Terms of Service
Last updated on November 24, 2015.
Welcome to the Yocale Network Corporation website, located at www.yocale.com (“Website”). Please read these terms and conditions carefully before using this Website.
This Website is offered to you by Yocale Network Corporation (“Yocale”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions, and notices.
Except to the extent otherwise set forth herein, these Terms do not provide you with a license to or any other rights to any products or services of Yocale.
Yocale reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms. Your use of this Website after such changes have been posted will constitute your agreement to the modified Terms.
1. Ability to Enter Into These Terms
In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms, and able to abide by and comply with these Terms. If you accept these Terms, you represent that you have the capacity to be bound by them.
2. The Services
Yocale provides a service that allows users who have created an account (“Members”) to: (i) search and find businesses and providers in their local communities who may be subscribers of the Yocale services; (ii) engage with, schedule appointments with, and rate, review, and rank the business or providers, and certain other services provided through the Website (the “Services”).
To access the Services, you must become a Member and create a Yocale account by either: (i) providing your user name, password, and valid email address; or (ii) providing us with access to your account credentials of your third party sharing applications (i.e., Facebook).
You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Yocale immediately of any breach of security or unauthorized use of your account.
Yocale will not be liable for your losses caused by any unauthorized use of your account. If you deactivate your account, Yocale will permanently delete all of your Member content within 90 days of deactivation. For clarity, Yocale will not be able to delete any of your Member content that is shared with other Members or by you through any third party sharing application.
4. Permitted Use
Yocale grants you a limited, revocable, and non-exclusive license to access and make personal use of this Website and access the services, but not to download the Website (other than page caching) or modify it, or any portion of it, except with express written consent of Yocale or express authorization on the Website. This license does not include any resale or commercial use of this Website or its contents.
The following activities are also specifically prohibited:
- Any collection and use of any service information, listings, descriptions, prices, or any other materials made available on the Website.
- Any derivative use of this Website or its contents.
- Any downloading or copying of account information.
- Any use of data mining, robots, or similar data gathering and extraction tools.
No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Website as long as the link does not portray Yocale, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Yocale logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Member Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged, or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. Certain features of the Website may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to Yocale that you have the consent of all recipients to send such communications.
If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Website, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Yocale employee, host, or representative, or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
6. Intellectual Property
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by Yocale, its licensors or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Yocale’s company name, the terms “Yocale”, the Yocale logo and all related names, logos, product, and service names, designs and slogans are trademarks of Yocale or its affiliates or licensors. You must not use such marks without the prior written permission of Yocale. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners. All of the aforesaid rights are retained by Yocale and its affiliates or licensors.
7. Member Submissions
All remarks, ratings, recommendations, feedback, suggestions, or other information communicated, transmitted, submitted, or posted by you through or in connection with the Website (each a “Submission”) will be licensed to Yocale in accordance with and otherwise subject to these Terms. Any Submission you communicate, transmit, submit or post through or in connection with the Website will be considered non-confidential and non-proprietary, and Yocale will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Yocale operations, products, services, or materials. You hereby grant to Yocale a perpetual, unlimited, irrevocable license to use, copy, distribute, modify, and disclose to third parties each such Submission for any purpose, and you hereby waive all moral rights and other similar rights to each such Submission. You acknowledge and agree that Yocale will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person. All Submissions must comply with the content standards set out in these Terms. You represent and warrant that you own or control all rights in and to each such Submission and have sufficient rights and authority to grant to Yocale the rights to each such Submission granted under these Terms. You represent and warrant that all of your Submissions do and will comply with these Terms, and you agree to defend, indemnify, and hold harmless Yocale and its affiliates and licensors for any breach of that representation and warranty.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Yocale, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content and/or opinions uploaded, expressed, or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Yocale, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Yocale. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
8. Personal Information Submitted Through the Website
Your submission of personal information to us is governed by our Privacy and Policy located at www.yocale.com/privacy. The Privacy Polity is incorporated by reference into these Terms and these Terms are incorporated by reference in the Privacy Terms.
We may run contests from time to time through the Website. All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules, as well as the terms set out in these Terms.
10. Third-Party Terms
This Website may contain hyperlinks to websites which are not maintained by Yocale. Hyperlinks to other websites are provided as a convenience. Use of the hyperlinks and access to such websites are entirely at your own risk. Yocale is not responsible for the contents of those websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to those websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or the activities of the people, organizations, and/or businesses responsible for those websites.
11. Google Maps API
The Member acknowledges that the features and functionality of the Website use Google Maps API Implementation. By using the Website you acknowledge and agree that you are bound by Google’s Term of Use found at https://developers.google.com/maps/terms?hl=en.
12. Account Termination
Yocale may ban you from accessing the Services and/or terminate your Member account at any time if in Yocale’s opinion, these Terms have been infringed by you.
13. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Yocale’s Copyright Compliance Officer 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 email address.
- 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.
- 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.
Yocale’s designated contact to receive notifications of claimed infringement is the Copyright Compliance Officer of Yocale 103 – 850 Harbourside Drive, North Vancouver, BC, Canada V7P 0A3; phone no: 1-855-9-YOCALE (962253); email: email@example.com. For clarity, only DMCA notices should go to the Copyright Compliance Officer. Any other feedback, comments, requests, for technical support, and other communications should be directed to Yocale customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your content 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, you may send a counter-notice containing the following information to Yocale’s Copyright Compliance Officer:
- 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 access to it was disabled.
- A statement under penalty of perjury that you have a good faith believe that the content was removed or disabled as a result of mistake or a misidentification of the content.
- Your name, address, and telephone number (and, if available, email address) and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is located outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by Yocale’s Copyright Compliance Officer, Yocale 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, 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 Yocale’s sole discretion.
THIS WEBSITE, THE SERVICES AND THE MATERIALS, INFORMATION, AND CONTENT IN OR OFFERED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, SERVICES, INFORMATION, RECOMMENDATIONS, RANKINGS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) YOCALE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES AND CONDITIONS ON THE PART OF YOCALE ARE EXPRESSLY DISCLAIMED; (C) YOCALE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) YOCALE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR INFORMATION IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
Yocale makes no representation that materials in the Website are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. Yocale may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction it chooses, at any time and in its sole discretion.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL YOCALE OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOCALE (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.
YOU ALSO AGREE THAT YOCALE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE, OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
You agree to indemnify, defend, and hold harmless Yocale and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
17. Applicable Laws
These Terms and your use of this Website and the Services shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of law’s provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or the Website, provided always that Yocale may seek and obtain injunctive relief in any jurisdiction.
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Yocale’s right to require strict observance of each of the terms herein. The terms and conditions of these Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. Yocale may assign its rights and obligations under these Terms. These Terms will enure to the benefit of Yocale’s successors, assigns, and licensees.
Copyright (©) 2015 Yocale Network Corporation. All rights reserved.