youthxfactor Terms of Use
Agreement
Welcome to youthxfactor a service of youthxfactor Network, Inc.
(hereinafter referred to as "youthxfactor Network, Inc." , "youthxfactor",
"youthxfactor Site" or "Site"). You must read and agree to these terms
and conditions before you may access or view our Site. Please read them
carefully. By visiting the youthxfactor Site, you are agreeing to its
terms. This Agreement is subject to change at any time, and changes are
effective upon posting. Bookmark this page and check it frequently as it
is up to you to refer to this page for any amendments/changes to the
original Agreement.
1. Eligibility:
You must be eighteen or over to register as a member of or use this
Site. Membership in the service is void where prohibited. By using
and/or viewing this site, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide
by all of its terms and conditions and that you are at least 18-years
old. (21-years old in AL, MS, NE, WY, and any other location where 18 is
not the age of majority).
2. Fees/Termination:
youthxfactor's and youthxfactor Network, Inc. usage and/or subscription
fees and duration of services were provided to you upon registration and
may change from time to time upon electronic notice to you. youthxfactor
Network, Inc. reserves the right to terminate your access to the Site
for any reason or no reason. youthxfactor Network, Inc. may terminate
your membership upon sending notice to you at the email address you
provide in your application for membership or such other email address
as you may later provide to us. If youthxfactor Network, Inc. terminates
your membership in the youthxfactor service because you have breached
this Agreement, you will not be entitled to any refund of any unused
subscription fees. Even after this Agreement is terminated by us,
certain provisions will remain in effect including sections 1, 3, 12,
13, 14, inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any penalty or
obligation, at any time prior to midnight of the original contract
seller's third business day following the date of this contract,
excluding Sundays and holidays. To cancel this agreement, mail or
deliver a signed and dated notice, or send a telegram which states that
you, the buyer, are canceling this agreement, or words of similar
effect. This notice shall be sent to: youthxfactor Network, Inc.,
Customer Service – Cancellations, 445 Sherman Avenue, Suite C, Palo
Alto, CA 94306.
If by reason of death or Disability you, the buyer, are unable to
receive all services for which the buyer has contracted, the buyer and
the buyer's estate may elect to be relieved of the obligation to make
payments for services other than those received before death or the
onset of Disability. "Disability" means a condition which precludes the
buyer from physically using the services specified in the contract
during the term of disability and the condition is verified in writing
by a physician designated and remunerated by the buyer. The written
verification of the physician shall be presented to youthxfactor, the
seller. If you, the buyer, have prepaid any amount for services, so much
of the amount prepaid that is allocable to services that the buyer has
not received due to death or Disability shall be promptly refunded to
the buyer or his or her representative.
3. Non-Commercial Use by Members/Viewers:
This youthxfactor site is for the personal use of individual members and
viewers only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become
members of this youthxfactor site and shall not use the youthxfactor
service or site for any purpose including but not limited to: sending
unsolicited commercial e-mail to members, sending advertisements for
other web sites and services in this site's chat rooms, or using member
personal identifying information for commercial purposes. Illegal and/or
unauthorized uses of the site, including unauthorized framing of or
linking to the site or the sending of unsolicited commercial email will
be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress and/or
termination of membership at youthxfactor's sole discretion. In order to
prevent the sending of unsolicited commercial email or chat messages to
its members, youthxfactor Network, Inc. may take reasonable steps,
including the limiting of the numbers of emails or chat messages sent or
received by a member and electronically filtering or throttling or
terminating e-mail and chat messages at youthxfactor Network, Inc.'s
sole discretion.
4. Proprietary Rights of Content on youthxfactor:
youthxfactor Network, Inc. owns and retains other proprietary rights in
the youthxfactor site and the youthxfactor service. The site contains
the copyrighted material, trademarks, and other proprietary information
of youthxfactor Network, Inc., and its licensors. Except for that
information which is in the public domain or for which you have been
given permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) youthxfactor Network, Inc. claims immunity from liability to the
fullest extent under the law and as provided under the Communications
Decency Act for Content provided by third parties and members and
nothing in this Agreement is intended to waive, remove, or usurp such
immunity. You understand and agree that youthxfactor Network, Inc. may
delete any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment youthxfactor Network, Inc. violates
the Terms of Use or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of youthxfactor
Network, Inc. and/or its members.
B) You are solely responsible for the content that you publish or
display (hereinafter, "post") on the youthxfactor, or transmit to other
youthxfactor Network, Inc. members.
C) By posting content to any public area of youthxfactor, you
automatically grant, and you represent and warrant that you have the
right to grant, to youthxfactor Network, Inc. and its members, an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to
use, copy, perform, display, and distribute such information, rights of
publicity, and content and to prepare derivative works of, or
incorporate into other works and other media, such information and
content, and to grant and authorize sublicenses of the foregoing. For
privacy terms, please refer to our Privacy Policy.
D) youthxfactor Network, Inc.will investigate and take appropriate legal
action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending
communication from the site or service and terminating the membership of
such violators. The following is a partial list of the kind of content
that is illegal or prohibited on the site - it includes content that: is
patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; harasses or advocates harassment of another
person or invades their privacy; involves the transmission of "junk
mail", "chain letters," or unsolicited commercial e-mail or "spamming";
promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files; contains restricted or password only
access pages, or hidden pages or images (those not linked to or from
another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the
age of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18; provides content that involves
cursing, swearing, incest, falsifying gender, violence, necrophilia,
impersonating another member, threat of suicide or harm to oneself or
others, drug paraphernalia, or beastiality; provides instructional
information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; sending advertisements
in chat or instant messaging messages; and engages in commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the youthxfactor service in a manner consistent with any
and all applicable laws and regulations.
F) 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 or to interfere or attempt to interfere with the proper working
of the youthxfactor 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 youthxfactor Network,
Inc. by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the service. You
will not transmit any chain letters or junk email to other youthxfactor
members. Although youthxfactor Network, Inc. cannot monitor the conduct
of its members off the youthxfactor site, it is also a violation of
these rules to use any information obtained from the service in order to
harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has been
copied and posted on the youthxfactor service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information consistent with the Digital Millennium Copyright
Act (DMCA): an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed; a description
of where the material that you claim is infringing is located on the our
site including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; a written 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 owner or authorized to act on
the copyright owner's behalf. youthxfactor Network, Inc.'s Copyright
Agent for Notice of claims of copyright infringement or those under the
DMCA can be reached as follows:
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www.youthxfactor.com
aloka13@rediffmail.com
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It is the intention of youthxfactor Network, Inc. to fully comply with
the DMCA, including the Notice and "take down" provisions and to benefit
from the safe harbors immunizing it from liability to the fullest extent
provided by law, and to the extent the Notice and "take down"
requirements above deviate from the requirements under the DMCA then the
Notice requirements as provided by the DMCA shall control and are herein
incorporated by reference.
7. Member Disputes:
youthxfactor Network, Inc. does not control the information provided by
other users that are 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 safety when using our
site. You are solely responsible for your interactions with other
youthxfactor members. Because it is not involved in member interactions,
in the event that you have a dispute with one or more members or those
who have posted, viewed, or used information on the youthxfactor site,
you release youthxfactor Network, Inc., including its officers,
directors, agents, subsidiaries 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. If you are a
California resident, you waive California Civil Code § 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." youthxfactor Network, Inc. reserves the
right, but has no obligation, to monitor disputes between you and other
members.
8. Privacy:
Use of the youthxfactor site and/or its service is governed by our
Privacy Policy, which may change from time to time upon electronic
notice to you.
9. Disclaimers:
youthxfactor Network, Inc., including its officers, directors, agents,
subsidiaries and employees is not responsible for any incorrect or
inaccurate content posted on the youthxfactor site or in connection with
the youthxfactor service, whether caused by users, members or by any of
the equipment or programming associated with or utilized in the service,
nor for the conduct of any user and/or member of the youthxfactor
service whether online or offline. youthxfactor Network, Inc. assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user and/or
member communications. youthxfactor Network, Inc. is not responsible for
any problems or technical malfunction of any telephone network or lines,
computer on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems
or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to users and/or members or to any
other person's computer related to or resulting from participating or
downloading materials in connection with the youthxfactor site and/or in
connection with the youthxfactor service. Under no circumstances
youthxfactor Network, Inc., be responsible for any loss or damage
resulting from anyone's use of the Site or the service and/or any
content posted on the youthxfactor site or transmitted to youthxfactor
Members. The Site and the service are provided "AS-IS" and youthxfactor
Network, Inc. expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. youthxfactor Network, Inc.
cannot guarantee and does not promise any specific results from use of
the site and/or the youthxfactor service.
Note to WebTV users: Our current Site technology does not support WebTV
access for the following:
* Instant Message Center
* Toolbar
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in
that event liability is disclaimed to the fullest extent permitted by
law), in no event will youthxfactor Network, Inc. be liable to you or
any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from
your use of the Site or the youthxfactor service, even youthxfactor
Network, Inc. has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, youthxfactor
Network, Inc.'s liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to
the amount paid, if any, by you to youthxfactor for the service during
the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export
controls. No software from this Site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use
and/or your relationship with youthxfactor Network, Inc. and/or your use
of this Site shall be submitted to binding arbitration according to the
rules of the American Arbitration Association. The parties to the
arbitration shall evenly divide any and all costs of the arbitration.
Neither party shall be entitled to attorney fees. All parties submit to
exclusive jurisdiction in Santa Clara County, California. The
arbitration shall take place exclusively in Santa Clara County,
California at JAMS before a retired judge and shall be governed by
California law without regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold youthxfactor Network, Inc., its
subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or
arising out of your use of the service in violation of this Agreement
and/or arising from a breach of these Terms of Use and/or any breach of
your representations and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by
postal mail to:
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www.youthxfactor.com
aloka13@rediffmail.com
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or to the email address you provide to youthxfactor during the
registration process. Notice shall be deemed given 24 hours after email
is sent, unless the sending party is notified that the email address is
invalid. Alternatively, youthxfactor Network, Inc. may give you notice
by certified mail, postage prepaid and return receipt requested, to the
address provided to youthxfactor during the registration process. In
such case, notice shall be given 3 days after the date of mailing. You
agree that this Agreement and all incorporated Agreements may be
automatically assigned by youthxfactor Network, Inc., in our sole
discretion, to a third party. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of
such section. References to youthxfactor Network, Inc. shall include its
subsidiaries, affiliates, officers, agents, and other partners and
employees. youthxfactor Network, Inc.'s failure to act with respect to a
breach by you or others does not waive its right to act with respect to
subsequent or similar breaches. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full
force and effect.
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youthxfactor
www.youthxfactor.com
aloka13@rediffmail.com
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(Revised March, 2005)
Privacy - Terms