YAKiToMe! Terms of Service
1. Acceptance
YAKiToMe! provides its service ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what YAKiToMe! expects of you. YAKiToMe! may amend the TOS at any time by posting an amended TOS on our website.
2. Registration Obligations
Limited access to our Service is provided without registering. For full functionality, you must register for a membership. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or YAKiToMe! has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, YAKiToMe! has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. During the registration process, you will designate a login and password. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify YAKiToMe! of any unauthorized use of your membership or any other breach of security.
3. Subscriptions
As a member of the Service you may enter URLs of news and blog feeds. YAKiToMe! does not pre-screen news feeds, but YAKiToMe! will have the right in their sole discretion to remove any feed that violates the TOS. You understand that the content of each news feed is the sole property and responsibility of the creator of the feed. YAKiToMe! does not control the news feeds and does not guarantee the accuracy, integrity, or quality of the feeds. Additionally, YAKiToMe! does not claim any ownership of the content of the feeds and certain providers of feeds may have specific terms of service associated with their feeds, which you agree to read and accept before accessing them.
4. Prohibited Uses
You agree that you will not: a. impersonate any person, including a YAKiToMe! employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the TOS; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree that you will not publicly post any text or audio that violates the Copyright Protection Act or to which you are not the legal owner. You agree that you will not edit, alter or redistribute audio podcasts made by YAKiToMe! using AT&T Natural Voices.
5. Ownership and Restrictions
The license granted in these TOS does not constitute a transfer or sale of YAKiToMe!’s ownership rights in the YAKiToMe! Database. YAKiToMe! retains all right, title, and interest in and to the YAKiToMe! Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the YAKiToMe! Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the YAKiToMe! Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the YAKiToMe! Database, unless expressly authorized in the TOS.
6. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing YAKiToMe! 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 service provider to locate the material;
Information reasonably sufficient to permit the service provider 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.
All communications with YAKiToMe! regarding copyright infringement are to be submitted using the YAKiToMe! feedback form.
7. Counter-Notice. If you believe that your User Submission 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 content in your User Submission, 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 San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, YAKiTome! may 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 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 the sole discretion of YAKiTome!
8. Children
YAKiToMe!’s policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of YAKiToMe!’s products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to YAKiToMe! that you are at least 13 years old.
9. YAKiToMe! Privacy Policy
Certain registration information and other information about you may be collected by YAKiToMe! and through the Service. YAKiToMe!’s use of this information is governed by the YAKiToMe! Privacy Policy, available at www.yakitome.com
10. User Warranty
You represent and warrant to YAKiToMe!: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to YAKiToMe!, including, but not limited to your Recommendations; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at YAKiToMe!’s then-current rates;
11. Indemnity
You will indemnify and hold YAKiToMe!, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
12. Modifications to Service
YAKiToMe! reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. YAKiToMe! will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
13. Termination
You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with YAKiToMe!. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or YAKiToMe!’s enforcement or application of the TOS; (b) any policy or practice of YAKiToMe!, including the Privacy Policy, or YAKiToMe!’s enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any YAKiToMe! billing methods. YAKiToMe!, in its sole discretion, may terminate your membership and remove and discard any of your Recommendations without notice if YAKiToMe! believes that you have violated or acted inconsistently with the TOS. YAKiToMe! will not be liable to you for termination of your membership to the Service. Sections 8, 9, 10, 12, 13, 14, 18, and 19 will survive the termination of the TOS and your membership.
14. Links
The Service may provide links to third party web sites. YAKiToMe! has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. YAKiToMe! will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
15. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAKITOME! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAKITOME! OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Limitation of Liability
YAKITOME! WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YAKITOME! HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL YAKITOME!’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO YAKITOME! IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Trademark Information
YAKiToMe!, the YAKiToMe! logo, and other YAKiToMe! logos, "Voice of the Web", "Voz del intenet", "Vox internet", products and service names are property of YAKiToMe!. You must not display or use them in any manner.
18. Arbitration
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by YAKiToMe! to collect fees or recover damages for, or obtain an injunction relating to, YAKiToMe!’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Pittsburgh, PA, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or YAKiToMe! may seek any interim or preliminary relief from a court of competent jurisdiction in Pittsburgh, PA necessary to protect the rights or property of you or YAKiToMe! pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
19. General Information
YAKiToMe! may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and YAKiToMe! and governs your use of the Service, superseding any prior agreements between you and YAKiToMe!. You also may be subject to additional terms and conditions that may apply when you use other YAKiToMe! products or services. The TOS and the relationship between you and YAKiToMe! will be governed by the laws of the State of Pennsylvania, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Pittsburgh, PA. The failure of YAKiToMe! to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after the claim or cause of action arose or be forever barred.
1. Acceptance
YAKiToMe! provides its service ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what YAKiToMe! expects of you. YAKiToMe! may amend the TOS at any time by posting an amended TOS on our website.
2. Registration Obligations
Limited access to our Service is provided without registering. For full functionality, you must register for a membership. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or YAKiToMe! has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, YAKiToMe! has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. During the registration process, you will designate a login and password. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify YAKiToMe! of any unauthorized use of your membership or any other breach of security.
3. Subscriptions
As a member of the Service you may enter URLs of news and blog feeds. YAKiToMe! does not pre-screen news feeds, but YAKiToMe! will have the right in their sole discretion to remove any feed that violates the TOS. You understand that the content of each news feed is the sole property and responsibility of the creator of the feed. YAKiToMe! does not control the news feeds and does not guarantee the accuracy, integrity, or quality of the feeds. Additionally, YAKiToMe! does not claim any ownership of the content of the feeds and certain providers of feeds may have specific terms of service associated with their feeds, which you agree to read and accept before accessing them.
4. Prohibited Uses
You agree that you will not: a. impersonate any person, including a YAKiToMe! employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the TOS; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree that you will not publicly post any text or audio that violates the Copyright Protection Act or to which you are not the legal owner. You agree that you will not edit, alter or redistribute audio podcasts made by YAKiToMe! using AT&T Natural Voices.
5. Ownership and Restrictions
The license granted in these TOS does not constitute a transfer or sale of YAKiToMe!’s ownership rights in the YAKiToMe! Database. YAKiToMe! retains all right, title, and interest in and to the YAKiToMe! Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the YAKiToMe! Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the YAKiToMe! Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the YAKiToMe! Database, unless expressly authorized in the TOS.
6. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing YAKiToMe! 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 service provider to locate the material;
Information reasonably sufficient to permit the service provider 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.
All communications with YAKiToMe! regarding copyright infringement are to be submitted using the YAKiToMe! feedback form.
7. Counter-Notice. If you believe that your User Submission 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 content in your User Submission, 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 San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, YAKiTome! may 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 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 the sole discretion of YAKiTome!
8. Children
YAKiToMe!’s policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of YAKiToMe!’s products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to YAKiToMe! that you are at least 13 years old.
9. YAKiToMe! Privacy Policy
Certain registration information and other information about you may be collected by YAKiToMe! and through the Service. YAKiToMe!’s use of this information is governed by the YAKiToMe! Privacy Policy, available at www.yakitome.com
10. User Warranty
You represent and warrant to YAKiToMe!: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to YAKiToMe!, including, but not limited to your Recommendations; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at YAKiToMe!’s then-current rates;
11. Indemnity
You will indemnify and hold YAKiToMe!, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
12. Modifications to Service
YAKiToMe! reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. YAKiToMe! will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
13. Termination
You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with YAKiToMe!. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or YAKiToMe!’s enforcement or application of the TOS; (b) any policy or practice of YAKiToMe!, including the Privacy Policy, or YAKiToMe!’s enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any YAKiToMe! billing methods. YAKiToMe!, in its sole discretion, may terminate your membership and remove and discard any of your Recommendations without notice if YAKiToMe! believes that you have violated or acted inconsistently with the TOS. YAKiToMe! will not be liable to you for termination of your membership to the Service. Sections 8, 9, 10, 12, 13, 14, 18, and 19 will survive the termination of the TOS and your membership.
14. Links
The Service may provide links to third party web sites. YAKiToMe! has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. YAKiToMe! will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
15. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAKITOME! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAKITOME! OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Limitation of Liability
YAKITOME! WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YAKITOME! HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL YAKITOME!’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO YAKITOME! IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Trademark Information
YAKiToMe!, the YAKiToMe! logo, and other YAKiToMe! logos, "Voice of the Web", "Voz del intenet", "Vox internet", products and service names are property of YAKiToMe!. You must not display or use them in any manner.
18. Arbitration
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by YAKiToMe! to collect fees or recover damages for, or obtain an injunction relating to, YAKiToMe!’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Pittsburgh, PA, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or YAKiToMe! may seek any interim or preliminary relief from a court of competent jurisdiction in Pittsburgh, PA necessary to protect the rights or property of you or YAKiToMe! pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
19. General Information
YAKiToMe! may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and YAKiToMe! and governs your use of the Service, superseding any prior agreements between you and YAKiToMe!. You also may be subject to additional terms and conditions that may apply when you use other YAKiToMe! products or services. The TOS and the relationship between you and YAKiToMe! will be governed by the laws of the State of Pennsylvania, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Pittsburgh, PA. The failure of YAKiToMe! to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after the claim or cause of action arose or be forever barred.