Youlyst Terms and Conditions
This Agreement is effective on May 30, 2012.
Youlyst is a Beta site and as such is constantly innovating to try to deliver the best possible userexperience. You acknowledge that the nature, extent and appearance of the services Youlyst provides maychange without prior notice.
You acknowledge that as part of Youlyst's continuing development, Youlyst may stop (permanently or temporarily) providing its services or any of the services' features without prior notice. You may stop using Youlyst's services at any time, and you have no obligation to inform Youlyst if you choose to do so.
You acknowledge that if Youlyst disables access to the site, you may be prevented from accessing services or any of the services' features including your account details and content which is held by Youlyst.
You acknowledge and agree that Youlyst may set limits on the number of transmissions you may send or receive via Youlyst's services, or limit the amount of storage space used to provide any service at any time, at Youlyst’s discretion.
As a condition of using Youlyst, you acknowledge that you will not:
- Engage in criminal behavior or behave in a manner that would be considered to be unlawful.
- Provide false or misleading information.
- Be under 18 years of age.
- Copy, modify, or distribute content that does not belong to you without the consent of the rightful owner.
- Use Youlyst services to send or post unauthorised content such as spam.
- Collect content or information or access the Youlyst site using automated means such as harvesting bots,robots, spiders, scrapers, etc.
- Distribute or engage in illegal or unscrupulous marketing or money making schemes. E.g. pyramid schemes.
- Upload viruses or malicious code.
- Burden the Youlyst infrastructure with unreasonable loads or interfere with the working of the Youlystsite.
- Bypass measures imposed by Youlyst to prevent or restrict access to or on the site.
- Access non-public areas of the Youlyst site or computer systems or any technical delivery systemsbelonging to Youlyst's providers.
- Decipher, decompile or reverse engineer any of the software used by Youlyst.
- Access an account belonging to someone else without their permission.
- Intimidate or harass any other user.
- Post hateful, threatening, defamatory, discriminatory, pornographic or violent content.
- Post personal information, identification documents or sensitive financial information that is not yourown.
- Use, display or appropriate the Youlyst site, or any individual element within the site including theYoulyst name, logo or other proprietary information, or the layout and design of any page or formcontained on a page, without express permission from Youlyst.
- State or imply any direct commercial relationship with Youlyst without a formal contractual relationshipbeing existent.
- Facilitate or encourage any violations of this User Agreement.
The Youlyst site contains content and information from Youlyst, you, and other users. All users are expected to share truthful and accurate information. Youlyst respects intellectual property rights and accordingly, this User Agreement requires that content and information posted by users not violate any intellectualproperty rights.
Youlyst is protected by copyright laws. You agree not to copy, modify or distribute content from Youlystwithout express permission from Youlyst. You also agree not to disassemble or reverse engineer or attempt todiscover any source code contained in the Youlyst site and services.
All trademarks, logos, trade names and any other proprietary designations of Youlyst are trademarks or registered trademarks of Youlyst. Any other trademarks, logos, trade names and any other proprietarydesignations are the trademarks or registered trademarks of their respective parties. Unless you have express permission from Youlyst, you agree that when using the Youlyst site, you will not use any trademark, service mark, logo, trade name and any other proprietary designation of any company or organisation in a way that is intended or likely to cause confusion about the owner or authorised user.
Content presented to you on the Youlyst site, including but not limited to advertisements, may be protected by intellectual property rights belonging to the providers of that content (or by other persons or companies on their behalf). You may not copy, modify or distribute such content without express permission from the owners of that content.
You acknowledge you are solely responsible for all content and information including any listings or advertising that you post on the Youlyst site and any consequences that may result from your postings (including any loss or damage which Youlyst may suffer). Similarly, Youlyst accepts no responsibility for content pertaining to you or any business or organisation you represent that might be posted by other users.
Youlyst reserves the right, but has no obligation to pre-screen, review, filter, modify, refuse or delete any content, information or listings that Youlyst deems inappropriate or to breach the terms of this User Agreement. Youlyst also reserves the right to refuse a user's registration or restrict usage of the site either temporarily or permanently. Youlyst may issue warnings, limit or terminate service, remove content and take technical and legal steps to keep users from using the services if Youlyst deems that they createproblems or are violating the terms set out in this User Agreement.
You acknowledge Youlyst does not accept any liability for monitoring content on the Youlyst site or how Youlyst services are being used. Youlyst has no obligation to monitor or restrict any user's access or use of the site, services or content or to review or edit content or information posted on the site. However, Youlyst reserves the right to do any of the aforementioned if necessary to operate the site, ensurecompliance with this User Agreement, or compliance with applicable law or requirement of a court, administrative agency or other governmental body.
You acknowledge Youlyst does not accept any responsibility for any litigation that may arise as a result from any content, opinions, information or ideas posted on the Youlyst site. Any such legal proceedings are the direct responsibility of the parties involved, and are no responsibility of Youlyst or their moderators.
Any ideas or information you submit, post or display on the Youlyst site may be seen and used by other users. Youlyst cannot guarantee that other users will not use the ideas or information that you display. Any idea or information that you would like to keep confidential, don’t want others to use, or is subject to third party rights that may be infringed by your displaying it, is not the responsibility of Youlyst. Youlyst is not responsible for any users' use or misappropriation of any ideas or information you submit, post or display.
You retain copyright and any other rights you already hold in content which you submit, post or display on the Youlyst site. In providing services to users, Youlyst may transmit or distribute your content over various public networks and in various media; and make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services ormedia. You agree to permit Youlyst to take these actions.
Youlyst appreciates users' feedback and suggestions about the Youlyst site. Youlyst may use such suggestions and feedback without any obligation to compensate any users for them, just as users have no obligation to offer them.
PRIVACY AND PERSONAL INFORMATION
By using the Youlyst site, you acknowledge that Youlyst will collect, transfer, store and use your personal information for the purpose of providing Youlyst's services.
In order to use Youlyst services, you are required to provide information about yourself (such asidentification or contact details) as part of the Youlyst registration process. You agree that any registration information you give Youlyst will always be accurate, correct and up to date. Failure to comply with this requirement may result in the immediate suspension of your account.
Protecting users' privacy is extremely important to Youlyst. Youlyst will not sell or rent your personal information to third parties for their marketing purposes without your express permission.
Youlyst may send you marketing communications from time to time. You have access to and can modify the information you provide Youlyst to choose not to receive certain communication.
Youlyst exists for the purpose of individuals, businesses and organisations to be able to find and contact each other. This means your details may be visible to other Youlyst users whether you know them or not. Other Youlyst users may also be able to contact you either through the Youlyst site or outside of Youlyst. You can adjust your privacy settings to limit the visibility of your details.
Please note that certain information and content e.g. photographs you post on the Youlyst site is likely to reveal your sex, ethnicity, nationality, age, and/or other personal information about you. You acknowledge that posting such content is voluntary on your part.
You acknowledge that Youlyst may access, store, and disclose your personal, registration and any other information you provide Youlyst, if required to do so by law or in reasonable belief that such access,storage or disclosure is necessary to: comply with legal process; respond to claims of a violation of the rights of third parties; respond to customer service inquiries; protect property or personal safety; enforce this User Agreement.
You acknowledge you are solely responsible for your interactions with other Youlyst users. Youlyst reservesthe right, but has no obligation, to monitor disputes between you and other users. Should it be deemed necessary, Youlyst might limit the connections you have to other users, prohibit you from contacting other users, and limit or prohibit your use of Youlyst services.
You acknowledge Youlyst does not accept any responsibility for any loss or damages to any party which mayarise directly or indirectly from accessing or reliance on information or content on the Youlyst site.
Youlyst does not accept any liability for the posting of unlawful, threatening, abusive, defamatory, obscene, violent or indecent information or content.
Youlyst cannot guarantee continuous, error-free or secure services or that faults or bugs in the services will be corrected. While Youlyst will endeavor to maintain an uninterrupted service, Youlyst offers nopromises or warranties (whether express or implied) for the availability of Youlyst services.
YOULYST OFFERS NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED FOR THE PROVISION OF THE YOULYST SITE,SERVICES AND CONTENT. YOULYST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE FOR THE YOULYST SITE OR ANY ITEM OR SERVICE OBTAINED VIA THE YOULYST SITE. YOULYST IS NOT LIABLE FOR ANY LOSS, WHETHER OF MONEY (INCLUDING PROFIT), GOODWILL, OR REPUTATION, OR ANY SPECIAL,INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF YOULYST, EVEN IF YOU GIVE FOREWARNING OR YOULYST COULD FORESEE THE POSSIBILITY OF ANY SUCH DAMAGES OCCURRING. YOULYST MAKES NO WARRANTY OR REPRESENTATION OF CONTENT POSTED BY USERS. YOULYST MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE CONSTANTLY AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF FAULTS OR BUGS. YOULYSTMAKES NO WARRANTY OF THE QUALITY OF ANY PRODUCT, SERVICE, CONTENT OR OCCUPATION OBTAINED THROUGH THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR INTERACTION WITH OTHER YOULYST USERS, AND WITH OTHER PERSONS YOU MIGHT INTERACT WITH AS A RESULT OF USING YOULYST. YOU ACKNOWLEDGE THAT YOULYST DOES NOT SCREEN BACKGROUNDINFORMATION OF YOULYST USERS, NOR VERIFY OR MAKE WARRANTY OR REPRESENTATION OF STATEMENTS OR CLAIMS USERS MIGHT MAKE ON THE YOULYST SITE. YOULYST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER YOULYST USERS AND WITH OTHER PERSONS YOU MIGHT INTERACT WITH AS A RESULT OF USING YOULYST.
LIMITATION OF LIABILITY
The content displayed on the Youlyst site is provided without any guarantees, conditions or warranties. Youlyst does not accept any responsibility for any loss arising from accessing or reliance on any information or content on the Youlyst site. Youlyst excludes all liability for loss or damages direct or indirect arising from use of the Youlyst site, this includes but is not limited to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time.
You acknowledge Youlyst is not responsible for content or products or services listed or advertised by users.Nor is Youlyst responsible for any users' actions or inaction. You acknowledge that Youlyst is not involved in monetary or business transactions between users and other users. Youlyst has no obligation to help in the resolution of disputes and Youlyst does not guarantee the quality, safety or legality of products orservices that may appear on the Youlyst site.
If you do have a dispute with any other Youlyst user(s), Youlyst and Youlyst directors, agents, subsidiaries, joint ventures, financial backers and employees will not be held responsible for any loss or damages of any kind, known and unknown, arising out of or connected with such a dispute.
Notwithstanding, if Youlyst is found liable, liability to you or to any third party is limited to the largeramount of either the total fees you pay to Youlyst in the 12 months prior to the action, or 100 Australian dollars.
LINKS FROM YOULYST
Where Youlyst contains links to other sites and resources provided by third parties, Youlyst has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from using them. You acknowledge that Youlyst is not responsible for the availability of such external sites or resources, and does not endorse any advertising, content or products or serviceson or available from such sites or resources.
When accessing a site via the Youlyst site, you should check their user agreement and privacy policies to ensure compliance and determine how they may use your information.
ADVERTISING AND PAYMENTS
The Youlyst site features advertisements, listings, profile pages and promotions. You acknowledge that Youlyst may place advertising on the Youlyst site and the manner, mode and extent of advertising on the Youlyst site are subject to change without prior notice.
If you post advertisements or listings on Youlyst, you acknowledge that: Youlyst does not guarantee anyactivity for your advertisements or listings, such as the number of clicks or views; Youlyst may reject or remove advertisements or listings if deemed necessary for any reason; if you place advertisements or listings on the behalf of a third party, you must have the legal authority to bind the advertiser to thisUser Agreement and if the advertiser violates this User Agreement, you may be held responsible for that violation.
Youlyst fees are quoted in Australian dollars, and are subject to change. Youlyst will notify you of changes to the fee policy by email or posting such changes on the site. Youlyst may choose to temporarily change fees for promotional events or new services; these changes are effective when the promotional event or new service is announced.
Youlyst's fees are non-refundable, and you are responsible for paying them by the due date. Failure to do so may result in limitations to your use of the Youlyst services. If your account is past due, Youlyst may collect fees owed using other collection methods; such as a collection agent.
You agree to release, indemnify and keep indemnified Youlyst (including Youlyst directors, agents, subsidiaries, joint ventures, financial backers and employees) from and against all damages, losses, liabilities and costs related to all third party claims, charges and investigations, suffered or incurred by us arising from or caused by: your failure to comply with this User Agreement; any content you submit toYoulyst; any activity in which you engage while or as a result of using Youlyst.
In the event of a dispute between you and Youlyst, both parties will aim to provide a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree to first contact Youlyst directlyto seek a resolution to the dispute through dispute resolution procedures such as mediation or arbitration, as alternatives to litigation.
Youlyst's failure to act with respect to a breach of this agreement by you or others does not waive Youlyst's right to act with respect to that breach or subsequent similar or other breaches.
Should a term in this agreement become invalid or unenforceable, this will not affect the validity of the remainder of this agreement which shall remain enforceable.
This User Agreement is governed by the laws of New South Wales, Australia. Users irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
AMMENDMENTS TO THIS AGREEMENT