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Terms & Conditions:
<!-- alternate content if iframes not supported --> <textarea style="width:500px;height:100px;border:solid 1px #CCC;">THE YURTH NETWORK'S USER AGREEMENT: 1. Your Use and Acceptance Welcome to Yurth! We at Yurth work hard to ensure that you have an enjoyable experience on our web site. Please read this page in its entirety as it explains your rights and responsibilities regarding your use of the Yurth Network (defined below). You agree to accept the following User Agreement ("Agreement") between you and Fast Paced Operation, which owns and produces Yurth ("Yurth"), and your use of the Yurth web site confirms your acceptance of the terms of this Agreement. In the event that you seek to use portions of the Yurth Network that require registration, such as our Forums/Communities, our Video Upload Service (see Section 6 below), and in general any interactive feature of the Yurth Network, then we will ask during registration that you expressly manifest your acceptance of this Agreement by clicking “I ACCEPT.” For purposes of this Agreement, the term "Yurth Network" means any and all of Yurth's web sites, including, without limitation, www.yurth.com, as well as any other web sites that may now or hereafter contain an authorized Yurth-branded area, content, player, or window, provided by Yurth (collectively, “Yurth Network”)(provided that your use of such Yurth features on Third Party Web Sites—defined below—may also subject you to the terms of use and privacy policy of such Third Party Web Site). 2. Subsequent Revisions to Agreement Yurth may periodically revise the terms of this Agreement by updating this page. You agree to be bound by subsequent revisions to this Agreement. Accordingly, you should periodically visit this page to review the current terms of this Agreement. 3. Yurth's Rights Yurth reserves all right, title, and interest not expressly granted under this Agreement. Copyright. The content on Yurth except for all user submissions such as video uploads (which continue to be owned by the party submitting such content; see Section 6 below), is owned by or licensed to Yurth, including without limitation text, articles, films, media files, reviews, software, graphics, photos, sound, music, videos and interactive features (collectively, “Content”), subject to copyright and other intellectual property rights under the laws of the United States and international treaties. The Content may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of Yurth and its Content providers. The only exception to this may be if a specific item of Content, such as a video that has been submitted to our video upload service, contains express indications that you may make certain use of it because only some rights are reserved to the owner pursuant to a Creative Commons or other limited license. Trademark. The names or services on the Yurth Network, including, without limitation, “Yurth”, are trademarks or registered trademarks of Yurth. Other names or services on the Yurth Network may be the trademarks of their respective owners. You agree not to use any Yurth trademarks or any confusingly similar marks for any purpose without the express prior written consent of Yurth in each instance. Violations may result in severe civil and criminal penalties. 4. Your Use of Materials and Content Yurth puts valuable Content onto the Yurth Network, and must carefully protect this Content. Yurth authorizes you to access and use the Content solely for your personal, non-commercial use, unless a specific item of Content has indications that expressly give you greater rights. You may not sell or modify the Content, and you may not reproduce, republish, upload, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, unless otherwise indicated for a specific Yurth service or item of Content. You may not use or launch any computerized or automated mechanism, including without limitation, any web scraper, spider, robot or offline reader, to access, extract and/or download any Content from the Yurth Network, or to send more request messages in a given period of time than a user can do in the same period using a conventional online browser, unless you are expressly authorized to do so by a specific Yurth service. In addition, you agree not to collect or harvest personally identifiable information, including account names, from the web site, nor to use any information provided by the web site for purposes of commercial solicitation. As an express condition of your use of the Yurth Network, you warrant to Yurth that you will not use the Yurth Network for any unlawful purpose or purpose prohibited by this Agreement. If with permission of Yurth you download or print a copy of any Content for personal use, you must retain any copyright or other proprietary notices. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. The Yurth Network resides on servers in the United States, is intended for US users, and is subject to the laws stated in Section 8 below regardless of where the user is located. Yurth makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Yurth Network. 5. Your Use of the Yurth Network Yurth tries to maximize user experience on the Yurth Network, but there are some things that are out of our control, and other things that may go wrong from time to time. The Yurth Network may contain inaccuracies or typographical errors. Yurth makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Yurth Network or the Content. Your use of the Yurth Network, including, without limitation, the services and information, contained therein, is on an "as is" basis and is at your own risk. Yurth may make changes in the Content at any time. Yurth cannot always anticipate, and is not responsible for, technical, access or other difficulties, which may result in loss of Content, data, settings or other service interruptions. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE YURTH WEB SITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAST PACED OPERATION, WHICH OWNS AND PRODUCES YURTH, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YURTH WEB SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS, OR (2) ANY WARRANTY OR CONDITION CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES, AND (3) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR OTHERWISE. Disclaimer of Liability. FAST PACED OPERATION, WHICH OWNS AND PRODUCES YURTH, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY "YURTH") SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (i) YOUR USE OF THE YURTH NETWORK AND (ii) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. Third Party Links. The Yurth Network may contain links to web sites operated by parties other than Yurth ("Third Party Web Sites"), and Yurth may license Content from the Yurth Network for use by Third Party Web Sites. Yurth makes no representation or endorsement of the Third Party Web Sites and you access them at your own risk. Yurth Network Modification and Discontinuation. Yurth reserves the right to modify or discontinue, temporarily or permanently, at any time, any Content or Information (defined below) on the Yurth Network, or the Yurth Network itself, or any portion thereof. You agree that any such modification or discontinuation shall be entirely without liability to you or any third party. Use Of Web Communities and Forums. The Yurth Network contains forum services, web communities, and other message and communication facilities (collectively, “Communities”), whose use is at your own risk. Yurth neither endorses nor controls the files, information, or messages (collectively, "Information") delivered to or displayed in the Communities, unless otherwise noted therein, and Yurth assumes no duty to, and does not, monitor or endorse Information within the Communities, nor does Yurth represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. Yurth reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Information, in whole or part, that Yurth deems inappropriate for inclusion in the Communities, with the goal of ensuring compliance with this Agreement and applicable law. Yurth reserves the right to expel you from or suspend your access to some or all of the Communities for violating the law or this Agreement. The Communities are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, Yurth shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk so be careful about disclosing your personal information. Interactive Use of Yurth. In order to maximize your use and benefit of Yurth, you may wish to use the site in an interactive manner, by uploading videos or other Content or commenting on Content. In order to do this, you will have to select a userID and password in accordance with the web site's instructions. You should maintain your password (which you will select as part of the process of registration to use interactive portions of the Yurth Network) in confidence, and not share your password or other access information with any other user or third party. You should notify the Yurth Network if you need to change your password because its confidentiality has been compromised. When using the Communities you may not do any of the following: 6. Restrict or inhibit any other user from using and enjoying the Communities; 7. Post or transmit any abusive, hateful, defamatory, indecent, libelous, obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful, vulgar, or other Information of any kind that violates applicable law or regulation or which harms minors in any way, including, without limitation, Information that constitutes the following: Engage in infringement, i.e., provide or knowingly use Information that violates or infringes upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity or which discloses any trade secret or confidential information. Upload harmful software, i.e., software or materials that contain a virus, corrupted files, or similar programs that may damage the operation of another's computer or the Yurth Network. 8. Post advertisements or solicitations of business, except in areas expressly designated for such purposes and in accordance with the express rules and regulations established by Yurth. 9. Post chain letters or pyramid schemes or impersonate another person. 10. Manipulate headers or identifiers so as to disguise the origin or content of any Information/posting. 11. Do any act which interferes with or slows the operation of the Yurth Network. Yurth may condition your right to participate in the Communities on your furnishing to Yurth and keeping updated at all times such personal identifying information as Yurth may reasonably require, including, without limitation, your true name and a current, active e-mail address. Yurth reserves the right to suspend or terminate your access to some or all of the Communities if Yurth has a good faith basis for believing that any of the information you have supplied is inaccurate or that your account is being used by anyone other than you to access the Communities. By posting Information to the Communities, you automatically grant to Yurth a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such Information and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. 12. Video Upload Service If you intend to upload videos or other permitted content to the Yurth website, please consult the Video Upload Service Terms of Use, which are incorporated herein by this reference. 13. Yurth Network Not for Children The Yurth Network is not directed at children under the age of 13. Those portions of the Yurth Network requiring registration, such as use of Communities, ask that the user's age or birthday be provided, and will automatically exclude from registration those who are under 13. If a person indicates that he/she is under the age of 13, Yurth shall: not collect the child's personal information; ask the child to provide his/her parent's consent to register with Yurth; or ask the child to provide a parent's email address so that Yurth can obtain parental consent to the child's registration with the Web Site, subscription to Yurth newsletters, and/or participation in other activities and options made available on the Web Site. If a user under the age of 13 wants to participate in online activities offered on the Web Site, we only collect from him/her that information which is reasonably necessary for him/her to participate in the activity. After receipt of a request from a parent, we shall notify the parent what personal information Yurth has collected from his/her child. Such requests or questions regarding Yurth's privacy practices should be sent via email to privacy@yurth.com or by U.S. mail to Fast Paced Operation, Attn: Privacy Administrator, 2501 Colorado Ave. Suite 350, Santa Monica, CA 90404. 14. General Terms and Conditions Privacy: Yurth's use of personal information you provide or which Yurth obtains shall be in accordance with Yurth's privacy policy, as it may be changed from time to time; Yurth's privacy policy can be found at the bottom of the home page. Choice of Law and Forum. This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state court in Los Angeles County or Federal court in the Central District of California, agree that any action related to this Agreement must be brought in such state or Federal court in the State of California, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, Yurth reserves the right to commence an action in your home jurisdiction in regards to this Agreement. Indemnity. You agree to defend, indemnify and hold harmless Yurth, its licensors, licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, any material which you may post to the Communities or any use of the Content by you or under your control. Severability. If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. Use of "You" or "Your". The words "you" or "your" shall also include your heirs, executors, administrators, successors, legal representatives and permitted assigns. Waiver. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Yurth. Copyright Complaints. If you believe that your work or Information has been copied and is accessible on the Yurth Network in such a manner as to constitute copyright infringement, you may notify Yurth by providing Yurth's copyright agent with the following information: 15. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 16. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 17. Your address, telephone number, and email address; 18. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 19. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Yurth's agent for notice of claims of copyright infringement on the Yurth Network may be reached as follows: Fast Paced Operation Attn: Yurth copyright agent 2501 Colorado Ave. Suite: 350 Santa Monica, CA 90404 Fax: 310-449-6700 Attn: Fast Paced Operation/Yurth feedback@yurth.com Printed Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. </textarea>
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