yavip! User Agreement 

THE FOLLOWING DESCRIBES THE TERMS ON WHICH YAVIP OFFERS YOU ACCESS TO OUR SERVICES. 

Welcome to the User Agreement for yavip!. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.yavip.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

 
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated

by reference, before you may become a member of yavip. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an yavip user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other yavip websites will be governed by the terms and conditions posted on those websites. 

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.  This Agreement may not be otherwise amended except in a writing signed by you and yavip . This Agreement is effective on January 1st, 2010.

 
1.Membership Eligibility.

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to temporarily or indefinitely suspended yavip members. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your yavip account  and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

 
2.Fees and Services.

Joining at yavip is free. Our Fees and Credits Policy is incorporated by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the announcements board. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the country located Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

 
3.yavip is a Venue.

3.1 yavip is not an supplier or agency. Although we are commonly referred to as an online social web site, it is important to realize that we are not a traditional "supplier or agency" Instead, our site acts as a venue to allow anyone to exchange experiences, and share information about anything (under limit of Terms of Service), at anytime, from anywhere. We are not involved in the actual transaction between posters and viewers. As a result, we have no control over the accuracy of information, safety or legality of those information posted, the truth or accuracy of the listings, the ability of posters to post information or the ability of viewers to check the information. We cannot ensure that a poster or viewer will actually exchange experiences or right information .

 
3.2 Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, yavip cannot and does not confirm each user's purported identity. Thus, we have established a partner contact feedback information to help you evaluate with whom you are  joining. We also encourage you to communicate directly with them through the telphone available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

 
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release yavip (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 
3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful,      inaccurate, or deceptive. Please use caution, common sense, and practice safe when using our site. Please note that there are also risks of social with underage persons or people acting under false pretense. Additionally, there may also be risks social with international and foreign nationals. 

 
4.Your Information.

4.1 Definition. "Your Information" is defined as any information you  provide to us or other users in the registration, or ordering process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for  your online distribution and publication of Your Information.

 
4.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent,  trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than yavip's (this does not prevent linking to or advertising an yavip item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, questionable and Infringing Items.

 
4.3 License. Solely to enable yavip to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your information, in any media now known or not currently known, with respect to Your Information. yavip will only use Your Information in accordance with our Privacy Policy.

 
5.Access and Interference.

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the yavip site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to yavip by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of yavip or the appropriate third party.

 
6.Breach.

Without limiting other remedies, we may immediately remove your account, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
 

7.Privacy.

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the Countries of our Web located that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

 
8.No Warranty.

WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A ARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states/countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

 
9.Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 
10.Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase of items.

 
11.No Agency.

You and yavip are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 
12.Notices.

Except as explicitly stated otherwise, any notices shall be given by Email to yavip during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to yavip during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 
13.Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by yavip to collect our fees and/or recover damages for, or obtain an injunction relating to, the yavip site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canada Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto,Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or yavip may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Canada necessary to protect the rights or property of you or yavip pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

 
14.Additional Terms.

Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

 
15.General.

This Agreement shall be governed in all respects by the laws of the Toronto, ON as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by yavip, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 
16.Disclosures.

The services hereunder are offered by yavip. If you are a Ontario resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

 
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

 
Disputes between you and yavip regarding our services may be reported to Customer Support . We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. 

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