Other Notices
Introduction
Welcome to Go,Yaar!,
an online directory and
social interaction site.
By using Go,Yaar!, (the
"Web Site"),
a part of the collective
eSesame Web Sites ("eSesame
Web Sites") you agree
to be bound by these Terms
of Use (this "Agreement"),
whether or not you register
as a member ("Member").
If you wish to become
a Member, communicate
with other Members, and
make use of the Go,Yaar!
service ("Service"),
read these Terms of Use
and accept these terms
on the registration page
to register as a Member.
This
is an Agreement between
you and eSesame Inc.
This is an agreement ("Agreement")
between you and eSesame
Inc. ("eSesame",
"Company", "us,"we"),
the owner and operator
of the Go,Yaar! Web Site
You represent that you
are at least 13 years
of age and any information
that you submit is correct.
eSesame OFFERS THE Go,Yaar!
WEB SITE TO YOU CONDITIONED
ON YOUR ACCEPTANCE WITHOUT
MODIFICATION OF THIS AGREEMENT.
YOUR USE OF THE Go,Yaar!
WEB SITE CONSTITUTES YOUR
ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS
DISCLAIMERS OF WARRANTIES
AND LIABILITY (See Sections
9, 10, and 11); AND AN
EXCLUSIVE REMEDY (See
Section 10). THESE PROVISIONS
FORM AN ESSENTIAL BASIS
OF OUR BARGAIN.
How
eSesame May Modify this
Agreement
eSesame reserves the right
to modify the terms, conditions,
and notices under which
it offers the Go,Yaar!
Web Site, including any
charges associated with
the use of the Web Site
You are responsible for
regularly reviewing these
terms, conditions and
notices, and any additional
terms posted on any eSesame
Web Site. Your continued
use of the eSesame Web
Sites after the effective
date of such changes signifies
your acceptance of and
agreement to such changes.
We further reserve the
right to modify or terminate
the Go,Yaar! web Site
for any reason, and without
notice, without liability
to you, any other Member
or any third party.
Additional
Terms
Any eSesame Web Site may
itself contain additional
terms (for example, codes
of conduct or guidelines)
that further govern use
of that eSesame Web Site,
including without limitation,
particular features or
offers (for example, contests
and promotions). If any
terms contained in this
Agreement conflict with
any terms contained within
a eSesame Web Site, then
the terms in this Agreement
shall control.
No
Commercial, Unlawful,
or Harmful Use of the
Go,Yaar! Web Site
The Go,Yaar! Web Site
is only for your personal
use. You will not use
the Go,Yaar! Web Site
for commercial purposes.
You will not use the Go,Yaar!
Web Site in any way that
is unlawful, or harms
eSesame, its Web Site
members or visitors, its
affiliates, service providers
and/or suppliers (each,
an "eSesame Party"
and collectively, the
"eSesame Parties")
or any customer of an
eSesame Party, as determined
in eSesame's sole discretion.
eSesame may tell you about
certain specific harmful
uses in a code of conduct
or other notices available
through the Go,Yaar! Web
Site, but has no obligation
to do so. You may not
use the Go,Yaar! Web Site
in any way that breaches
any code of conduct, policy
or other notice. Without
limiting the generality
of this section, you may
not use the eSesame Web
Sites in any manner that
could damage, disable,
overburden, or impair
any eSesame Web Site (or
the network(s) connected
to any eSesame Web Site)
or interfere with any
other party's use and
enjoyment of the eSesame
Web Sites.
Spam
is Prohibited and Causes
Damage
Without limiting the generality
of Section 4, you will
not use the eSesame Web
Sites, including the Go,Yaar!
Web Site, to transmit,
either directly or indirectly,
any unsolicited bulk e-mail
or unsolicited commercial
e-mail. You will not use
the Go,Yaar! Web Site
in any way that violates
the eSesame Anti-Spam
Policy (see below). A
breach of any part of
the Anti-Spam Policy is
a breach of this Agreement.
eSesame ANTI-SPAM POLICY
eSesame prohibits the
use of the Go,Yaar! Web
Site in any manner associated
with the transmission,
distribution or delivery
of any unsolicited bulk
or unsolicited commercial
e-mail ("Spam").
You may not use the Go,Yaar!
Web Site to send Spam.
You also may not deliver
Spam or cause Spam to
be delivered to any of
eSesame's Go,Yaar! Web
Site's members or customers.
In addition, e-mail sent,
or caused to be sent,
to or through the Go,Yaar!
Web Site and any registered
e-mail address and first
and last name may not:
use or contain invalid
or forged headers;
use or contain invalid
or nonexistent domain
names;
use or contain invalid
or nonexistent e-mail
addresses and first and
last names;
employ any technique
to otherwise misrepresent,
hide or obscure any information
in identifying the point
of origin or the transmission
path;
use other means of deceptive
addressing;
use a third party's internet
domain name, or be relayed
from or through a third
party's equipment, without
permission of the third
party;
contain false or misleading
information in the subject
line or otherwise contain
false or misleading content;
eSesame does not authorize
the harvesting, mining
or collection of e-mail
addresses or other information
from or through the Go,Yaar!
Web Site. eSesame does
not permit or authorize
others to use the Go,Yaar!
Web Site to collect, compile
or obtain any information
about its customers or
subscribers, including
but not limited to subscriber
e-mail addresses, which
are eSesame's confidential
and proprietary information.
Use of the Go,Yaar! Web
Site is also subject to
the eSesame Privacy Policy
on the Go,Yaar! Web Site
and the Go,Yaar! Web Site
Terms of Use and Notices.
eSesame does not permit
or authorize any attempt
to use the Go,Yaar! Web
Site in a manner that
could damage, disable,
overburden or impair any
aspect of any of Go,Yaar!
Web Site, or that could
interfere with any other
party's use and enjoyment
of the Go,Yaar! Web Site.
If eSesame believes that
unauthorized or improper
use is being made of the
Go,Yaar! Web Site, it
may, without notice, take
such action as it, in
its sole discretion, deems
appropriate, including
blocking messages from
a particular Internet
domain, mail server or
IP address. eSesame may
immediately terminate
any account on the Go,Yaar!
Web Site which it determines,
in its sole discretion,
is transmitting or is
otherwise connected with
any e-mail that violates
this policy.
Nothing in this policy
is intended to grant any
right to transmit or send
e-mail to, or through,
the Go,Yaar! Web Site.
Failure to enforce this
policy in every instance
does not amount to a waiver
of eSesame's rights.
Unauthorized use of the
Go,Yaar! Web Site in connection
with the transmission
of unsolicited e-mail,
including the transmission
of e-mail in violation
of this policy, may result
in civil, criminal, or
administrative penalties
against the sender and
those assisting the sender.
Materials
you Post or Provide
For materials you post
or otherwise provide to
eSesame related to the
Go,Yaar! Web Site (a "Submission"),
you grant eSesame permission
to (1) use, copy, distribute,
transmit, publicly display,
publicly perform, reproduce,
edit, modify, translate
and reformat your Submission,
each in connection with
Go,Yaar! Web Site and
eSesame's affiliated websites,
on a worldwide, non-exclusive,
transferable, and royalty-free
basis and (2) sublicense
these rights, to the maximum
extent permitted by applicable
law. eSesame will not
pay you for your Submission.
eSesame may remove your
Submission at any time.
For each Submission, you
represent that you have
all rights necessary for
you to make the grants
in this section.
eSesame's use of your
personal information is
governed by our Privacy
Policy and we will never
rent, sell or share your
personal information with
any third party for marketing
purposes without your
express permission. Unless
expressly given permission
by eSesame, you may not
copy, modify, publish,
transmit, distribute,
perform, display or sell
any of the Web Site's
or eSesame's proprietary
information.
To the maximum extent
permitted by applicable
law, the Go,Yaar! Web
Site may monitor your
electronic communications
and may disclose such
information in the event
it has a good faith reason
to believe it is necessary
for purposes of ensuring
your compliance with this
Agreement, and protecting
the rights, property,
and interests of the eSesame's
Go,Yaar! Web Site Parties
or any customer of a eSesame's
Go,Yaar! Web Site Party.
Code
and Web Site Design
eSesame reserves all rights
to all code ("software")
and web design on the
Go,Yaar! Web Site not
expressly granted to you
in this Agreement. Such
code and web design is
protected by copyright
and other intellectual
property laws and treaties.
eSesame or its suppliers
own the title, copyright,
and other intellectual
property rights in such
software, and such software
is licensed, not sold.
You will not disassemble,
decompile, or reverse
engineer, such software,
except and only to the
extent that such activity
is expressly permitted
by applicable law.
Information
Available from the Go,Yaar!
Web Site
eSesame and its suppliers
do not warrant or guarantee
the accuracy or timeliness
of any information available
from eSesame's Go,Yaar!
Web Site including events,
Member blogs, or Member
personal identification
and representation, even
if such information appears
in any e-mail, pager,
cell phone or other alerts
available through the
eSesame's Go,Yaar! Web
Site. eSesame and its
suppliers do not authorize
the use of information
available from the eSesame's
Go,Yaar! Web Site Web
Sites including events,
blogs, video, albums,
Personal Information,
for any purpose other
than your personal use,
and prohibit to the maximum
extent allowable the resale,
redistribution, and use
of this information for
commercial purposes. eSesame's
Go,Yaar! Web Site does
not endorse or recommend
any particular product
or service, including
external website that
may have links within
the Go,Yaar! Web Site.
Nothing contained in the
eSesame's Go,Yaar! Web
Site is intended to constitute
professional advice.
Disclaimer
of Warranties
eSesame PROVIDES THE eSesame's
Go,Yaar! WEB SITE "AS
IS," "WITH ALL
FAULTS" AND "AS
AVAILABLE," AND THE
ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS
WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE
LAW, THE eSesame PARTIES
MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED. THE
eSesame PARTIES DISCLAIM
ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS,
STATUTORY AND IMPLIED,
INCLUDING WITHOUT LIMITATION
(1) WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT,
NO ENCUMBRANCES, NO LIENS
AND NON-INFRINGEMENT,
(2) WARRANTIES OR CONDITIONS
ARISING THROUGH COURSE
OF DEALING OR USAGE OF
TRADE, AND (3) WARRANTIES
OR CONDITIONS THAT ACCESS
TO OR USE OF THE eSesame
Go,Yaar! WEB SITE WILL
BE UNINTERRUPTED OR ERROR-FREE.
THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE
FACE OF THIS AGREEMENT.
Limitation
of Liability, Your Exclusive
Remedy
IN NO EVENT WILL ANY eSesame
PARTY BE LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT,
CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF,
BASED ON, OR RESULTING
FROM THIS AGREEMENT OR
YOUR USE OF THE eSesame
Go,Yaar! WEB SITE, EVEN
IF SUCH eSesame PARTY
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF DAMAGES
UNDER SECTION 10 IS INDEPENDENT
OF YOUR EXCLUSIVE REMEDY
AND SURVIVES IN THE EVENT
SUCH REMEDY FAILS OF ITS
ESSENTIAL PURPOSE OR IS
OTHERWISE DEEMED UNENFORCEABLE.
THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT
REGARD TO WHETHER THE
DAMAGES ARISE FROM (1)
BREACH OF CONTRACT, (2)
BREACH OF WARRANTY, (3)
NEGLIGENCE, OR (4) ANY
OTHER CAUSE OF ACTION,
TO THE EXTENT SUCH EXCLUSION
AND LIMITATIONS ARE NOT
PROHIBITED BY APPLICABLE
LAW. IF YOU ARE DISSATISFIED
WITH THE eSesame Go,Yaar!
WEB SITE, YOU DO NOT AGREE
WITH ANY PART OF THIS
AGREEMENT, OR YOU HAVE
ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY eSesame
PARTY WITH RESPECT TO
THIS AGREEMENT OR THE
eSesame Go,Yaar! WEB SITE,
THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE
USING THE eSesame Go,Yaar!
WEB SITE.
Changes
to the Web Site, Additional
Limited Liability
eSesame MAY CHANGE THE
eSesame Go,Yaar! Web Site
WEB SITES OR DELETE FEATURES
IN ANY WAY, AT ANY TIME
AND FOR ANY REASON. As
you use the eSesame's
Go,Yaar! Web Site, you
should expect to receive,
access or use information,
materials, graphics, software,
data and content (collectively,
"Content") originated
by eSesame's Go,Yaar!
Web Site and persons other
than eSesame's Go,Yaar!
Web Site (any such person
is referred to as a "Third
Party"). WITHOUT
LIMITING THE GENERALITY
OF SECTIONS 9 AND 10,
YOU ACKNOWLEDGE AND AGREE
THAT THE eSesame's Go,Yaar!
Web Site PARTIES ARE NOT
RESPONSIBLE OR LIABLE
FOR (1) ANY CONTENT, INCLUDING
WITHOUT LIMITATION, ANY
INFRINGING, INACCURATE,
OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY,
TORTIOUS, OR ILLEGAL CONTENT,
OR (2) ANY THIRD PARTY
CONDUCT, TRANSMISSIONS
OR DATA. IN ADDITION,
WITHOUT LIMITING THE GENERALITY
OF SECTIONS 9 AND 10,
YOU ACKNOWLEDGE AND AGREE
THAT eSesame's Go,Yaar!
Web Site IS NOT RESPONSIBLE
OR LIABLE FOR (1) ANY
VIRUSES OR OTHER DISABLING
FEATURES THAT AFFECT YOUR
ACCESS TO OR USE OF THE
Go,Yaar! WEB SITE, (2)
ANY INCOMPATIBILITY BETWEEN
THE Go,Yaar! WEB SITE
AND OTHER WEB SITES, SERVICES,
SOFTWARE AND HARDWARE,
(3) ANY DELAYS OR FAILURES
YOU MAY EXPERIENCE IN
INITIATING, CONDUCTING
OR COMPLETING ANY TRANSMISSIONS
OR TRANSACTIONS IN CONNECTION
WITH THE Go,Yaar! WEB
SITE IN AN ACCURATE OR
TIMELY MANNER, OR (4)
ANY DAMAGES OR COSTS OF
ANY TYPE ARISING OUT OF
OR IN ANY WAY CONNECTED
WITH YOUR USE OF ANY SERVICES
AVAILABLE FROM THIRD PARTIES
THOUGH LINKS CONTAINED
ON THE eSesame's Go,Yaar!
Web Site WEB SITES. THE
LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS IN SECTIONS
9, 10 AND 11 OF THIS AGREEMENT
APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE
LAW, AND ARE NOT INTENDED
TO DEPRIVE YOU OF ANY
MANDATORY PROTECTIONS
PROVIDED TO YOU UNDER
APPLICABLE LAW.
Termination,
Access Restriction
eSesame's Go,Yaar! Web
Site may terminate this
Agreement, or terminate
or suspend your access
to the Go,Yaar! Web Site
at any time, with or without
cause, with or without
notice. Upon such termination
or suspension, your right
to use the eSesame's Go,Yaar!
Web Site will immediately
cease. UPON SUCH TERMINATION
OR SUSPENSION, ANY INFORMATION
YOU HAVE STORED ON THE
eSesame's Go,Yaar! Web
Site MAY NOT BE RETRIEVED
LATER.
Choice
of Law and Location for
Dispute Resolution
If this Agreement is with
eSesame Inc., claims for
enforcement, breach or
violation of duties or
rights under this Agreement
will be adjudicated under
the laws of the State
of California, without
reference to conflict
of laws principles. If
this Agreement is with
a eSesame's Go,Yaar! Web
Site affiliate, claims
for enforcement, breach
or violation of duties
or rights under this Agreement
will be adjudicated under
the laws of the place
of incorporation for such
eSesame's Go,Yaar! Web
Site affiliate, without
reference to conflict
of laws principles. All
other claims, including,
without limitation, claims
under or for violation
of consumer protection
laws, unfair competition
laws, and in tort, will
be adjudicated under the
laws of your state of
residence in the United
States, or, if you reside
outside the United States,
under the laws of the
country to which the subject
eSesame are directed.
The parties agree to submit
to the personal and exclusive
jurisdiction of the courts
located in the County
of Santa Clara, California,
in all disputes arising
out of or relating to
the use of eSesame's Go,Yaar!
Web Site. If this Agreement
is with a eSesame's Go,Yaar!
Web Site affiliate, you
hereby consent to the
exclusive jurisdiction
and venue of the courts
located in the place of
incorporation for such
eSesame's Go,Yaar! Web
Site affiliate in all
disputes arising out of
or relating to the use
of the eSesame's Go,Yaar!
Web Site.
Interpreting
the Agreement, Assignment
If any part of this Agreement
is determined to be invalid
or unenforceable pursuant
to applicable law, then
the invalid or unenforceable
provision will be deemed
superseded by a valid,
enforceable provision
that most closely matches
the intent of the original
provision and the remainder
of this Agreement will
continue in effect. eSesame
may assign this Agreement,
in whole or in part, at
any time with or without
notice to you. You may
not assign this Agreement,
or assign, transfer or
sublicense your rights,
if any, in eSesame's Go,Yaar!
Web Site. Except as expressly
stated herein, this Agreement
constitutes the entire
agreement between you
and eSesame with respect
to the eSesame's Go,Yaar!
Web Site and it supersedes
all prior or contemporaneous
communications and proposals,
whether electronic, oral
or written, between you
and eSesame with respect
to the Go,Yaar! Web Site.
The section titles in
the Agreement are solely
used for the convenience
of the parties and have
no legal or contractual
significance.
You
have Limited Time to Bring
your Claim
YOU AND eSesame AGREE
THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED
TO eSesame's Go,Yaar!
Web Site MUST COMMENCE
WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY
BARRED.
Copyright
and Trademark Notices,
Other Acknowledgments
All contents of eSesame's
Go,Yaar! Web Site are
Copyright © 2006
eSesame Inc. and/or its
suppliers, 1736 Oak Creek
Dr. #211, Palo Alto, California
94304 U.S.A. All rights
reserved. The Go,Yaar!
Web Site, and/or other
eSesame products and services
referenced herein may
also be either trademarks
or registered trademarks
of eSesame in the United
States and/or other countries.
The names of actual companies
and products mentioned
herein may be the trademarks
of their respective owners.
The example companies,
organizations, products,
domain names, e-mail addresses,
logos, people, places
and events depicted herein
are fictitious. No association
with any real company,
organization, product,
domain name, e-mail address,
logo, person, places or
events is intended or
should be inferred. Any
rights not expressly granted
herein are reserved.
Other
Notices
Pursuant to Title 17,
United States Code, Section
512(c)(2), notifications
of claimed copyright infringement
should be sent to Service
Provider's Designated
Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice
and Procedure for Making
Claims of Copyright Infringement.
Send any copyright issues
to copyright@goyaar.com
