iYomu Terms of Use

iYomu Terms of Use - Last updated on 13 August 2007.

1. General
2. Changes to these terms of use
3. Application of these terms of use
4. Joining iYomu
5. "Freemium" business model
6. Use of our website
7. Privacy
8. Intellectual property
9. Indemnity
10. Disclaimers
11. Limitation of liability
12. Jurisdiction
13. Miscellaneous
14. Governing law
15. Definitions

1. General
   • 1.1 Our website is a social networking site for grown-ups. You are given an original way to describe yourself so that you can make better matches with people for sharing interests, doing business or just living. Our website offers you many unique and powerful networking tools to help you find, communicate and share with the people you are looking for.
   • 1.2 The purpose of these terms of use is to let you know about the terms and conditions which apply to your use of our website.
   • 1.3 By joining iYomu, you confirm that you have read and agree to these terms of use and our privacy policy. If you do not agree to these terms of use and our privacy policy, you will not be able to use our website.
2. Changes to these terms of use
   • 2.1 We may make changes to these terms of use from time to time. As such, we encourage you to review these terms of use regularly so that you stay informed about the terms and conditions which apply to your use of our website.
   • 2.2 If we do make changes to these terms of use, we will revise the "last updated" date at the top of these terms of use. If we think any changes to these terms of use are really important, we will also either place a prominent notice on the homepage of our website or send a notice directly to you.
   • 2.3 From time to time we may specify Extra Terms. We will place any Extra Terms in an obvious place on our website, for you to see in connection with the relevant specific content. All Extra Terms form part of these terms of use.
   • 2.4 Your continued use of our website means that you agree to these terms of use, and any changes we may make to them.
3. Application of these terms of use
   • 3.1 These terms of use apply only to your use of our website. These terms of use do not apply to your use of websites that we do not own or operate, but to which our website may link.
4. Joining iYomu
   • 4.1 You may view some parts of our website if you visit www.iYomu.com, but you must join iYomu if you want to be able to use all of the features of our website.
   • 4.2 You must be 18 years of age or older to join iYomu.
   • 4.3 When you join iYomu, you will be asked to create a password. Your password is the key to your iYomu account and user profile. We recommend that you use unique combinations of numbers, letters and special characters for passwords.
   • 4.4 You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your personal information. We recommend that you do not disclose your password to anyone. If you do disclose your password, you are responsible for all actions taken by the user of your password on our website.
   • 4.5 If you suspect your password has been compromised in any way, please notify us on legal@iyomu.com and change your password.
5. "Freemium" business model
   • 5.1 iYomu uses a "freemium" business model. This means that you can join iYomu, and use a number of the products and/or services we offer on our website, for free, but there may be certain premium products and/or services for which we will charge a fee.
   • 5.2 We reserve the right to charge fees at a later stage for all or any of the products and/or services we currently provide for free, upon giving you 30 days' notice.
   • 5.3 We will keep our fee structure transparent, but we reserve the right to change our fees at any time and we will give you 30 days' notice of any changes we may make.
   • 5.4 Fees are payable in advance, by credit card each calendar month, using our secure credit card facility. If you tell us part way through a month that you no longer wish to use any product and/or service on our website that you have already paid for, you will not be refunded any fees for the balance of the month paid for but not used.
   • 5.5 If your payment method fails for any reason, or if you do not pay by the due date for payment, we reserve the right to suspend your use of the particular product and/or service you are to pay for, or terminate your account, at our sole discretion.
6. Use of our website
   • 6.1 We are committed to protecting your right to use our website free from any content which is abusive or offensive, or which places your safety at risk. As such (by way of example, but not in limitation), users of our website are not permitted to:
   • 6.1.1 post any content which is false, misleading, inaccurate, libelous, defamatory, obscene, offensive, pornographic, abusive, hateful, inflammatory, harmful, tortious, or racially, ethnically, or otherwise objectionable, or which violates any law protecting the rights of any person;
   • 6.1.2 harass, stalk, abuse, impersonate, intimidate, or otherwise threaten any person;
   • 6.1.3 disrespect or violate the privacy of any person;
   • 6.1.4 use our website for unwelcome, inappropriate or abusive communications;
   • 6.1.5 use our website in any manner that does or might interfere with any other user's enjoyment of our website;
   • 6.1.6 combine with other users of our website to induce, promote or conduct any illegal conspiracy or other effort intended to harass others or disrupt the business of others.
   • 6.2 We are also committed to protecting the intellectual and personal property rights of users of our website, and ask that users respect ours. As such (by way of example, but not in limitation), users of our website are not permitted to:
   • 6.2.1 attempt to gain unauthorized access to another user's account information, computer systems or networks, whether associated with our website or not;
   • 6.2.2 post any content that infringes any copyright, trade mark, service mark, patent, trade secret, confidentiality or other rights of any person;
   • 6.2.3 copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from our website (including copyrights and trade marks) without our prior written consent and/or the prior written consent of the appropriate third party and/or user;
   • 6.2.4 use our website or our services to transmit, route, provide connections to, or store, any material that violates or promotes the violation of the intellectual property rights of any other person.
   • 6.3 We ask that users respect the technical integrity and community spirit of our website. As such (by way of example, but not in limitation), users of our website are not permitted to:
   • 6.3.1 provide false, inaccurate and/or incomplete registration and/or payment registration information;
   • 6.3.2 use a false identity, impersonate another person or use a name that they are not authorized to use;
   • 6.3.3 bypass any measures we may use to prevent or restrict access to our website;
   • 6.3.4 transfer their account (including feedback) and/or their password to another person without our consent;
   • 6.3.5 circumvent or manipulate our fee structure, billing process, or any fees owed to us for services rendered;
   • 6.3.6 circumvent or attempt to circumvent our website using third party payment services;
   • 6.3.7 attempt to obtain any information or materials relating to our website through any means not intentionally made available through our website;
   • 6.3.8 take any action that may undermine the user referral system, the user feedback system or the ratings systems that we will introduce;
   • 6.3.9 distribute or post spam, chain letters, or pyramid schemes;
   • 6.3.10 use spyware or any form of deception (spoofing) on our website;
   • 6.3.11 distribute viruses or any other technologies that may harm us or our website, or the interests or property of users of our website;
   • 6.3.12 harvest or otherwise collect information about users of our website, including email addresses, without their consent;
   • 6.3.13 "frame" or "mirror" or otherwise copy any portion of our website without our express written authorization;
   • 6.3.14 modify, adapt, or disable our website or modify another website so as to falsely imply that it is associated with our website;
   • 6.3.15 use any robot, spider, scraper or other automated means to access our website for any purpose without our express written permission;
   • 6.3.16 bypass our robot exclusion headers or any other measures we may use to prevent or restrict access to our website;
   • 6.3.17 take any action that imposes or may, in our sole discretion, impose an unreasonable or disproportionately large load on our technical infrastructure;
   • 6.3.18 interfere or attempt to interfere with the proper working of our website or any activities conducted on our website;
   • 6.3.19 use our website for any purpose that is unlawful, fraudulent or contrary to these terms of use or our other policies;
   • 6.3.20 violate any national or international laws or any third party rights;
   • 6.3.21 encourage or instruct any other individual to do any of the foregoing or to violate any of these terms of use or our other policies.
   • 6.4 Ultimately, in addition to any other right or remedy that may be available to us under these terms of use or at law, we may limit, suspend, or terminate your membership, block your access to our website, modify or remove any content posted on our website, and/or take any technical and/or legal action we believe is necessary, if we think, in our sole discretion, that your use of our website is in breach of these terms of use or goes against the community values of iYomu.
   • 6.5 You agree that you will co-operate fully with us to investigate any suspected illegal or improper activity on our website including, but not limited to, granting us or any authorized representatives of ours access to any password-protected parts of your account.
   • 6.6 We will work with the iYomu community to protect the rights of users of our website and to keep our website working properly. We rely on users of our website to determine the character of the community they want. Please report any actual or perceived breaches of these terms of use and/or any behavior which goes against the community values of iYomu to us at misuse@iYomu.com.
7. Privacy
   • 7.1 We are committed to protecting your privacy and ensuring that you are always in control of any personal information you provide on our website.
   • 7.2 For other information about our information collection, use and protection practices, please see our privacy policy, which is to be read in conjunction with these terms of use.
8. Intellectual property
   • 8.1 We do not claim any ownership rights in Content that you post on our website. Even though you may post Content on our website, you will continue to retain all ownership rights in that Content, and you will continue to have the right to use that Content as you wish.
   • 8.2 By posting Content on our website, you grant us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute that Content only on our website. The license you grant us is non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide. This license will terminate when you remove your Content from our website. The license you grant us does not give us the right to sell your Content, nor does it give us the right to distribute your Content outside our website.
   • 8.3 In granting us the license referred to above, you represent and warrant that:
   • 8.3.1 you own the Content you have posted on our website or otherwise have the right to grant the license referred to above;
   • 8.3.2 the posting of your Content on our website does not violate the privacy rights, publicity rights, copyrights, contract rights or any intellectual property or other rights of any person; and
   • 8.3.3 you have paid all royalties, fees, and any other monies you may owe any person by reason of any Content posted by you on our website.
   • 8.4 You acknowledge that when you post Content on publicly accessible parts of our website, or areas the access to which you have limited to certain specified users, we cannot control the use, reproduction or distribution of that Content by other users of our website.
   • 8.5 Our website contains Content that belongs to us. Our Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in our Content. When you use our website we grant you a limited, revocable, non-sublicensable license to reproduce and display our Content (excluding any software code) solely for your personal use in connection with viewing and using our website.
   • 8.6 Except for Content you have posted, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through our website.
9. Indemnity
   • 9.1 You agree to indemnify and hold harmless iYomu, our related companies, subsidiaries, affiliates, customers, vendors, officers, directors, shareholders and employees against any liability, damage or cost (including legal costs on an attorney/client basis), from any claim or demand made by any person due to or arising out of your access to and use of our website, use of the products and/or services we provide, breach of these terms of use, or the violation by you, or any other person using your account, of any intellectual property or other right of any person or entity.
10. Disclaimers
    • 10.1 The services, products and content on our website are provided "as is" and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties. If that is the case, the above exclusion may not apply to you.
    • 10.2 We do not endorse, warrant or guarantee any products or services offered on our website. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
    • 10.3 Neither we nor any of our licensors or suppliers warrants that your use of our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes them available are free of viruses or other harmful components.
    • 10.4 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your use of our website. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any communication with us on account of technical problems or congestion on the internet or at any website, or any combination of them, including any injury or damage to your or any other person's computer related to or resulting from use of our website.
    • 10.5 Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials on our website in terms of their correctness, accuracy, reliability, or otherwise.
    • 10.6 You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to our website; what services and/or content users access on our website; what effects the services and/or content may have on individual users; how users may interpret or use the services and/or content; or what actions users may take as a result of having been exposed to the services and/or content.
    • 10.7 You release us from all and any liability for using or not using services and/or content on our website.
    • 10.8 We make no representations concerning any content contained in or accessed through our website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our website.
    • 10.9 Our website may contain, or direct users to websites containing, content that you may find offensive or inappropriate. While we require users of our website to comply with these terms of use, you understand that, by using our website, you may be exposed to content that is offensive, indecent or objectionable. You accept that it is just not possible for us to screen all content posted on our website. We are not responsible for screening content posted on our website to ensure that it is not false, misleading, inaccurate, libelous, defamatory, obscene, offensive, pornographic, abusive, hateful, inflammatory, harmful, tortious, or racially, ethnically, or otherwise objectionable, or to ensure that it does not violate the intellectual property rights of any person. We do, however, reserve the right to modify or remove posted content that we, in our sole discretion, think breaches these terms of use or is otherwise unacceptable. We also reserve the right to edit posted content for any other reason. Whether or not we edit or remove such content, you will remain solely responsible for any content you post on our website.
    • 10.10 You acknowledge and agree that we are not responsible in any way for any interaction that occurs between you and any other user of our website. As between us and you, you alone shall be responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area or through a private exchange, any form of contact or other information with any user of our website.
    • 10.11 If you have a dispute with one or more other users of our website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with that dispute.
11. Limitation of liability
    • 11.1 To the maximum extent permitted by law, neither we nor our suppliers or licensors shall be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential or other damages whatever or however arising out of or in anyway connected with your use of, or your inability to use, our website, any content posted on our website, or any products and/or services provided on our website, even if we are advised of the possibility of such damages. Some jurisdictions may not allow the limitation or exclusion of liability in this way or to this extent. If that is the case, the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed US$100.00.
12. Jurisdiction
    • 12.1 We control and operate our website from our offices in New Zealand. We do not represent that any material on our website is appropriate or available for use in any other country. If you choose to access and use our website from a country other than New Zealand, you do so on your own initiative and you will be responsible for compliance with the laws of that country, if and to the extent that those laws apply.
13. Miscellaneous
    • 13.1 If any provision of these terms of use is held by a court with appropriate jurisdiction to be illegal, invalid, or unenforceable, that provision shall be deleted from these terms of use and the remaining provisions shall remain in full force and effect.
    • 13.2 Any failure on our part to enforce any part of these terms of use or to exercise any right we may have under these terms of use will not constitute a waiver to any extent of our rights.
    • 13.3 We may assign our rights and obligations under these terms of use at any time and, if we do, we will be relieved of any further obligation to you under these terms of use.
    • 13.4 These terms of use, any Extra Terms and our privacy policy constitute the entire agreement you have with us as to your use of our website and supersede any prior agreements or understandings we may have with you.
14. Governing law
    • 14.1 These terms of use are governed by and construed in accordance with New Zealand law. By joining iYomu you submit to the non-exclusive jurisdiction of the courts of New Zealand.
15. Definitions
    • 15.1 In these terms of use, unless we say otherwise:
    • 15.1.1 "Content" means any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials posted on our website;
    • 15.1.2 "Extra Terms" means extra terms and conditions that apply to specific content on our website;
    • 15.1.3 "our website" means www.iYomu.com and any other website that we may own or operate in the future;
    • 15.1.4 "post" means to display or publish;
    • "we", "us", "our" or "iYomu" means iYomu Limited, company number 1770827, having its registered office and address for service at Level 8, 242 Queen Street, Auckland, New Zealand, and our related or affiliated companies;
    • 15.1.5 "you" means each registered user of our website.