Introduction
Please read these Terms of Use carefully before using our website operated by
Sc Directive S.R.L incorporated under the romanian law as a limited liability company in 2005 Sc Directive S.R.L is registered under no. J36/145/2005 in the Romanian Registry of Commerce
V.A.T Identification Number RO 17332993
Our postal address is
Str Lanariei nr 130-132
040324 , Sector4
Bucharest, Romania
Without prejudice to the above, by using or accessing our website (collectively, including all content and functionality available through the Yobler.com domain name, the "Yobler Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Yobler's privacy notice, found at http://yobler.com/members/action/static/privacy/ and incorporated here by reference, and (3) Yobler's Community Guidelines, found at http://yobler.com/members/action/static/codeofconduct/ and also incorporated here by reference. If you do not agree to any of these terms, the Yobler privacy notice, or the Community Guidelines, please do not use the Yobler Website.
Nature of our Site
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Your Conduct and Responsibilities
You shall provide accurate, true and current information as prompted during the registration process and shall maintain and update such information to keep it accurate, true and current at all times.
You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the "User Content").
You represent and warrant that all User Content that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Content.
You shall not share your password with any other person or post it on this or any other website. "Partner" shall mean any person, entity or organization with whom Yobler enters into any kind of business transaction relating to the Service or User Content. Neither Yobler nor any of its Partners is responsible or liable for any unauthorized use of your account.
You shall not use the Yobler Service for any illegal or unauthorized purpose.
You shall not attempt to hack, destabilize or adapt the Yobler Website or Software or its source code, or alter another website so as to falsely imply that it is affiliated with Yobler.
You shall not transmit worms, viruses or any code of a destructive nature to Yobler or its users.
You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service.
We may make third party software and/or services (such as upload software and tape transfers) available to you in conjunction with the use of Yobler Website and Service. You are responsible for ensuring that you are in possession of any and all necessary licenses or other documentation for the products provided by any third party and that you understand and comply with the terms and conditions of such licenses.
You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of our Website, Services and Software and for paying all charges related thereto.
Any comments, suggestions, or feedback relating to the Website, Service or Software (collectively "Feedback") submitted to Yobler shall become the property of Yobler or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Service, Software or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You shall not abuse, harass, threaten, harm or impersonate other Yobler users or employees of Yobler or any of its Partners, at any time or for any reason.
You shall not post User Content deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability.
You shall not broadcast or send any form of advertising, mass communication or solicitation to any Yobler users.
You understand that when using the Yobler Website or Service, you will be exposed to User Content provided by other users and you agree that neither Yobler nor any of its Partners is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms and Conditions or has engaged in unlawful behavior on the Yobler Website, please let us know
Prohibited Conduct
In addition to the paragraph above, you agree that you will not use Yobler Services to:
-Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
-Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
-Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
-Collect or store personally identifying information about other users for commercial or unlawful purposes.
-Impersonate any person or entity, including, but not limited to, a Yobler official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
-Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
-Making available copyrighted software or other Content that has had the copyright protection removed.
-Making available serial numbers for software that can be used to illegally validate or register software.
-Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
-Making available any software files for which the user does not own the copyright or have the legal right to make available.
-Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
-Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or Yobler.
-Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
-Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
-Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use Yobler or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
-Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
-Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
-Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
-Any firearms, explosives, or weapons.
-Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
-Any alcoholic beverages.
-Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
-Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
-Any controlled substances or pharmaceuticals.
-Any items that are counterfeit or stolen.
-Any dangerous items.
-Any goods or services that do not, in fact, exist.
-Any registered or unregistered securities.
-Any items that violate or infringe the rights of other parties.
-Any items that you do not have the legal right to sell.
-Any items where doing so through Yobler or the Service would cause Yobler to violate any law.
You expressly acknowledge and agree that Yobler may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Yobler, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, 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 further acknowledge and agree that other data collected and maintained by Yobler with regard to its users may be disclosed in accordance with Yobler's Privacy Policy.
Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
- Yobler respects the intellectual property of others. Yobler does not, however, independently confirm that all Content made available through the Yobler Service is provided by a valid rights holder. In the event that Yobler becomes aware that Content published on or through the Yobler Service has been provided by a person who is not a valid rights holder, Yobler may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. We do not actively monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yobler’s Copyright Agent and/or General Counsel the following information:
-an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
-a description of the copyrighted work or other intellectual property that you claim has been infringed;
-a description of where the material that you claim is infringing is located or found on the Website or Service;
-your address, telephone number and, if available, an email address;
-a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
-a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Yobler’s Copyright Agent and/or General Councel by mail or email as follows:
By Mail:
Str Lanariei nr 130-132
040324 , Sector4
Bucharest, Romania
By Email: copyright@yobler.com
Third Party Sites
Yobler.com may produce automated search results or otherwise link you to other sites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of Yobler.com, and you acknowledge that Yobler.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by Yobler.com or any association with its operators.
Advertising and Promotion
Yobler.com runs advertisements and promotions on on it's website. By creating a Yobler account you agree that Yobler.com has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your Yobler account. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by Yobler.com on your account are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and deliver of related goods or services, and any other terms, condition, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yobler.com shall not be responsible or liable for any loss or damage or any sort incurred as the result of such dealings or as the result of the presence of such advertisers on the Service
International Use
Yobler.com makes no representation that materials on this site or the Service are appropriate or available for use in international locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site or the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
Non-Discrimination
Yobler does not discriminate on the basis of gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Yobler Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Yobler Website
Termination
Use of the Yobler.com Website is subject to compliance with these Terms and Conditions. You acknowledge and agree that Yobler.com may terminate and/or suspend your access to any portion of the Yobler.com Website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Yobler.com. Any such termination or suspension shall be in Yobler.com' sole discretion and may occur without prior notice, or any notice. Yobler.com further reserves the right to terminate or suspend any user's access to Yobler.com or to any portion of the Yobler.com Website for any conduct that Yobler.com, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Yobler.com or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Yobler.com further reserves the right to terminate or suspend any user's access to the Yobler.com Website for any reason or for no reason at all, in Yobler.com' sole discretion, without prior notice.
Entire agreement
These Terms constitutes the entire agreement between Yobler.com and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Yobler.com with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
