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TERMS OF SERVICE
This agreement (this "Agreement" or the "Terms of Service") describes the terms on which Yogurt, Inc. ("Yogurt") offers you access to its services. BY USING YOGURT WEBSITE AND SERVICE YOU IMPLICITLY AGREE TO THE TERMS OF SERVICE AS DETAILED BELOW.
Yogurt may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you.
1.SERVICE
"Yogurtistan" is the multi-user online service offered by Yogurt, Inc. including the online environments that support the service, including without limitation: the server computation, messaging and protocols that simulate the Yogurtistan environment (the "Servers") and access to the websites and services available from the domain and subdomains of http://yogurtistan.com (the "Websites"). The Servers, Websites and any other Yogurtistan applications collectively constitute the "Service" as used in this Agreement.
2.CONTENT
2.1Copyrights
You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). Yogurt does not pre-screen Content.
You acknowledge that Yogurt and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Yogurt.
2.2 User Submissions and Posted Content
Yogurtistan allow you to publish customized and personal content to the general public. Yogurtistan is meant for a general audience, and we therefore do not condone the posting of profane, suggestive or inappropriate material to the public. You must acknowledge this and make certain that the content you publish publicly is not pornographic, hateful, profane or threatening, and that it does not break any national or international laws.
By uploading or otherwise submitting any posted content, you (and your parents, if you’re under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Yogurtistan, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such Posted Content into any form, medium, or technology (now known or hereafter developed or devised) throughout the world.
You must also give assurance that any posted material is owned wholly by you, and does not breach any national or international copyright laws.
In addition to abiding at all times by the Community Standards, you agree that you shall not:
(i) Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
(ii) Impersonate any person or entity without their consent, including, but not limited to, a Yogurt employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
(iv) Take any action or upload, post, e-mail or otherwise transmit Content as determined by Yogurt at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(v) Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vi) Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vii) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Yogurt considers in its sole discretion to be of such nature;
(viii)Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ix) Attempt to gain access to any other user's Account or password;
(x) "Stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Yogurt may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.
3.ECONOMY
You acknowledge that the Service presently includes a component of in-world fictional currency ("Currency" or "Points" or "Kayme"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Yogurt. Yogurt may charge fees for the right to use Currency, or may distribute Currency without charge, in its sole discretion. Regardless of terminology used, Currency represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Yogurt at any time. You agree that Yogurt has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Yogurt will have no liability to you based on its exercise of such right.
4.RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
4.1 You release Yogurt from your claims relating to other users of Yogurtistan. Yogurt has the right but not the obligation to resolve disputes between users of Yogurtistan.
As a condition of access to the Service, you release Yogurt (and Yogurt's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) 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 any dispute you have or claim to have with one or more users of the Service. You further understand and agree that:
(a) Yogurt will have the right but not the obligation to resolve disputes between users relating to the Service, and Yogurt's resolution of any particular dispute does not create an obligation to resolve any other dispute;
(b) to the extent Yogurt elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims;
(c) Yogurt's resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved;
(d) you hereby release Yogurt (and Yogurt's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) 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 Yogurt's resolution of disputes relating to the Service.
4.2 All data on Yogurt's servers are subject to deletion, alteration or transfer.
When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on Yogurt's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON YOGURT'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN YOGURT'S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, YOGURT DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON YOGURT'S SERVERS.
YOU UNDERSTAND AND AGREE THAT YOGURT HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
4.3 Yogurt provides the Service on an "as is" basis, without express or implied warranties.
YOGURT PROVIDES THE SERVICE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Yogurt does not ensure continuous, error-free, secure or virus-free operation of the Service or your Account, and you understand that you shall not be entitled to refunds for fees based on Yogurt's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
4.4 Yogurt's liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL YOGURT OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT YOGURT MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL YOGURT'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY TURKISH LIRAS (50 TL).
5.PRIVATE BETA TEST CONDITIONS
PRIVATE BETA TEST PROCESS IS THE TESTING ERA OF SERVICE, SERVERS, DATABASE AND ECONOMIC SYSTEM. IN THIS ERA, ERRORS MAY OCCUR AND USERS MAY HAVE DIRECT OR INDIRECT DAMAGE. YOU UNDERSTAND AND ACCEPT THAT USER GENERATED CONTENT, OWNED ITEMS, POINTS, KAYMES AND OTHER VALUES MAY BE DELETED; AFTER PRIVATE BETA TEST ERA, OPEN BETA TEST PROCESS WILL BEGIN AND ALL DATA WILL BE RESETED. YOU ACCEPT THAT YOU UNDERSTAND THIS CONDITION AND WILL NOT DEMAND YOUR DAMAGES AND PROFIT LOSS FROM YOGURT.
6.PRIVACY POLICY
6.1 Yogurt uses your personal information to operate and improve Yogurtistan, and will not give your personal information to third parties except to operate, improve and protect the Service.
The personal information you provide to us during registration is used for Yogurt's internal purposes only. Yogurt uses the information it collects to learn what you like and to improve the Service. Yogurt will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect Yogurt, its agents and other users of the Service. Yogurt does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Yogurt can (and you authorize Yogurt to) disclose any information about you to private entities, law enforcement agencies or government officials, as Yogurt, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. You agree that Yogurt may communicate with you via email and any similar technology for any purpose relating to the Service, and any services or software which may in the future be provided by Yogurt or on Yogurt's behalf.
6.2 Yogurt may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.
You acknowledge and agree that Yogurt, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Yogurt may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent.
7.TERMINATION OF THIS LICENSE
Yogurt may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.
8.DISPUTE RESOLUTION
If a dispute arises between you and Yogurt, our goal is to provide you with a neutral and cost- effective means of resolving the dispute quickly. Yogurt is located in Istanbul, TURKEY. In controversy, Istanbul Commerce Courts are responsible on appeal.
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© 2009 Yoğurt Bilgisayar Teknolojileri A.Ş. All Rights Reserved
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