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Terms of Service

Terms of Service 

 

1. ACCEPTANCE OF TERMS

 

Yellow Book ("we" and "us", as the case may be) provides the Service (as defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS. You can review the most current version of the TOS at any time at: http://www.yellowbook.sg. In addition, when using particular Yellow Book owned or operated services, you and Yellow Book shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. In most cases the guidelines and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guideline or rule, the TOS will prevail. Yellow Book and/or its holding, parent, subsidiary or related companies may also offer other services that are governed by different Terms of Service, in which case the TOS do not apply to such other services if and to the extent expressly excluded by such different Terms of Services. For instance, different terms apply to homesteaders on Yellow Book.

 

2. DESCRIPTION OF SERVICE

 

Yellow Book provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming (the "Service") through its network of properties which may be accessed through any various medium or device now known or hereafter developed , including but not limited to the World Wide Web, mobile telephone or communications services, and/or other Internet or telecommunications services or protocols. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Yellow Book to provide the Service. You also understand and agree that the Service may include certain communications from Yellow Book, such as service announcements, administrative messages and the Yellow Book Newsletter, and that these communications are considered part of Yellow Book membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features those augment or enhance the current Service, including the release of new Yellow Book properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Yellow Book assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

 

Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.

 

Please be aware that Yellow Book has created certain areas on the Service that are restricted from general viewing and you must fulfill the specified conditions to access and view such areas.

 

3. YOUR REGISTRATION OBLIGATIONS

 

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Singapore or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yellow Book has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yellow Book has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Yellow Book is concerned about the safety and privacy of all its users, particularly children. However, please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and/or Content is appropriate for you.

 

Notwithstanding the foregoing, we may provide you with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription, such as your subscription number or MSISDN (Mobile Service Integrated Services Digital Network) number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with the TOS.

 

4. Yellow Book PRIVACY POLICY

 

Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference into and made a part of this TOS. By giving or making available the Registration Data and such other information about yourself to us, you agree and acknowledge that we may use or release such information to third parties as specified in the Privacy Policy, and that you give consent to such use or disclosure. You further agree that providing us with your Registration Data and/or using the Service, you expressly request to receive and consent to receiving communications and materials from Yellow Book from time to time. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Yellow Book and its affiliates.

 

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

 

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Yellow Book of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Yellow Book cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

 

6. MEMBER CONDUCT

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Yellow Book, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Yellow Book does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yellow Book or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

 

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;

 

(b) harm minors in any way;

 

(c) impersonate any person or entity, including, but not limited to, a Yellow Book official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

 

(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);

 

(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

 

(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

 

(j) interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

(k) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange ;

 

(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

 

(m) "stalk" or otherwise harass another;

 

(n) commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise and/or

 

(o) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.

 

You acknowledge that Yellow Book may or may not pre-screen Content, but that Yellow Book and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Yellow Book and its designees shall have the right to remove any Content (whether or not provided by you) that we believe in good faith violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Yellow Book or submitted to Yellow Book, including without limitation information in Yellow Book Message Boards and in all other parts of the Service.

 

You acknowledge, consent and agree that Yellow Book may in its sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Yellow Book, its users and the public.

 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yellow Book and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

 

7. NATURE OF COMMUNICATIONS ON Yellow Book NETWORK

 

When you register with Yellow Book, you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages to Yellow Book Groups, uploading photos and files to Yellow Book Internet activities), you will be causing communications to be sent through Yellow Book computer networks, portions of which are located in one jurisdiction, and other locations in other jurisdictions and portions of which are located in other jurisdictions. As a result, and also as a result of Yellow Book's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

 

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Korea or the country in which you reside.

 

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

 

Yellow Book does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Yellow Book the following worldwide, royalty-free, transferable and non-exclusive license(s), as applicable:

 

(a) With respect to Content you submit or make available for inclusion on publicly accessible areas of Yellow Book, the license to use, distribute, reproduce, modify, adapt, publish, broadcast, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Yellow Book to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yellow Book removes such Content from the Service.

 

(b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yellow Book, the license to use, distribute, reproduce, modify, publish, broadcast, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yellow Book removes such Content from the Service.

 

(c) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yellow Book, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

"Publicly accessible" areas of the Service are those areas of the Yellow Book network of properties that are intended by Yellow Book to be available to the general public.

 

10. CONTRIBUTIONS TO Yellow Book

 

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Yellow Book through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Yellow Book is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Yellow Book shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Yellow book may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Yellow Book without any obligation of Yellow Book to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Yellow Book under any circumstances.

 

11. INDEMNITY

 

You agree to indemnify and hold Yellow Book and its parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another or your breach of any applicable law.

 

12. NO RESALE OF SERVICE

 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Yellow Book ID), use of the Service, or access to the Service.

 

13. GENERAL PRACTICES REGARDING USE AND STORAGE

 

You acknowledge that Yellow Book may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service is used, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Yellow Book's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. In particular, but without limiting the foregoing, by using the Service, you consent to our adoption of the practices set forth at Yellow Book Privacy Policy in relation to your use of the Service. You agree that Yellow Book has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that Yellow Book reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yellow Book reserves the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.

 

14. MODIFICATIONS TO SERVICE

 

Yellow Book reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yellow Book shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

15. TERMINATION

 

You agree that Yellow Book may, under certain circumstances and without prior notice, immediately terminate your Yellow Book account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Yellow Book account includes (a) removal of access to all offerings within the Service, including but not limited to Yellow Book Groups, Domains, Personals, Message Boards, Greetings, Alerts and etc., (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Yellow Book's sole discretion and that Yellow Book shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

 

16. DEALINGS WITH ADVERTISERS

 

The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third party advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that Yellow Book shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

17. LINKS

 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yellow Book has no control over such sites and resources, you acknowledge and agree that Yellow Book 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. You further acknowledge and agree that Yellow Book 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, goods or services available on or through any such site or resource.

 

18. Yellow Book'S PROPRIETARY RIGHTS

 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yellow Book or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

 

Yellow Book grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Yellow Book for use in accessing the Service.

 

 

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