PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING THIS SERVICE.
The website www.yakaz.com, including its mobile applications and other online products (the “Service”), is an electronic Service owned and operated by Yakaz, Corp. a Delaware corporation (“Yakaz”). The Service is intended for use only by individuals eighteen (18) years of age or older. By registering for, logging into, visiting or otherwise using the Service in any way, you explicitly represent and affirm that you meet these requirements, understand that these terms and conditions are the legal equivalent of a signed, written contract and are equally binding, and you agree to comply with and be bound by the following terms and conditions (this “Terms and Conditions” or “Agreement”). Furthermore, you explicitly affirm that you understand Yakaz may change these Terms and Conditions at any time. You agree that notice of changes to these Terms and Conditions posted on the Service constitutes reasonable and sufficient notice. At all times you use the Service you are bound by the then-current version of these Terms and Conditions and all applicable laws. Your continued use of the Service following such reasonable notice of modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. Please review these Terms and Conditions periodically for changes. These Terms and Conditions were last updated on June 5, 2018.
Accuracy and Use of the Service
Yakaz designed the Services to meet your shopping needs by providing you with up-to- date information about available inventory. Yakaz is never a party to any transaction between buyers and sellers and does not (a) guarantee or ensure the availability of any item or any transaction between a buyer and seller; (b) collect or process payment for, or transfer title of, any item; or (c) warehouse, store, ship or deliver any item. The item information provided on the Service is provided by third parties, and Yakaz is not responsible for and does not verify or warrant the accuracy or completeness of the information they provide. Despite our best efforts, it is inevitable that some inaccuracies may occasionally be present, including items. Additionally, photographs of items found on the Service may appear differently based on your monitor and color settings. For this reason, please contact the listing owner where a item is located to confirm the accuracy of the contents of the Service. Further, by using the Service, you understand and agree that the information provided on the Service is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. NEITHER YAKAZ, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY ITEM AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE ITEM, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN ITEM LISTED ON THE SERVICE. Yakaz may, but has no obligation to, correct any error or omission on the Service. All items are subject to prior sales. You must address all concerns, discrepancies and/or potential issues with the seller prior to the sale of the item.
Ownership and Intellectual Property
Except as otherwise indicated, all copyrights and other intellectual property rights in this Service and its contents, including but limited to, any and all data, information, text, photos, images, graphics, code, marks, logos, audio and video, footage, animations, analyses, studies, Services, downloads, and other content contained herein (“Service Content”) is owned by or licensed to Yakaz, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. Yakaz also owns copyright rights in the Service Content as a collective work and/or compilation and in any and all databases accessible on or through the Service. Yakaz, the Yakaz logo, and all other marks displayed on this Service (the “Trademarks”) are registered or common law trademarks of Yakaz or various third parties. Except as expressly stated herein, nothing contained on this Service may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Service Content or Trademarks without the prior written permission of Yakaz or such other party that may own the Trademarks or any licensed copyrights. You agree not to, whether directly or indirectly, attempt to register, challenge or contest the validity of Yakaz’s (or its licensor’s, as applicable) ownership of such copyrights, Trademarks or any other of Yakaz’s intellectual property, or assist any third party in doing so.
Grant of License; Use of the Service
The Service is provided to our end users for their personal, non-commercial use only. Except as explicitly provided herein, or upon the prior written consent of the owner, you may not reproduce, distribute, modify, adapt, translate, edit, upload to, display, transmit, store, create derivative works from, sell or distribute or publicly display, perform or otherwise exploit the Service Content.
You acknowledge that by transmitting or posting any Service Content, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, e-mail address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the Service.
Systematic retrieval of the Service Content or other data from the Service without the express written permission of Yakaz, or any illegal or unauthorized uses of the Service, is strictly prohibited.
Systematic retrieval of the Service Content or other data from the Service to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Yakaz, or any illegal or unauthorized uses of the Service, including, without limitation, any activities or use of the Service that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms and Conditions; (ii) the rights of Yakaz, any affiliate or licensor, or any other third party; or (iii) any law or regulation, is strictly prohibited and will be investigated. Yakaz may take any legal action it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions.
USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE SERVICE CONTENT IS STRICTLY PROHIBITED. YOU MAY NOT ENGAGE IN THE PRACTICES OF “SCREEN SCRAPING,” “DATABASE SCRAPING,” OR ANY OTHER PRACTICE OR ACTIVITY THE PURPOSE OF WHICH IS TO OBTAIN LISTS OF USERS, PORTIONS OF A DATABASE, OR OTHER LISTS OR INFORMATION FROM THE SERVICE NOT OTHERWISE PERMITTED HEREIN. YOU MAY NOT FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY TRADEMARK, LOGO, OR OTHER PROPRIETARY INFORMATION (INCLUDING IMAGES, TEXT, PAGE LAYOUT, OR FORM) OF YAKAZ OR ITS AFFILIATES WITHOUT PRIOR EXPRESS WRITTEN CONSENT. YOU MAY NOT USE META TAGS OR ANY OTHER “HIDDEN TEXT” UTILIZING THE YAKAZ NAME OR TRADEMARKS WITHOUT THE EXPRESS WRITTEN CONSENT OF YAKAZ. UPON THE VIOLATION OF ANY OF THE ABOVE, OR ANY VIOLAITON OF THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE A SUFFICIENT REMEDY AND YOU CONSENT TO INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR SUCH VIOLATIONS WITHOUT THE REQUIREMENT THAT YAKAZ POST A BOND.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNIFICATION
YAKAZ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THE SERVICE FOR ANY PURPOSE WHATSOEVER. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IF YOU RELY ON THE YAKAZSERVICE, OR ANY INFORMATION OR PRODUCT THEREIN, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
NEITHER YAKAZ, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, THE ITEMS ABOUT WHICH INFORMATION IS POSTED ON THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY SERVICE CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SERVICE. YAKAZ AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL YAKAZ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE OR THE SERVICE CONTENT, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT YAKAZ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD- PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO OR, ALTERATION OF, OR USE OF THE SERVICE.
IN NO EVENT SHALL YAKAZ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE OR OBTAINING ANY OTHER INFORMATION FROM THE SERVICE. FURTHERMORE, YOU AGREE TO INDEMNIFY YAKAZ AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE SITES OR ANY BREACH OF THIS AGREEMENT.
Digital Millennium Copyright Act Compliance
Yakaz complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Service, or if you believe that material posted on this Service infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
A legend or subject line that says: “DMCA Copyright Infringement Notice“;
Identification of the copyrighted material that is claimed to be infringed upon and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yakaz to locate the material;
A statement by you 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;
Information reasonably sufficient to permit Yakaz to contact you, including your full name, address, telephone number, and e-mail address;
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of the copyright owner (or person authorized to act on their behalf) or, if sent by e-mail, your typed name followed by “//s//“, which will serve as your electronic signature.
The Designated Agent for notice of copyright infringement claims may be reached at [email protected].
The interpretation of this Agreement and relative rights of the parties hereto shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to its conflict of laws rules.
READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM YAKAZ. For any dispute with Yakaz, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Yakaz has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof, in accordance with the below requirements.
Each party (a) hereby irrevocably and unconditionally submits to the jurisdiction of the federal or state courts located in Delaware for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Agreement except in the federal or state courts located in Delaware, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court. EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES HERETO HEREBY (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (II) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
This Agreement may not be assigned by you without the prior written consent of Yakaz. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Yakaz may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this Agreement are held to be invalid or unenforceable by a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Yakaz, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
BY VISITING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND YAKAZ, INC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE.