Site or any of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

  • Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials or otherwise tamper with the Services;
  • Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material available on or through the Site or the Services;
  • Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or the Services;
  • Reformat or frame any portion of the web pages that are part of the Site or the Services;
  • Create user accounts by automated means or under false or fraudulent pretenses; or
  • Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
  • We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

10. FEES AND PAYMENT.

Some of the Services and Content require payment of fees. You shall pay all applicable fees, as described on the Site or additional agreements with Yashi, and any fees imposed by your financial services provider in connection with such Services selected by you. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Yashi, or otherwise in connection with Yashi’s efforts, to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with the payment of fees is true, accurate and complete. Yashi reserves the right to change its price list and to institute new charges at any time.

11. CONTENT SUBMISSIONS

You warrant, represent and agree that you will not contribute, submit or make available through the Services, or use the Services in connection with, any Content that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party. You agree that you are entirely responsible and liable for any Content you submit, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any Content or materials you post and that by posting such Content or materials, you are representing and warranting to Yashi and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you either own or control the said Content or materials and that no other party has any claim of ownership to any part of the said Content or materials. Advertisers and Publishers may be subject to additional restrictions on Content which you must agree to in order to obtain certain Services, Content or access to the Site. In addition to your obligations stated elsewhere in these terms or in other agreements with Yashi, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:

  • defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
  • publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information;
  • upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
  • upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
  • engage in any other action that, in our sole discretion, exposes us or any third party to potential liability or detriment of any type.

Yashi may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Yashi does not necessarily endorse any opinion or statement contained in any submission.

12. PROPRIETARY RIGHTS

You acknowledge and agree that, as between Yashi and you, all right, title, and interest in and to the Site, Services, and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Yashi or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, Content, or Services, whether modified or unmodified.

COPYRIGHT

The Site and all Services and Content, including any and all copyrights therein, is the property of Yashi or its affiliates, suppliers, vendors, merchants, licensors, or other partners and is protected by United States and international copyright laws. You agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site, Services or the Content other than as expressly authorized by Yashi in writing.

TRADEMARKS

The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site are proprietary to Yashi or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Yashi by the respective trademark owners, or by Yashi of the respective trademark owners.

PATENTS

One or more patents may apply to the Site, Services, Content and to the products, features, and services accessible via the Site (collectively, “Patents”). Such Patents are the property of Yashi or its affiliates, suppliers, vendors, merchants, licensors, or other partners.

13. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Yashi in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to Yashi a notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

For notice of claims of copyright or other intellectual property right infringement, Yashi can be reached by sending a claim to:

Attn: Copyright Agent
Yashi, Inc.
1433 Hooper Avenue
Toms River, NJ 08753

14. LINKS TO OTHER WEBSITES

The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of Yashi, which is not responsible for their content or privacy practices. Such advertisements, postings, links, or references to other parties’ products or services do not imply Yashi’s endorsement of information, material, products or services of any other party or any other website, or by any other party of Yashi. Yashi disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Yashi is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

15. USER REPRESENTATIONS AND WARRANTY

You represent and warrant that (i) your use of the Site, Services or Content will be in strict accordance with the Term of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site, Services or Content do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.

16. USER INDEMNITY OF YASHI

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS YASHI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR YASHI, OR YOUR CONTENT ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR YASHI; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF YASHI OR ANY THIRD PARTY; OR (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.

17. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711):

YASHI MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE.

18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YASHI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

YASHI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR. YASHI MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YASHI DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF YASHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL YASHI’S LIABILITY EXCEED TOTAL FEES PAID TO YASHI IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

19. NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is: Yashi, Inc. 1433 Hooper Avenue, Toms River, NJ 08753. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or through our contact form (http://yashi.com/contact-yashi/)

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

20. CHOICE OF LAW & DISPUTE RESOLUTION

These Terms shall be governed and construed in accordance with the substantive laws of the State of New Jersey, without regard to conflict of laws rules thereof. Each of the parties irrevocably submits to the exclusive jurisdiction of the state and federal courts of competent jurisdiction located in the State of New Jersey, and waives any objection to venue in any such court. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

21. CONTROL OF SITE

The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Yashi does not represent that the Site, Services or Content is appropriate outside the United States of America. Yashi reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in its sole discretion.

22. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site or in connection with the Services by you or by someone using your Credentials, as determined in our sole discretion, and Yashi shall not be liable to you or any third party for any such termination. In the event we so terminate your account, we will not render, you are not entitled to, and you hereby waive any and all right to receive a refund of any fees paid to Yashi or any portions thereof. Further, you agree not to attempt to use the Site and/or the Services or Content after any such deletion, deactivation or termination. You may terminate your Yashi account at any time by contacting the address at the end of these Terms of Use; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment for all fees associated with your purchased Services or Content or entitle you to a refund of any payments remitted to Yashi.

23. MISCELLANEOUS

The Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Yashi to exercise or enforce any right or provision of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy without the prior written consent of Yashi, and any assignment or transfer in violation of this provision shall be null and void. Yashi reserves the right to seek all remedies available at law and in equity for violations of these Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy set forth on the Site, including without limitation the right to block access from a particular internet address. The relationship between you and Yashi is one of independent contractors. Neither you nor Yashi will represent that you or it has any authority to assume or create any obligation, express or implied, on behalf of the other party or represent the other party as agent, employee or in any other capacity, except as specifically provided herein.

24. QUESTIONS?

If there are any questions regarding these Terms, you may contact us using the information below.

Yashi, Inc.
1433 Hooper Avenue,
Toms River, NJ 08753
contact@yashi.com