Welcome to Yellow Arrow.
Use of the Website
Yellow Arrow WEBSITE IS NOT INTENDED FOR CHILDREN AND YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE IF YOU ARE UNDER THE AGE OF 18 OR HAVE BEEN SUSPENDED OR REMOVED FROM Yellow Arrow WEBSITE BY Yellow Arrow FOR ANY REASON.
Use of Yellow Arrow Website shall be at the sole and absolute discretion of Yellow Arrow. In order to register with Yellow Arrow, you must enter all of the requested information, including, but not limited to, your accurate and viable telephone number. We will inform registrants of new benefits and features, advise registrants of urgent problems, and from time to time to present special opportunities on the Website. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS messages or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. We reserve the sole and absolute discretion and right to cancel any person's registration and to remove any images, content or materials related to such person without notice or cause. We expressly reserve the right to remove any content or images, including those which we believe in our sole and absolute discretion are infringing of intellectual property rights, harassing, abusive, fraudulent, obscene, contains viruses, unlawful, discriminatory, inappropriate, offensive, defamatory, damaging, inflammatory, or otherwise objectionable (the "Prohibited Categories of Content"). You understand and agree not to upload or post on Yellow Arrow Website, or in connection with any Yellow Arrow Event, product or service, any of the Prohibited Categories of Content.
Yellow Arrow is not responsible for any loss of data and/or files resulting from suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason, nor is it required to return any data.
Your use of SMS messages may be outside your calling plan and subject you to an additional fee. Contact your cell phone service provider to determine the cost to you, if any. It is your obligation to pay these charges, if any.
Permitted Use As a registered Website user you may: a. Participate in Yellow Arrow; b. Access the Website and Yellow Arrow database; c. Receive Yellow Arrow messages to your phone; d. Comment on Yellow Arrow content via SMS, or the comment function on the Website; e. View all Yellow Arrow Galleries; f. Post content, images, comments and/or text on this Website; g. Participate in any Yellow Arrow Events as specified below; h. Purchase Yellow Arrow stickers or other merchandise on this Website
Restrictions on Use Notwithstanding the foregoing, you may not: a. provide your Website password to or share it with others in any systematic basis for use by others, or post your user name and password on any website or intranet so that others may learn it and use it, or in any other way use Your password as a means to circumvent the need for others to become authorized users in their own name. THIS IS NOT A WEBSITE LICENSE. b. modify, decompile, create derivative work(s) of, disassemble, retransmit, resell, distribute, compile, broadcast, sublicense, mirror, frame, rent, or otherwise use in any manner not expressly permitted herein, the Website or any of its content (please see m below); c. use robots or spiders or other automated device or manual process to monitor or gather any data from the Website or its users; d. create derivative works, commercial materials or educational materials using any of the Website content without the prior written permission of Counts Media, Inc. (please see m below); e. place a link to the internal pages of any password-protected portions of the Website on any Web site, intranet, or extranet without the prior written permission of Counts Media, Inc.; f. use the Website in violation of applicable local, state, national, and international laws, rules, and regulations; g. use the Website, or service to upload, transmit or otherwise distribute any content that is a Prohibited Categories of Content or is otherwise objectionable as reasonably determined by Counts Media, Inc.; h. create multiple user accounts or create user accounts by automated means or under false or fraudulent pretenses; i. use the Website in connection with illegal peer-to-peer file sharing; j. intentionally distribute harmful code through or from the Website, or engage in a denial of service attack on the Website or its users; k. use the Website for any fraudulent or inappropriate purpose, including hoaxes; l. generate or facilitate unsolicited commercial e-mail ("spam"), including in violation of the CAN-SPAM Act or any other applicable anti-spam law; or create false accounts for the purpose of sending spam; or mine the Website to find e-mail addresses or other user data. m. Regarding subsections (b) and (d) above, Counts Media, Inc. may, in its sole discretion, grant you permission to develop derivative works, educational materials or modify Yellow Arrow Website content on a case-by-case basis. Counts Media, Inc. invites You to contact us as provided below if you have any questions or concerns about your use of the Website content. Violation of any of the foregoing may result in immediate termination of Your right to use the Websites and may subject You (and your employer if You are accessing the Website on behalf of an organization) to civil and criminal penalties and damages. Counts Media, Inc. reserves the right, but shall have no obligation, to investigate your use of the Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
Yellow Arrow does not guarantee or warrant the quality, content, or continued availability for viewing or downloading of any content, images and/or text posted on this Website. Yellow Arrow disclaims all responsibility for the accuracy of information provided by users of Yellow Arrow Website or Yellow Arrow.
The images and text displayed on Yellow Arrow Website do not necessarily represent and should not be considered as the views of Yellow Arrow. You may not post: (a) images containing nudity, including unclothed children regardless of age; (b) images containing pornographic, sexual or obscene material; (c) images containing offensive or racist material; (d) images not owned by You; (e) images taken in dressing rooms, hospitals, medical facilities, homes or other private locations where the subject(s) of the image does not appear to know the image is being recorded; (f) images containing copyrighted material not owned by you, such as images taken of movies, concerts, works of art, etc.; (g) images of driver's licenses, credit cards, or other personal financial information; (h) images depicting, promoting and/or inciting violence; (i) images depicting, promoting or providing instruction regarding illegal activities; (j) images depicting, promoting or inciting cruelty to animals; and (k) images infringing on another's right of publicity.
You may not post images which are taken without the consent of the subjects thereof and which, because of the circumstances surrounding recording of the image, may be considered an invasion of privacy according to the laws of the United States and/or the jurisdiction in which the image was recorded. If an image of you appears on Yellow Arrow Website which you believe invades your rights of privacy, we encourage you to contact us at firstname.lastname@example.org. Information you provide during this process may be shared with the member posting the material complained of and/or in any legal proceedings.
Yellow Arrow Website, products, services and Events and any images and comments on this Yellow Arrow Website are intended for personal use only and may not be used except by Counts Media, Inc. for commercial purposes. You understand and acknowledge that by uploading or posting to Yellow Arrow Website all content, including without limitation, photographs, images, text, writing and music you are granting to Yellow Arrow and Counts Media, Inc. a royalty- free, perpetual, sublicensable, irrevocable license to use such content as it sees fit, worldwide in all media. You understand and consent that Yellow Arrow may use the content at our sole discretion for all purposes, including commercial and non-commercial uses. Furthermore, to extent permitted by law, you waive any moral rights or "droit morale" associated with such content and understand that Yellow Arrow has the right to reformat, excerpt, or translate any materials you upload, post or submit.
PRODUCTS & SERVICES
International Use You shall comply with all applicable domestic and international laws, statutes and regulations regarding your use of Yellow Arrow Website, products, service and Events. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content.
No Use as Graffiti Your use of Yellow Arrow products and services is at your sole discretion. We do not encourage or endorse the use of Yellow Arrow stickers as graffiti and/or for the destruction of marking of public property or the marking of private property without the express permission of the property owner. By using this Website and purchasing, accepting any/or using any Yellow Arrow products or services, you release Yellow Arrow, Counts Media, Inc. and its parents, subsidiaries, affiliates, officers, agents, and other partners and employees from any and all liability in connection with your use. You understand that acts of graffiti are illegal and the penalties for committing acts of graffiti may be severe and could possibly include arrest, fines and other punishments.
Yellow Arrow EVENTS
Your participation in events held in connection with Yellow Arrow ("Events") is at the sole discretion of Yellow Arrow and we may refuse admittance or ask you to leave an Event at any time for any reason. You understand that in connection with your participation in Yellow Arrow Events, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in activities such as the Events you elect to participate in and cannot be eliminated without destroying the unique character of Yellow Arrow. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death ("Injuries and Damages") from exposure to the hazards of public outings and activities, and Yellow Arrow has not tried to contradict or minimize your understanding of these risks. You understand that Injuries and Damages can occur by natural causes or activities of other persons or third parities, either as a result of negligence or because of other reasons.
You understand and intend that this assumption of risk is binding upon your heirs, executors, agents, administrators and assigns, and includes any minors and/or guests accompanying you at Yellow Arrow Events. Yellow Arrow, along with certain permitted third parties including, without limitation, representatives of the television, radio, print and online media, may photograph and/or make audio/video recordings of any of the Events. By attending and participating in any Event, you agree to permit the taking of any such photographs and to be recorded in both audio and video media. You also irrevocably authorize and grant a royalty- free, perpetual, irrevocable license to Yellow Arrow, its agents, parents, representatives, successors and assigns to use in perpetuity, throughout the world, in any manner whatsoever, all or any portion of photographs and audio/video recordings in which you appear, and any comments, statements or testimonials made by you, while attending an Event. Such photographs may be used by Yellow Arrow, its agents, representatives, successors and/or assigns for any legal purpose including, without limitation, marketing and advertising of Events or services, or for editorial purposes. You shall not be entitled to the payment of any fee in connection with the use and exploitation of any photographs or audio/video recordings. You irrevocably release Yellow Arrow, and Counts Media, Inc. and its principals, parents, employees, agents, representatives, successors and assigns from and against any and all claims, suits, liabilities, or damages which you may have in connection with your attendance and/or participation in any Event and the exploitation of photographs and/or audio/video recordings in any manner or format.
Disclaimer of Warranties
You understand and agree that Yellow Arrow Website is provided on an "as is" and "as available" basis and that Yellow Arrow does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. Yellow Arrow assumes no responsibility for the accuracy or existence of any communications between users.
Limitation of Liability
You understand and agree that Yellow Arrow shall not be liable to you, in contract or otherwise including in tort (including, without limitation, for negligence) in connection with Yellow Arrow Website, service, products or Events, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, reputation, use, data or other intangible losses (even if Yellow Arrow has been advised of the possibility of such damages) in connection with your use of Yellow Arrow Website, products, services and Events, whether or not such damages are foreseeable. Except in relation to liability for death or personal injury directly caused by our gross negligence or for fraudulent misrepresentation in no event will Yellow Arrow's total cumulative damages liability exceed $250.
Although we have made all reasonable efforts to ensure that Yellow Arrow Website is free from viruses and other damaging components, we do not expressly guarantee this.
You agree to indemnify and otherwise hold harmless Yellow Arrow, and Counts Media, Inc. and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, liabilities, actions, claims, demands or costs resulting from your use of Yellow Arrow Website, service, products or Events or any breach by you of our Terms and Conditions.
Yellow Arrow, Yellow Arrow logo, and other Yellow Arrow logos and names are trademarks of Counts Media, Inc. You agree not to display or use these trademarks in any manner without Counts Media, Inc.'s prior, written permission. All intellectual property rights subsisting in the Website and its content, is either owned by Yellow Arrow or licensed to us. You may not reproduce any materials without our express prior written consent or attempt to do anything which infringes such intellectual property rights licensed to us by a third party.
Notification of Copyright Infringement
Counts Media, Inc. will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on a Yellow Arrow Website, please notify Counts Media, Inc. as follows. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below ("Notice"), and must include substantially all of the following:
-a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
-a description of the copyrighted work(s) that you claim to have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed;
-a description of where the claimed infringing work is located on the Website and and information reasonably sufficient to permit Counts Media, Inc. to locate the material;
-information sufficient to permit Counts Media, Inc. to contact you, such as your physical address, telephone number, and email address;
-a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
-a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
Such notices should be sent to Counts Media, Inc.'s designate agent: Lindsay Cook at email@example.com.
This Agreement and your use of the Website shall be governed by the laws of New York and you hereby agree to the exclusive jurisdiction of the courts of New York for resolution of any disputes arising from or related in any way to your use of the Website, this Agreement and/or the images and/or content contained herein. If any provision of this Agreement is held to be unenforceable, such provision shall be severed and the remaining provisions enforced.
Please contact us with any questions regarding these Terms and Conditions at firstname.lastname@example.org. Yellow Arrow, c/o Counts Media, 307 W. 38th Street, Suite 1815, New York, NY 10018 USA.
Submissions Certain parts of the Website may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, these Terms and Conditions shall govern your legal rights with respect to those Submissions. The Submissions shall be deemed the property of Counts Media, Inc. Counts Media, Inc. shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Counts Media, Inc. will not be treated as confidential and Counts Media, Inc. shall not be liable for any disclosure of the Submissions. This policy is in place and necessary to avoid misunderstandings when projects developed by Counts Media Inc. might seem to others to be similar to their own creative work.
Last modified April, 2006 Version 1.0