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.