Welcome to www.yxi.com (hereafter referred to as "Site"), a service of Y Explorations, Inc. ("YXI").
1. User representations
2. Copyright and trademarks
2.1 Copyright. Y Explorations, Inc., 2005. All rights reserved. The entire content of this Site is copyrighted unless otherwise noted. Nothing contained on this Site may be used in any manner, except as provided in this Agreement, or with the written permission of YXI's legal department. YXI does not warrant or represent that your use of the materials displayed on the Site will not infringe on the rights of third parties not owned by or affiliated with YXI.
2.2 License Grant. In the event you download software from the Site, the software, including any files, images, incorporated in or generated by the software, and data accompanying the software (collectively, the Software), you are granted a non,-transferable license to use the Software.
2.3 Restrictions. YXI does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but YXI retains full and complete title to the Software and all intellectual property rights in it. You may not redistribute, sell, or create derivatives of the Software. Except as otherwise permitted for purposes of interoperability as specified by the European Union Software Directive or local law, you shall not reverse-assemble, reverse-compile, reverse-engineer, de-compile, disassemble, reduce the Software to a readable form, or in any way derive from the Software any source-code information. All Software is subject to the license granted to you at the time of its download. You may not distribute, modify, transmit, reuse, repost, or use the content of the site, including the text, software, images, audio, and video, for any purpose without prior written permission from YXI.
2.4 Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of YXI and its affiliates, and other third-party vendors. YXI will enforce its intellectual property rights to the fullest extent of the law.
3. Content and liability disclaimer
3.1 Liability. Your use of the Site is at your own risk. While YXI strives to include accurate and up-to-date information on the Site, YXI makes no warranties or representations as to its accuracy, nor as to its decency, copyright compliance, or legality. YXI and its affiliates, as well as any other party involved in creating, producing, or delivering the Site, specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site, or any of the forms, documents or agreements contained on the Site. In particular, but without limiting the foregoing, Y Explorations, its affiliates, and any other party involved in creating, producing, or delivering the Site, are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE. Without limiting the foregoing, everything on the Site, including, but not limited to the materials and services, is provided to you
"AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. YXI DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
3.2 No substitute for professional advice. The forms, agreements, and documents within the Site, or available through the Site, may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from state to state.
You assume any, and all responsibilities and obligations with respect to any decisions made or advice given as a result of the use or selection of any information, program, or document obtained from the Site.
3.3 Links. The Site may contain links to third-party Internet sites. The linked sites are not under the control of YXI. YXI is not responsible for the content of any linked site, including, but not limited to, additional links found therein. YXI reserves the right to terminate any link or linking program at any time. YXI does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.
You agree to indemnify YXI and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys' fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users of the Site, and infringement of intellectual property or other rights. YXI will notify you promptly of any claim for which it seeks indemnification. You will be afforded the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to YXI interests, as reasonably determined by YXI.
Any information disclosed in chat rooms, forums, message boards, and news groups becomes public information. We will collect such information as you choose to disclose. Any postings to chat rooms, forums, message boards, contests, or similar information you submit, as well as any computer code, bug fix, or other creative idea you provide, shall be deemed, and shall remain, the property of YXI. YXI shall use such information without restriction as it sees fit throughout the world. Y Explorations, however, will have no liability related to the content of any such information, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
6. Accuracy of information
Information provided on this Site, including information concerning any products or their use, is deemed reliable, but is not guaranteed. You should verify all statements herein. All listings and information are subject to prior sales or changes without prior notice.
7. Copyright complaints
YXI may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who infringe on the copyright of others. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, please notify YXI by providing our copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
a. A description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work;
b. A description of where on the Site the material that you claim is infringing is located, reasonably sufficient to permit YXI to locate the material;
c. Your address, telephone number, and email address;
d. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
e. A statement from you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or you are authorized to act on the copyright owner's behalf.
You can reach the YXI agent for notice of claims of copyright infringement on this Site at:
Y Explorations, Inc.
2635 N. 1st Ave, Suite 217
San Jose, CA 95134
8. Applicable law
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, you represent that you are not in a country where such export is prohibited and that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of specially-designated Nationals.
If you elect to register and obtain a password, you represent and warrant that you will not transfer your password, as it is not transferable.
11.3 All rights reserved. All rights not expressly granted to you in this Agreement are reserved to YXI.
11.4 Compliance with local laws. You are responsible for compliance with the laws of your local jurisdiction.
11.5 Severability. If any portion of this Agreement is determined to be invalid or unenforceable, all other terms of the Agreement will remain valid and enforceable.
11.6 No Waiver. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right of that party to enforce such provision or any other provision.