Terms of Use

 

For those of you that like to read legalese, we put this together especially for you. Our Terms of Use is rather lengthy, so grab a cup of joe for the review.

 

By accessing the Yak Academy site, using the site or by clicking on a box that states you accept or agree to these terms of use, you are complying with and bounded by the following terms of use. Additionally, this site is intended for use by adults, or children under adult supervision only.

 

Modifications

Yak Academy may change its terms of use from time to time in its sole discretion, and if our terms of use change, we will change this statement and post those changes here to keep you informed about our website. Feel free to check our terms of use statement for current updates whenever you visit this site. In case of any material change, we will make a notation near the "terms of use" link on the home page of YakAcademy.com.

Accounts and Registrations

Certain sections of this site may require you to create an account by registering a unique user/log in name and password in order to access and/or use certain features, functions or services. If registration is requested, you agree to provide us with accurate, complete registration information. Please read our privacy policy, which describes the personal information we collect, use, manage, disclose and store.

 

Each registration is for your personal use only. You may not allow any other person or entity to use your account information including your user/log in name or password for any reason. Yak Academy is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user/log in name or password. In the event you become aware of or believe there was or is any unauthorized use of your account including your user/log in name or password, you must notify us immediately by email at: admin@yakacademy.com.

 

We reserve the right to terminate or suspend your account or ability to use or access the site or any portion thereof for failure to comply with these terms of use, the privacy policy or any other legal notices on this site, for infringing any copyright, trademark, or other intellectual property, or for any reason whatsoever.

 

Ownership of intellectual property

Any and all contents of this site, including all inventions, discoveries, developments and innovations such as software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the site, including, without limitation, the sequence, arrangement, and selection thereof, and all trademarks, service marks, and trade names (individually or collectively the “materials”) are the property of Yak Academy and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The materials are protected, without limitation, pursuant to United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties. The copying, redistribution, use or publication by you of the materials or any part of the site is strictly prohibited. You do not acquire ownership rights to any materials or other content viewed or accessed through the site.

 

Limited license; permitted uses

You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the site strictly in accordance with these terms of use, the privacy policy or any other legal notices on this site; (b) to use the site solely for personal and non-commercial purposes; and (c) to print out or copy discrete information from the site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Forums/Blogs

Portions of this site may permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the site (“post,” “posting,” or “postings”). You acknowledge, understand and agree that you are solely responsible for any posting including any consequences thereof.

 

In the event you originate and/or submit, upload, or otherwise transmit a posting onto the site or a posting originates and/or is submitted, uploaded or otherwise transmitted from your account, you acknowledge, understand and agree that:

(a) the posting must not contain any personal information to identify you, your account or any user of the site;

(b) the posting must comply with and not violate the terms of use, the privacy policy, and any legal notices on this site including but not limited to section 7 below;

(c) the posting must not contain any other information or content that Yak Academy considers in its sole discretion to be inappropriate for the site;

(d) the posting must not contain any personal attacks on any person, entity, or user;

(e) you represent and warrant that you possess any and all necessary rights in and to the posting or postings;

(f) the posting must not infringe any legal, proprietary, intellectual property or other rights of person, entity, user, or third parties;

(g) although free speech is permitted and encouraged, any posting must not contain hate speech of any kind including, without limitation, speech that attacks, insults, or demeans a group of persons based on their race, sexual orientation, gender, age, disability, ethnicity, or veteran status;

(h) Yak Academy possesses the right to change, use, delete, exploit and distribute the posting in any manner and at our sole discretion;

(i) Yak Academy shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your posting or any ideas, concepts, or other information or content in the posting;

(j) any and all postings shall become the property of Yak Academy and you authorize Yak Academy to use the posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.

 

Yak Academy reserves the right but does not necessarily monitor, endorse, edit or screen any postings. Postings do not necessarily reflect the views or opinions of Yak Academy. You acknowledge, understand and agree that Yak Academy shall neither assume nor has any responsibility or liability for any postings or for any claims, damages, injury or losses resulting from the postings, their use and/or appearance on the site.

 

At our sole discretion, Yak Academy reserves the right at any time and without any limitations to (a) delete and remove any postings, (b) refuse to allow you or any user to post, (c) revoke your or any user’s right to post or use the site, and (d) use any means or mechanisms necessary to enforce these terms of use, the privacy policy or any other legal notices on this site

If you believe or have reason to believe that any posting violates the privacy policy, the terms of use, or any legal notices on this site, please notify us immediately by email with sufficient information to identify the posting at: admin@yakacademy.com.

 

Rules of Conduct

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of the site including your account information such as your user/log in name and password. Your access and use of the site and any information or materials therein (collectively defined as “content and materials”) are subject to all applicable United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree your access and use of the site and any content and materials therein are also subject to the following rules of conduct:

(a) Yak Academy reserves the right to review, edit, reject, refuse, or delete any content and materials from the site at any time;

(b) Yak Academy reserves the right to review, edit, reject, or delete any text, information or other content you post, submit, upload or otherwise transmit to the site;

(c) you may not transmit, copy, distribute, post, upload, or reproduce in any way, trademarks, service marks, copyrighted materials, or other proprietary or trade secret information without first obtaining written consent of the owner of such intellectual property, trade secret, or other proprietary information;

(d) you may not post, submit, upload or otherwise transmit any graphics, text, messages, posts, photographs, images, audio or video files, artwork or other content or information onto the site that:

(1) contains a virus or other harmful component or otherwise interferes with, impairs or damages the site and any individual’s or entity’s use or enjoyment of the site;

(2) infringes or violates the right of any individual or entity including, without limitation, (i) any right of privacy, (ii) any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or (iii) any contractual rights;

(3) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;

(4) constitutes hate speech;

(5) has a commercial or business related purpose or content;

(6) contains unlawful information; and

(7) does not generally relate or is inconsistent with any discussion, topic or theme of any of the site’s forums/blogs, chat rooms, message boards, or online communities.

(e) you understand and agree that Yak Academy has the right at any time to disclose any information, including any user’s personal information, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena;

(f) you may not create compilations or derivative works of any content and materials from the site;

(g) you may not remove, change, obscure, or otherwise alter any copyright notice or other proprietary notice or terms of use contained in the site;

(h) you may not use the site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;

(i) you may not export or re-export the site or any portion thereof, or any software available on or through the site, in violation of the export control laws or regulations of the United States;

(j) you may not interfere or attempt to interfere with the working or functionality of the site or any activities conducted on the site;

(k) no spamming. You may not post, submit, upload or otherwise transmit large amounts of repetitive or untargeted content. You may not create false or misleading descriptions, thumbnails, tags, or titles to increase views.

 

Third party content

Third party content may appear on the site or may be accessible via links from the site including, without limitation, postings, advertising or sponsorship, or hyperlinks. You understand, agree and acknowledge that Yak Academy is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the site. You understand, agree and acknowledge that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Yak Academy’s beliefs or opinions.

 

Links to other websites

Our site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites, and no information in such websites has been endorsed or approved by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. If you decide to leave our site and access these third party websites, you do so at your own risk. These third party websites may also have privacy policies different than our privacy policy. You understand, agree and acknowledge that Yak Academy shall not be responsible or liable for any direct, indirect, incidental, special or other damages caused by or related to the transmission, exhibition, exploitation or distribution of any information or content contained within or by these third party websites.

 

Privacy Policy

Our privacy policy, as it may change from time to time, is a part of these terms of use. You must review this privacy policy by clicking on this link.

 

Errors, corrections and changes

Yak Academy does not represent or warrant that the site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the site at any time. We reserve the right in our sole discretion to edit or delete any text, videos, photographs, postings, audio files, information or other content appearing on the site.

 

Unlawful Activity

Yak Academy reserves the right to investigate complaints or reported violations of this terms of use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Indemnification

You understand, acknowledge and agree to be responsible for maintaining the confidentiality of your account information including but not limited to your user/log in name and password and for your account activity. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, and product and service providers (collectively, "affiliated parties") harmless from any liability, loss, claim, damages, costs and expense (including, without limitation, to reasonable attorney's fees and costs) arising out of or related to your use of the site, your account information and activity for and through the site, or violation of these terms of use, privacy policy, and any legal notices on this site. Yak Academy reserves the right to hire our own separate legal counsel as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

 

Disclaimer

Your use, access, or browsing of this site is performed at your own risk. The information, content, and materials from, in or through the site are provided “as-is,” “as available,” and “with all faults.” All warranties, express or implied, are disclaimed (including, without limitation, to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Without limiting the foregoing, Yak Academy is not responsible or liable for any interruptions, limitations, delays, omissions, errors, viruses, defects, harmful components, malicious code, inability to access, or other problems on or within the site including those arising out of your use of the site.

 

You understand, acknowledge, and agree that Yak Academy and the affiliated parties shall not be liable for any claims for injury, loss or damages arising out of or related to your use of the site or from this agreement including, without limitation, to direct, compensatory, indirect, special, incidental, consequential or punitive damages. The negation and limitation of damages set forth in this agreement are fundamental elements of the basis of the bargain between Yak Academy and you. This site and the content therein would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

 

This site may contain the opinions and views of other users. Yak Academy does not endorse, guarantee, or is responsible for the accuracy, veracity, or efficacy of any content, information or postings generated by our users.

 

Limitation of Liability

You understand, acknowledge, and agree that Yak Academy and the affiliated parties shall not be liable for any loss, injury, claim, or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable therefrom, (b) the unavailability or interruption of the site or any features thereof, (c) your use of the site and/or account information including user/log in name and password, (d) the content contained on the site, or (e) any delay or failure in performance beyond the control of a covered party.

 

The aggregate liability of Yak Academy and the affiliated parties in connection with any claim you may have arising out of or relating to the site, its materials and/or the products, text, documents, audio and video files, photographs, services, or other information provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against Yak Academy and any of our affiliated parties.

 

Legal compliance and jurisdiction

This terms of use agreement shall be governed by and construed in accordance with the laws of the state of California. You acknowledge, understand and agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the site and the content and materials provided therein.

 

Arbitration

Any dispute under this Terms and Conditions shall be settled by arbitration in the County of Los Angeles, CA in accordance with the rules of the American Arbitration Association then in effect, and judgment upon any award rendered may be entered in any court having jurisdiction. This provision shall not prohibit either party from obtaining injunctive relief pending arbitration. Discovery may be carried out under the supervision of the Arbitrator appointed pursuant to the rules of arbitration of the American Arbitration Association. All parties to the arbitration shall have the right to full and comprehensive discovery consistent with the provisions of the law of the jurisdiction of Los Angeles, CA. Notice of Arbitration and of any successive court appearance may be given by U.S. mail, return receipt requested, with 15-day notice.

 

Severability

If any provision of the terms of use is deemed invalid or unenforceable, such invalidity or unenforceability shall not affect or limit the validity or enforceability of any other provision hereof, shall remain in full force and effect. If a provision is deemed invalid or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent permitted by law.

 

To the extent that anything in or associated with the site is in conflict or inconsistent with the terms of use, the terms of use shall take precedence. Our failure to enforce any provision of the terms of use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the terms of use shall survive any termination of this terms of use agreement.