©2012– YEKRA LLC. All Rights Reserved.
2. Access to this Site: We may from time to time offer various features that require registration or the creation of an account with YEKRA. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any YEKRA representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us by emailing us at email@example.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by going to your account and choosing the "delete my account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note that if you are also a content owner, the cancellation of your account will be governed by the separate Distribution and Terms of Service Agreement.
3. Refund Policy: YEKRA may, at its sole discretion, provide you with a credit, refund, or discount in accordance with Section 15 below. However, if YEKRA terminates your account or suspends your access to YEKRA due to your violation of these Terms of Service, you will then not be eligible for any credit, refund, discount, or other considerations. All requests for refund are examined on a case-by-case basis. No refunds, credits, or discounts will be issued on account of personal tastes (for example, not liking the content) or perceptions of morality (material you find to be inaccurate, indecent, offensive, or objectionable). Therefore, you agree to waive, and do hereby waive, any legal rights or remedies you may have against YEKRA with respect thereto.
If YEKRA ultimately decides to grant a refund, credit, or discount, the amount of such, manner and disbursement date of the same, and the decision to provide, are at YEKRA's sole and complete discretion. Additionally, the granting of a refund, credit, or discount does not entitle any individual or party to the same in the future under similar or different circumstances.
4. Content Ownership: All of the contents of this site (the “Contents”), including but not limited to text, graphics, layout, interface, logos, photographs, audio and video materials, stills and the like, are owned by YEKRA or the party that provided the Contents to YEKRA. YEKRA or the party providing the Contents to YEKRA retains all right, title, and interest in the Contents. The Contents of this site, including the selection, arrangement, and look and feel, are protected by the copyright and trademark laws of the United States and by international treaties and conventions.
You may not access, download, or use this site or any of its Contents in violation of any law or regulation of the United States or any other applicable law or regulation. You may not attempt to decompile or reverse engineer any software contained on this site.
The Contents are available for permissible viewing on or through the following (collectively, the "Properties"):
YEKRA's affiliate and distributor websites;
other websites where users or website operators are permitted to embed the YEKRA video player (the “Video Player”); and
YEKRA authorized applications, features or devices.
6. The Video Player: You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Contents without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
7. Embedding a Video Using the Video Player: Where YEKRA has incorporated an embed option in connection with certain Contents, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to YEKRA (in YEKRA's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. YEKRA reserves the right to prevent embedding to any website or other location that YEKRA finds inappropriate or objectionable (as determined by YEKRA in its sole discretion).
9. Links to Other Sites: YEKRA may hyperlink this site to other sites that are not maintained by, or related to, YEKRA. YEKRA provides hyperlinks to other sites as a service to users, and such sites are not sponsored by or affiliated with this site or YEKRA. YEKRA has not reviewed any or all of such sites and is not responsible for any of the contents of those sites. YEKRA makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this site. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement by YEKRA of that site.
10. Global Reach: While the reach of the Internet is global and YEKRA’s products and services are intended for users throughout the world, some or all of YEKRA’s products and services may not be available in some countries because of differences in applicable laws and regulations. For that reason, this site may contain references to YEKRA products or services that are not available in your country. YEKRA makes no representation, express or implied, that any such products or services will hereafter be made available in your country. You may direct inquiries regarding the availability of YEKRA’s products and services to:
Customer Service Dept.
3950 Laurel Canyon Boulevard
11. Your Posts: As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 18 below); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant YEKRA the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. YEKRA will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that YEKRA does not guarantee any confidentiality with respect to any User Material.
12. Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. YEKRA does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of YEKRA. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does YEKRA assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against YEKRA with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Services is not available for a specific instance of inappropriate User Material, please email firstname.lastname@example.org (subject line: "Inappropriate User Material").
13. Digital Millennium Copyright Act Notice: If you are a copyright owner or an agent thereof and believe that any content provided on this website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the YEKRA to locate the material;
information reasonably sufficient to permit YEKRA to contact you, such as an address, telephone number, and, if available, an electronic mail;
a statement 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; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YEKRA's designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YEKRA customer service through the contact address listed on this Website. YEKRA will ignore any emails received at firstname.lastname@example.org that do not comply with the takedown procedures of this Section 12. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. If YEKRA determines, in its sole discretion, that a Website user is abusing the takedown procedures of this Section 12 in any way, including, without limitation, by sending YEKRA fraudulent DMCA notices, YEKRA reserves the right to terminate such user’s account.
14. Counter-Notice: If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in such content, you may send a counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notices may be sent to email@example.com If a counter-notice is received by the Copyright Agent, YEKRA may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 to 14 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YEKRA's sole discretion. YEKRA will ignore any emails received at firstname.lastname@example.org that do not comply with the counter-notice procedures of this Section 13. If YEKRA determines, in its sole discretion, that a Website user is abusing the counter-notice procedures of this Section 13 in any way, including, without limitation, by sending YEKRA fraudulent counter-notices, YEKRA reserves the right to terminate such user’s account.
15. Disclaimers: YEKRA cannot and does not guarantee or warrant that files or other content available for download from the Internet, including but not limited to this site, will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means outside of this site for reconstructing any lost or corrupted data. YEKRA does not assume any responsibility, risk, or liability for your use of the Internet, including but not limited to this site.
All of the information on this site, whether historical in nature or forward-looking, speaks only as of the date that YEKRA posts the information on this site (or such earlier date as is set forth on the respective page or document). YEKRA undertakes no obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate, up-to-date, or complete.
YOU USE THIS SITE AT YOUR OWN RISK. ITs Contents are provided “as is,” without warranties of any kind, either expressed or implied. YEKRA HEREBY disclaims all warranties, including BUT NOT LIMITED TO any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. YEKRA does not REPRESENT OR warrant that the functions OR CONTENTS contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. YEKRA does not warrant or make any representation regarding use, or the result of use, of the contentS in terms of accuracy, reliability, or otherwise. The contentS may include technical inaccuracies or typographical errors, and YEKRA may make changes or improvements at any time. You, and not YEKRA, assume the entire cost of all necessary servicing, repair, or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENTS. YEKRA MAKES NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THIS SITE OR ANY OF THE CONTENTS WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND YEKRA ASSUMES NO RESPONSIBILITY OR LIAILITY FOR ERRORS OR OMISSIONS IN ANY SUCH CONTENTS. ANY AND ALL WARRANTIES THAT ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD ALLOWED BY APPLICABLE LAW.
16. Limitation On Liability: YEKRA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, MEMBERS AND AGENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER DAMAGES, EVEN IF YEKRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF YEKRA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, MEMBERS AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO YEKRA FOR THE APPLICABLE CONTENTS OUT OF WHICH LIABILITY AROSE, WHICHEVER IS GREATER.
18. Trademarks: All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively “Marks”) appearing in this site are the property of YEKRA, unless otherwise noted. YEKRA retains any and all rights in the Marks, and you may not use any of those Marks without the prior written authorization of YEKRA, except for the sole purpose of properly identifying products or services originating from YEKRA. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, YEKRA without YEKRA’s express prior written consent.
19. Information You Provide: You may not post, send, submit, or transmit in connection with this site any material (collectively, “Unsuitable Material”) that:
you do not have the right to post, send, submit or transmit, as applicable, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, or is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized in writing by YEKRA in advance;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Last updated: April 16th, 2012.