Agreement to Terms and Conditions of Use.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND YODELIST LLC
OWNERSHIP OF WEBSITE AND ITS CONTENT
This Website is owned and operated by Yodelist. All of the information and content featured or displayed on the Website (the “Content”), including, but not limited to, listings of artists, representatives, stylists, advertising agencies, design studios, corporate art departments, production services, and support services, text, graphics, photographs, images, illustrations and software, is owned by or licensed to Yodelist or its advertisers.
“Yodelist”, “Yodelist.com” and the Yodelist or Yodelist.com logos are trademarks and trade names (the “Trademarks”) of Yodelist LLC., which you cannot use without our prior specific written permission. Nothing on the Website shall be construed as granting a license or right to use Yodelist's Trademarks without its permission.
LISTING PRODUCTS AND SUBSCRIPTION
Yodelist offers access to its database of creative professionals in photography, illustration, advertising, editorial, book publishing, graphic design, major corporate marketing departments, production services, and other related support services. A Subscriber may purchase listings under a full access subscription service, if the Subscriber purchases a full-access subscription they enter into a purchase agreement with Yodelist.
A Subscription permits the Subscriber to view information regarding the listings and offers direct contact information for creative personnel at photography and illustration studios, advertising agencies, design firms, interactive/multimedia design firms, magazine and book publishers, inhouse corporate art departments, production companies, and related support services firms.
The Subscription also offers further detail including titles and email if available, specialties, clients, and the contact's buying habits. All information accessible with the Subscription may be downloaded.
Yodelist seeds its mailing to detect possible violation, fraud and unauthorized distribution.
Unless otherwise specified, the agreement between the Subscriber and Yodelist is for an initial period of 12 months (the “initial term”).
NEWSLETTERS AND PROMOTIONS
By entering into this Agreement with Yodelist you are subscribing to all email newsletters, email promotions and direct mail promotions produced by Yodelist and its affiliates. You may opt out of our email promotions and newsletter at any time by clicking the unsubscribe link located in our emails. You can also call directly and ask to be removed for any email or direct mail promotions or newsletters. Members and expired members that wish to unsubscribe need to properly select the unsubscribe links on both the newsletter and email promotions separately or contact Yodelist directly to be removed. We value your privacy, neither Yodelist nor its affiliates will sell or rent your contact information to any third parties.
Yodelist requires the Subscriber to use the data and information obtained on the Website in compliance with any and all applicable U.S. Federal and State laws, rules and regulations, including, but not limited to, those concerning fax broadcasts, email transmissions, and direct marketing. A person who violates such laws, rules or regulations may be subject to civil and criminal penalties. The Subscriber shall abide by current business practices respecting the privacy of consumers and shall not imply to an individual that any specific information is known about that individual.
The Subscriber shall keep confidential user names, passwords, contacts, lists, and any other information derived from the Subscriber's use of the database and the Yodelist website. The Subscriber shall not allow any individual or entity to use or view any of the contacts or information derived from the Subscriber's relationship with Yodelist. The Subscriber shall not supply or enter any information into the database that is false, defamatory, harmful, viral in nature, vindictive or negative in any way. The Subscriber shall not use any information obtained from Yodelist for an illegal purpose or for any purpose that can be reasonably construed as objectionable.
The Subscriber agrees to protect user names and passwords. If a User ID is misplaced or is delivered to another individual, or the Subscriber allows another individual to use, view or access the database, the Subscriber shall be liable for the purchase of a full membership and any fees, including, but not limited to attorneys' fees, incurred by Yodelist to investigate and retrieve the membership cost, and the cost of a duplicate subscription and any remedy awarded to Yodelist under law or equity.
The Subscriber agrees to become aware of and fully comply with all laws in effect outside of the U.S. that are applicable to the use of the database and services available on the Website. This includes those laws that apply to the jurisdiction in which an e-mail transmission is received. In particular, the Subscriber shall require that all e-mail transmissions received within the sovereign borders of Canada are in full compliance with Canada’s Anti-Spam Legislation (CASL). The Subscriber agrees to abide by all legally-proscribed best practices in respect to the privacy of individuals, consumers, and businesses, and shall not falsify information regarding the explicit consent of an e-mail transmission’s recipient(s). A user agrees not to imply knowledge of specific information about any individual, consumer, or business, where no information is known. Violations of any of the foregoing, including any laws, rules, or regulations, may be subject to civil or criminal penalties.
GRANT OF LICENCE
The Subscriber shall not:
Upon termination of this agreement, the Subscriber shall immediately discontinue using any information, software or other materials provided to the Subscriber by Yodelist. The Subscriber shall return or destroy any items relating to the services and products provided by Yodelist (including but not limited to data, media, software, hardware and electronic and printed documentation). The Subscriber shall purge any data from all stationary and removable computer storage devices and media containing data.
The Subscriber shall indemnify and hold Yodelist harmless from any unlawful use, misappropriation, or action arising from the Subscriber's use or reproduction of material obtained from the database.
The Subscriber's access to the database and website may be suspended or terminated upon any of the following occurrences:
The Subscriber shall abide by the terms of Yodelist' Security Policy (see “SECURITY” below). The Subscriber shall not, except with written consent from Yodelist, use or permit the use of the information from the database:
EMAIL BROADCAST TERMS
Yodelist reserves the right to reject any email messages broadcast with content that advertises or promotes any product or service, including, but not limited to, illegal activity, illegal products, illegal product paraphernalia, sexual paraphernalia, adult films or other media, weapons, illicit activities, chain letters, pyramid fund raising, or similar types of material. Notwithstanding Yodelist' reservation of this right, Yodelist is not liable for any failure to advise the Subscriber of the nature of any such content.
DETAILS OF BROADCAST
The email messages broadcast by Yodelist shall identify the members contact information and will be required to contain an opt-out feature that allows the recipient to be electronically removed from the individual member's database.
HARDWARE SOFTWARE AND DATABASE
TERMS OF PAYMENT
The Subscriber shall pay the fees charged by Yodelist in accordance with the schedule specified on the sign up form.
Yodelist does not offer refunds of any type (see “LIMITATION OF LIABILITY” below). If the Subscriber fails to pay the full amount of the charges detailed in any Yodelist invoice within 30 days of such invoice, the unpaid amount shall accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate allowed by law, if lower. The Subscriber shall pay all of Yodelist' costs of collection, including, without limitation, Yodelist' reasonable attorneys' fees if applicable.
DISCLAIMERS AND LIMITATIONS OF WARRANTIES
THIS WEB SITE AND ITS CONTENT IS PROVIDED “AS IS.” YODELIST EXCLUDES AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. YODELIST IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE SUBSCRIBER'S USE OF THIS WEBSITE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER YODELIST NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF SUBSCRIBER'S USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THIS WEBSITE OR THE CONTENT ON THIS WEBSITE, WHETHER OR NOT YODELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Yodelist uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but it makes no representations or warranties as to the Content's accuracy, correctness or reliability. Yodelist will not knowingly promote or display inaccurate information, provided it has actual knowledge of its inaccuracy. Yodelist will correct or remove inaccurate information within a reasonable time after receiving actual notice of its inaccuracy.
THIRD PARTY LINKS
There may be links to other websites from the Yodelist website. Such other websites are not owned, operated or controlled by Yodelist, and Yodelist is not responsible for content contained on any such website or for any loss incurred as the result of a Subscriber's use of such website. The Subscriber waives any and all claims against Yodelist regarding its inclusion of links to outside websites or the use of those websites.
LIMITATION OF LIABILITY
RELATIONSHIP OF THE PARTIES
Yodelist and the Subscriber are independent contractors, and there is no partnership or agency relationship between them.
A user of this website (the “Site”) is prohibited from violating or attempting to violate the security of the Site, by (a) accessing information not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including but not limited to, submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
The user understands that for security purposes and to ensure that the Site remains available to all users, all network traffic is monitored to identify unauthorized attempts to upload or change information, or otherwise cause damage or conduct criminal activity. To protect the Site from unauthorized use and to ensure that the Site and the Yodelist Systems (the “Systems”) are functioning properly, a user is subject to having its activities monitored and recorded by authorized personnel. Anyone using this Site or the Systems expressly consents to such monitoring and acknowledges that if such monitoring reveals evidence of possible abuse or criminal activity, Yodelist may provide the results of such monitoring to the appropriate government officials. Except for users who voluntarily provide Yodelist with personally-identifying information and except for authorized enforcement investigations, no attempt is made to identify individual users or their usage habits.
Violations of Site or System security may result in civil or criminal liability. Yodelist will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting a user involved in such violations. A user shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. A user shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engine and search agents available from Yodelist and other generally-available third party web browsers (for example, Netscape Navigator, Microsoft Explorer). Yodelist does not warrant the comprehensiveness, completeness, or accuracy of its databases or lists.
Specific Performance. The Subscriber recognizes that a breach of this agreement by the Subscriber will cause irreparable injury and that money damages may be inadequate to remedy the injury to Yodelist. Therefore, in the event of a breach or threatened breach of this agreement, Yodelist is entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.
Jurisdiction and Venue.
A Subscriber bringing a legal action or proceeding against Yodelist arising out of or relating to this agreement or the transactions it contemplates shall bring the legal action or proceeding in either the United States District Court for the Northern District of California, or in any court of the State of California sitting in Santa Clara County.
The Subscriber waives, to the fullest extent permitted by law, (i) any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this agreement and all of the transactions it contemplates, brought in the United States District Court for the Northern District of California or any court of the State California sitting in Santa Clara County; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.