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Terms Of Use

These Terms of Use apply to the use of the Site by its customers, visitors and users of the Site (you, your), including the products, services, Content (as defined below), tools, and information on the Site. By using or accessing the Site, you agree to these Terms of Use.

We may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Site, by publishing the varied Terms of Use on the Site. We will indicate on the Site that these Terms of Use have changed. You accept that by doing this, we will have provided you with sufficient notice of the variation to the Terms of Use. However, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use. By using the Site after any variation to these Terms of Use, you have indicated your acceptance of the then current Terms of Use.

1. Use of the Site

The Site is open to be used by general users as an online utility to find important nearby places in the world, read and write reviews for venues, add new places to the site’s database and maintain friends’ network. The Site may also be used commercially by businesses as a robust online platform to promote their brand/product/service. (For commercial terms of use see YaDig Business Page Agreement) YaDig.com is not provided for any other purposes. Unless otherwise specified, as a general user you alone are solely responsible for determining whether any product or service is appropriate or suitable for your requirements.

2. No Warranties

We do not warrant that the Site will meet your needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses. We do not warrant that the information obtained from the Site will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through your use of the Site will meet your expectations. All warranties implied by law, except those that cannot be lawfully excluded, are excluded.

3. Third Party Companies, Goods, Products and Material

3.1 The Site may contain information about businesses or links to websites which are owned or operated by third parties independent of us (Third Party Companies) or material (including services, products, information, graphics or data) in relation to such Third Party Companies (Third Party Material). We make no representations or endorsements in relation to any Third Party Companies or Third Party Material, and we are not responsible or liable for the same. Your use of Third Party Companies and Third Party Material is entirely at your own risk.

3.2 The Site may contain or link to information about special offers, deals or promotions by persons not related to or part of our company (Third Party Offers). The inclusion of any Third Party Offer on the Site does not imply any sponsorship, endorsement, or approval of any Third Party Offers, or Third Party Material associated with these offers.

3.3 Subject to any applicable law which cannot be excluded, we make no warranties or representations whatsoever:

(a) regarding the quality, accuracy, merchantability or fitness for purpose of any Third Party Material, or products or services available through Third Party Companies; or

(b) that Third Party Material does not infringe the intellectual property rights of any person.

We are not, by providing links on the Site to Third Party Material, approving, verifying or authorising in any way the reproduction of Third Party Material.

4. Prohibited Uses

Because all servers have limited capacity and are used by many people, you must not use the Site in any manner that could damage or overburden any of our servers, or any network connected to any of our servers. You must not use the Site in any manner that would interfere with any other party’s use of the Site.

5. Means of Access

5.1 The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 640 by 480 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods.

5.2 You use the Site entirely at your own risk.

5.3 You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.

5.4 Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.

6. Eligibility and Registration

6.1 In order to access the Site, you must satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar).

6.2 Any minor accessing the Site must have permission from their parent or guardian to do so.

6.3 In order to make use of certain parts of the Site, you will need to register a YaDig.com account. In order to register a YaDig.com account, you must: (a) satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar); (b) provide us with complete and accurate registration information; (c) ensure your use of the Site is in accordance with these Terms of Use and any applicable laws; and (d) select a username and password (Log-In Details).

6.4 By registering a YaDig.com account with us you warrant that: (a) you meet the minimum age requirement; (b) you have given complete and accurate registration information, and will keep that information updated; and (c) your use of the Site does not violate these Terms of Use or breach any applicable laws. You may cancel your YaDig.com account at any time by notifying us. We may terminate your YaDig.com account for any or no reason, at any time, with or without notice and without incurring any liability, however that liability may arise.

6.5 In order to use the Site and your YaDig.com account, you will require access to the Internet. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the Internet (including a computer and modem or other access device).

7. Password Security and Notification

You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Site and your YaDig.com account. Accordingly, you must take steps to protect the confidentiality of your Log-In Details. You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your Log-In Details.

8. User Generated Content

8.1 By submitting any message, data, information, text, music, sound, photos, graphics, code or any other material (Content) to this Site by electronic mail, postings on this Site or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (Submissions), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You also grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that all such Submissions are non-confidential and non-proprietary. You agree do all things and execute all documents required to allow us to take full advantage of the rights granted to us by this clause.

8.2 The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews, comments or other Content, messages, materials or other items on the Site (Interactive Areas). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and all use of them is at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any:

(a) Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b) Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;

(c) Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;

(d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;

(e) unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

(f) private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(g) viruses, corrupted data or other harmful, disruptive or destructive files;

(h) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

(i) Content or links to Content that, in our sole judgement, either (a) violates any of the above; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site; or (d) exposes (or may expose) us, any of our affiliates, or other users of the Site to any harm or liability of any type.

8.3 We take no responsibility and assume no liability for any Content posted, stored or uploaded onto the Interactive Areas by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Interactive Areas. As a provider of interactive services, we are not liable for any statements, representations or Content provided by users of the Site in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we may, in our absolute discretion, remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

8.4 If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our affiliates, licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us and our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.

8.5 Your use of the Interactive Areas or other parts of the Site in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect other users of the Site, our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Our right to disclose any such information shall take precedence over any terms of our Privacy Policy.

9. Tools, Calculators, Games and Other Features

9.1 The Site may contain or make available various tools, software programs, games or other features.

9.2 Whilst we have undertaken reasonable steps to ensure that any such features or information as described above are accurate and free from defect, to the extent permitted by law, we do not warrant the availability, accuracy, adequacy, correctness or completeness of these features. These features are provided on an “as is” basis.

10. Limitation of Liability

10.1 Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, Third Party Material, Third Party Offers, third party services, or to access to the Site by you, however caused, whether in contract, tort (including negligence), statute or otherwise.

10.2 We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, Royal demise or action of government.

11. Indemnity

You indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Terms of Use. Where you use the Site inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such actions.

12. Availability of the Site

12.1 As electronic services are subject to interruption or breakdown, access to the Site is offered on an “as is” and “as available” basis only.

12.2 We may impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw the Site at any time and without notice to you.

13. Restrictions on Use of the Site

You agree that you will not (either yourself or through any third party):

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Site, or any of the information, Content or data contained within or accessible through the Site, without our prior written permission;

(b) use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Site with information, Content or data accessible via or sourced from any third party;

(c) use any information on or accessed through the Site for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;

(d) use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Site;

(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or

(g) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Site without our prior written permission.

14. Third Party Providers to Us

Parts of the Site, including the provision of payment processing or other services offered via the Site, may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use.

15. Privacy

Your privacy and security is very important to us. Certain data items are collected and used by the Site in order to provide your YaDig.com account and other online services. The Site will record and track the use you make of the Site. The use of this data is subject to our Privacy Policy. The Privacy Policy is deemed to be part of these Terms of Use and you must read it in full. If you do not indicate your acceptance of the terms of the Privacy Policy, you may not use the Site.

16. Mobile

16.1 Although our mobile services are provided for free, your telecommunication company's normal rates and fees (including charges for data and SMS) will still apply.

16.2 If your mobile telephone number is changed or cancelled, you agree to amend your YaDig.com account as soon as possible.

16.3 You warrant that the rights to the Content that you have provided us are all those necessary to enable other users of the Site to access data on the Site as contemplated by these Terms of Use.

17. Copyright and Trademarks

17.1 All intellectual property rights, including copyright in all Content on the Site, are owned by us or by our licensors.

17.2 The “YaDig” trade mark is the sole property of us or our licensors. Third party trade marks are trade marks of the respective third parties.

17.3 Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted under the applicable laws, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.

18. Termination

18.1 Your YaDig.com account may be suspended and your access to the Site may be terminated at any time by us without notice to you. However, all restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Site.

18.2 In particular but without limitation, any breaches of clauses 8.2 or 13 may result in the immediate suspension of your account.

19. General

19.1 The law applicable to the Site and to disputes arising out of the Site is the law of England. You irrevocably submit to the exclusive jurisdiction of the courts of England, and appeal there from.

19.2 We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.

19.3 If any clause or part of any clause of these Terms of Use be found to be void, unenforceable or invalid, then it will be severed from these Terms of Use, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms of Use.

19.4 You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.