Your use of the Ylastic service (the “Service”) is governed by this
agreement (the “Terms”). “Ylastic” means Ylastic, LLC., and its subsidiaries or affiliates
involved in providing the Service.
In order to use the Service, you must first agree to the Terms. You
understand and agree that Ylastic will treat your use of the Service as acceptance of the Terms
from that point onwards.
You may not use the Service if you are a person barred from receiving
the Service under the laws of the United States or other countries including the country in
which you are resident or from which you use the Service. You affirm
that you are over the age of 13, as the Service is not intended for children under 13.
Your Account and Use of the Service
You must provide accurate and complete registration information any time
you register to use the Service. You are responsible for the security of your passwords and for
any use of your account. If you become aware of any unauthorized
use of your password or of your account, you agree to notify Ylastic immediately.
Your use of the Service must comply with all applicable laws,
regulations and ordinances, including any laws regarding the export of data or software.
You agree not to engage in any activity that interferes with or disrupts
the Service (or the servers and networks which are connected to the Service).
Service Policies and Privacy
The Service shall be subject to the privacy
policy for the Ylastic Service
. You agree to the use of your data in
accordance with Ylastic’s privacy policies.
Ylastic shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the Service.
Payment and Cancellation of service
The Service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial months of service, or refunds
for months unused with an open account. In order to treat everyone equally,
no exceptions will be made.
Amazon will charge you for the usage of their web services per your
agreement with them, when you registered for
an Amazon Web services account.
You are solely responsible for properly canceling your Ylastic account.
An email request to cancel your account is not considered cancellation. You can cancel your
account at any time by simply clicking on the Cancel Account button
on the prefs page.
If you cancel the Service before the end of your current paid up month,
your cancellation will take effect immediately and you will not be charged again.
Proprietary Rights
You acknowledge and agree that Ylastic (or Ylastic’s licensors) own all
legal right, title and interest in and to the Service, including any intellectual property
rights which subsist in the Service (whether those rights happen
to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Ylastic, nothing in the
Terms gives you a right to use any of Ylastic’s trade names, trade marks, service marks, logos,
domain names, and other distinctive brand features.
Except as specified in the section 'License from You', Ylastic
acknowledges and agrees that it
obtains no right, title or interest from you (or your licensors) under these Terms in or to any
Content or the Application that you create, submit, post,
transmit or display on, or through, the Service, including any intellectual property rights
which subsist in that Content and the Application (whether those rights happen to be registered
or not, and wherever in the world those
rights may exist). Unless you have agreed otherwise in writing with Ylastic, you agree that you
are responsible for protecting and enforcing those rights and that Ylastic has no obligation to
do so on your behalf.
License from Ylastic and Restrictions
Ylastic gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software provided to you by Ylastic as part of the Service
as provided to you by Ylastic (referred to as the “Ylastic App”
below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the
Service as provided by Ylastic, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to): (a) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the
source code of the Ylastic App or any part thereof, unless this
is expressly permitted or required by law, or unless you have been specifically told that you
may do so by Ylastic, in writing (e.g., through an open source software license); (b) attempt to
disable or circumvent any security
mechanisms used by the Service or any Application; (c) use the Service to create an Application
that performs a malicious activity, including but not limited to spamming users, harvesting
usernames and passwords, performing
unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise
process any malicious content to or through the Service.
Unless Ylastic has given you specific written permission to do so (e.g.,
through an open source software license), you may not assign (or grant a sub-license of) your
rights to use the Ylastic App Software, grant a security interest
in or over your rights to use the Ylastic App Software, or otherwise transfer any part of your
rights to use the Software.
Ylastic uses Amazon Web Services. You agree to uphold Amazon’s Web
Services License Agreement to whatever extent it applies to your usage of Amazon and Ylastic.
License from You
Ylastic claims no ownership or control over any Content or Application.
You retain copyright and any other rights you already hold in the Content and/or Application,
and you are responsible for protecting those rights, as appropriate.
By submitting, posting or displaying the Content on or through the Service you give Ylastic a
worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate,
publish, publicly perform, publicly display
and distribute such Content for the sole purpose of enabling Ylastic to provide you with the
Service in accordance with its privacy policy. Furthermore, by creating an Application through
use of the Service, you give Ylastic
a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate,
publish, publicly perform, publicly display and distribute such Application for the sole purpose
of enabling Ylastic to provide you
with the Service in accordance with its privacy policy.
You agree that Ylastic, in its sole discretion, may use your trade
names, trademarks, service marks, logos, domain names and other distinctive brand features in
presentations, marketing materials, customer lists, financial reports
and Web site listings (including links to your website) for the purpose of advertising or
publicizing your use of the Service.
Software Updates
The Software which you use may be upgraded with new features and tools
from time to time by Ylastic. These updates are designed to improve, enhance and further develop
the Service and may take the form of bug fixes, enhanced functions,
new software modules and completely new versions. You agree to receive such updates (and permit
Ylastic to deliver these to you) as part of your use of the Service.
Modification and Termination of the Service
Ylastic is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of the Service
which Ylastic provides may change from time to time without prior
notice to you.
You may discontinue your use of the Service at any time. Ylastic may, at
any time, terminate your use of the Service if (A) you have breached any provision of the Terms
(or have acted in manner which clearly shows that you do not
intend to, or are unable to comply with the provisions of the Terms) or (B) Ylastic is required
to do so by law (for example, where the provision of the Service to you is, or becomes,
unlawful). Further, Ylastic may terminate
your use of the Service for any reason with ninety (90) days prior written notice.
Upon any termination of the Service, these Terms will also terminate.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT YLASTIC’S WARRANTY OR
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE.”
YLASTIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO
EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YLASTIC, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR
USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C)
USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.
LIMITATION OF LIABILITY
SUBJECT TO SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YLASTIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL
INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHERF INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION,
ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS.
THE LIMITATIONS ON YLASTIC’S LIABILITY TO YOU IN PARAGRAPH ABOVE SHALL
APPLY WHETHER OR NOT YLASTIC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF
ANY SUCH LOSSES ARISING.
Indemnification
You agree to hold harmless and indemnify Ylastic, and its subsidiaries,
affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners,
(collectively “Ylastic and Partners”) from and against any third party
claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the
Service, (c) your violation of applicable laws, rules or regulations in connection with the
Service, or (d) your Content or your
Application, including any liability or expense arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and
nature. In such a case, Ylastic
will provide you with written notice of such claim, suit or action.
Changes to the Terms
Ylastic may make changes to the Terms from time to time. When these
changes are made, Ylastic will make a new copy of the Terms available at
https://ylastic.com/#terms.
You understand and agree that if you use the Service after the date on
which the Terms have changed, Ylastic will treat your use as acceptance of the updated Terms.
General Legal Terms
The Terms constitute the whole legal agreement between you and Ylastic
and govern your use of the Service (but excluding any services which Ylastic may provide to you
under a separate written agreement), and completely replace
any prior agreements between you and Ylastic in relation to the Service.
There are no third party beneficiaries to these Terms. The parties are
independent contractors, and nothing in these Terms creates an agency, partnership or joint
venture.
If Ylastic provides you with a translation of the English language
version of these Terms, the English language version of these Terms will control if there is any
conflict.
You agree that Ylastic may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on the Service.
You agree that if Ylastic does not exercise or enforce any legal right
or remedy which is contained in the Terms (or which Ylastic has the benefit of under any
applicable law), this will not be taken to be a formal waiver of Ylastic’s
rights and that those rights or remedies will still be available to Ylastic.
Ylastic shall not be liable for failing or delaying performance of its
obligations resulting from any condition beyond its reasonable control, including but not
limited to, governmental action, acts of terrorism, earthquake, fire,
flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Terms, and your relationship with Ylastic under the Terms, shall be
governed by the laws of the State of Georgia without regard to its conflict of laws provisions.
You and Ylastic agree to submit to the exclusive jurisdiction
of the courts located within the county of Fulton, Georgia to resolve any legal matter arising
from the Terms. Notwithstanding this, you agree that Ylastic shall still be allowed to apply for
injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.