Effective July 1, 2014
The Site is controlled and offered by YU from its facilities in the United States of America. YU makes no representations that the Site is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access the Site, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
Use of Website
[Author]. [Title]. This material originally appeared on www.BRCAcommunity.com.
Eligibility and Registration
Account Password and Security
Access to and use of the Member Areas is through a combination of a unique user name (“Username”) and a password (“Password”) designated by the Member on the registration form. Each Member is responsible for maintaining the confidentiality of his, her or its own Username and Password. Furthermore, each Member is entirely responsible for any and all activities which occur under his, her or its Username and Password. The Member agrees to immediately notify YU of any unauthorized use of the Member Areas or a Member’s account or any other breach of security known to the Member. Although YU will not be liable for losses caused by any unauthorized use of the Member’s account, the Member may be liable for the losses of YU or others due to such unauthorized use. The Member is solely responsible for (a) any charges, damages or losses that may be incurred or suffered as a result of the Member’s failure to maintain the strict confidentiality of his, her or its Username and Password; and (b) promptly informing YU in writing of any need to deactivate any Username and/or Password due to security concerns.
You agree that when using the Site and/or submitting Content for the Site, You will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, You specifically agree that:
- You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulation or law.
- You will not post information on or download information from the Site unless You have all rights and authority necessary to do so.
- You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or otherwise objectionable material or information to the Site, including, but not limited to, text, graphics, audio, and video files.
- You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of YU. You may express Your disagreement with someone’s point-of-view, but personal attacks or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
- You will not impersonate another person or entity, including, but not limited to, a YU representative or communicate under a false name or a name that You are not entitled or authorized to use.
- You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations or other similarly disruptive content.
- You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
- You will not post any files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
- You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, YU servers, YU software or any areas of the Site not intended for Your access.
- You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas expressly designated by YU for such purposes.
- You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
- YU neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of YU. You acknowledge that YU is not responsible for and does not assume any liability for the comments and opinions expressed by Users, including, without limitation, with respect to the aforementioned activities. If You believe Your account or Your access to the Site has been terminated in error, please contact YU. YU shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.
YU attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, YU cannot and does not monitor the Site at all times and makes no guarantee with respect to Your experience. Anyone who feels that a posted message or image is objectionable is encouraged to notify YU immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
As a User, You may submit content and/or other communications (“User Content“) and understand that, whether or not such User Content is published, YU does not guarantee any confidentiality with respect to any User Content.
By submitting User Content for the Site, You represent, warrant and agree that:
- The User Content does not infringe any intellectual property or other proprietary right (statutory, common law or otherwise) of another person or entity.
- The User Content does not contain any matter that is defamatory, injurious, scandalous, obscene or libelous, that violates another’s civil rights or right of privacy, or that is otherwise unlawful.
- You have the right to submit the User Content to the Site without restriction and grant the rights and licenses described herein.
You acknowledge that You shall be solely responsible for Your own User Content, the consequences of posting or publishing it, and any person’s reliance on such User Content.
YU does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and will remove Content, including, without limitation, User Content, if properly notified that such content infringes on another’s intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User Content or other Content in any area of the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing YU’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
e. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact YU’s designated Copyright Agent at email@example.com or 212-960-0153 to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YU through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
Links to and from the Site
The Site may provide links to other websites or resources. YU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. YU provides these links and references to You only as a convenience. Unless otherwise expressly stated, a link does not imply YU’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and YU does not accept any responsibility therefore. If You would like to link to the Site, please contact YU by email at firstname.lastname@example.org
Disclaimer of Warranties
YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. THE SITE IS PROVIDED BY YU ON AN “AS IS” AND “AS AVAILABLE “ BASIS. YU DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT, AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME OR LOCATION, AS TO THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITE, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YU CANNOT AND DOES NOT GUARANTEE THAT CONTENT AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. YU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YU MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES YU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YU OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, YU’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED $100.00.
YU and YU’s logo and other product and service names of YU are trademarks of YU (the “YU Marks”). You agree not to display, reproduce or otherwise use in any manner any of the YU Marks without YU’s prior written permission.
YU is pleased to hear from Users and welcomes Your comments regarding the Site. If You send YU Your feedback, ideas and materials via the Site, please understand that by submitting the information to YU, You irrevocably assign YU, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit. YU will be entitled to use any information and materials You submit through the Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to YU that You have the right to do so.
Modification, Waivers and Integration
Applicable Law and Jurisdiction
Andrew J. Lauer, Esq.
2495 Amsterdam Avenue
New York, NY 10033-3201