General
This youthyack.com
web service (the "Service") is owned and operated by youthyack.com, a division of Desert Lend A Hand and The Desert Sun Publishing Co. and contains material which is derived in whole or in part from The
Desert Sun and other sources. The Service
and its contents are protected by international copyright, trademark and other
intellectual property laws. You may not
modify, copy, reproduce, republish, upload, post, transmit or distribute in any
way any material from the Service, including code and software. You may download material from the Service
for your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
As part of our
Service, youthyack.com agrees to provide you with information and
other computer services subject to these Terms of Service. You agree to use our service in accordance
with these Terms. Because the Web is an
evolving medium, we may need to change these Terms of Service from time to
time, in which case we will post the revised Terms of Service on the
website. By continuing to use the
Service after we post any such changes, you accept the Terms of Service, as
modified.
You may establish a
hypertext link to this Service so long as the link does not state or imply any
sponsorship of your site by youthyack.com. However, you may not, without the prior written permission of youthyack.com,
frame any of the content of the Service, or incorporate into another website or
other service any intellectual property of youthyack.com,
its parent or affiliate companies or its licensors.
License to youthyack.com
When you post a
message, upload a file, or otherwise provide us with material for display on the
website, you are representing that you are the owner of the material, or are
making your submission with the express consent of the owner of the
material. In addition, when you post a
message, upload a file, or otherwise provide us with material for display on
the website, you are granting youthyack.com a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy,
sublicense, adapt, transmit, publicly perform or display any such
communication.
2. Sublicense to
third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the communication.
The foregoing
grants shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction.
Privacy
We may collect and store information, personal or
otherwise, that users voluntarily supply to us. We also collect and store information that is generated automatically
as users navigate through our website.
Unless the user informs us otherwise, youthyack.com reserves
the right to use and to disclose to third party vendors user information (e.g.,
user name and e-mail address) for purposes such as providing users with
information about products and services.
If the user does not wish to be included in such uses, the user must
send an e-mail or a letter requesting to be taken off any lists of information
that may be used for these purposes or given or sold to third party
vendors.
In addition,
please keep in mind that whenever you voluntarily disclose personal information
online, for example on message boards, through email, or in chat areas, that
information can be collected and used by others.
We use "cookies" in a limited way to help
deliver advertisements and to identify unique browsers that visit us and to
track usage throughout our site. Some
of our business affiliates and advertisers use cookies, which can be used to
tell when your computer has contacted a Web site. Because we do not control the privacy policies of our business
affiliates, advertisers or any other sites to which we may provide hyperlinks,
you should check the privacy policy of the site you are visiting if you have
any concerns about that site’s use of cookies.
We also make some content, products and services
available through our Service through cooperative relationships with third
party providers, where the brands of our provider partner appear prominently on
our site. We may share with our
provider partner any information you provide, or that is collected, in the
course of visiting any pages that are made available in cooperation with our
provider partner. In some cases, the
provider partner may collect information from you directly, in which cases the
privacy policy of our provider partner may apply. The privacy policy of our provider partners may differ from
ours. If you have any questions regarding
the privacy policy of one of our provider partners, you should contact the provider
directly for more information. In
addition, we also participate in online ventures with our affiliated companies
and the services brought to you through those ventures may be subject to
privacy policies that differ from ours.
For instance, the USA TODAY Careers Network is a venture with
USATODAY.com and our affiliated stations, and is subject to the Privacy Policy
and Terms of Service that are posted on the pages of that service.
Please also note that as our business grows, we may buy
or sell various assets. In the unlikely
event that we, the bulk of our assets or one or more of our sites is acquired
by another company, information on our users would be among the transferred
assets.
Children’s Privacy Statement for youthyack.com
This children’s privacy statement
explains our practices with respect to the online collection and use of
personal information from children under the age of thirteen, and provides
important information on your rights under federal law with respect to such
information.
We do NOT knowingly collect personally identifiable
information from children under the age of thirteen. We screen users who wish to provide personal information in order
to prevent users under the age of thirteen from providing such
information. If we become aware that we
have inadvertently received personally-identifiable information from a user
under the age of thirteen, we will delete such information from our
records. If we change our practices in
the future, we will obtain prior, verifiable parental consent before collecting
any personally identifiable information from children under the age of
thirteen.
Because we do not collect any personally identifiable
information from children under the age of thirteen, we also do NOT knowingly
distribute such information to third parties.
We do NOT knowingly allow children under the age of
thirteen to publicly post or otherwise distribute personally identifiable
contact information.
Because we do not collect any personally identifiable information
from children under the age of thirteen, we do NOT condition the participation
in online activities of a child under thirteen on providing personally
identifiable information.
Questions on Privacy
If
you have any questions about the children’s privacy statement, the practices of
youthyack.com, or your dealings
with youthyack.com, you can
contact:
Lori Edwards
The Desert Sun Publishing Co.
P.O. Box 2734
Palm Springs, CA 92263
administration@youthyack.com
(760) 778-4760
Disclaimers
This Service includes links and pointers to Internet
sites, content and services provided by third parties. Neither youthyack.com, its parent or
subsidiary companies nor their affiliates operate or control in any respect any
information, products or services that third parties may provide on or through youthyack.com or on a website linked
to by youthyack.com. The
materials in this site and the third-party sites are provided “as is” and
without warranties of any kind either express or implied. To the fullest extent permissible pursuant
to applicable law, youthyack.com
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose. youthyack.com does not warrant that this website or any of its
functions will be uninterrupted or error-free, that defects will be corrected,
or that this site, including bulletin boards, or the servers that make it
available, are free of viruses or other harmful components.
youthyack.com does not warrant or make any
representations regarding the use or the results of the use of the materials in
this site or in third-party sites in terms of their correctness, accuracy, timeliness,
reliability or otherwise. You (and not youthyack.com) assume the
entire cost of all necessary maintenance, repair or correction.
The Service is provided for
informational purposes only, and is not intended for trading or investing
purposes, or for commercial use. Stock
and mutual fund quotes, and related financial news stories may be delayed at
least 20 minutes, as may be required by the stock exchanges and/or the
financial information services. The
Service should not be used in any high risk activities where damage or injury
to persons, property, environment, finances or business may result if an error
occurs. You expressly assume all risk
for such use.
Online Commerce
In addition, youthyack.com may allow you to purchase
many different types of products and services online that are provided by third
parties. youthyack.com is not
responsible for the quality, accuracy, timeliness, reliability or any other
aspect of these products and services. If you make a purchase from a merchant
hosted by youthyack.com or linked to by youthyack.com the
information obtained during your visit to that merchant’s online store, and the
information that you give, such as your credit card number and contact
information, is collected by the merchant and not by youthyack.com.
These merchants may have separate privacy and data collection practices. youthyack.com
has no responsibility or liability for these independent policies. For more information regarding the merchant,
its online store, and its privacy policies, return to that store's home page
and click on its information links or contact the merchant website
directly. You release youthyack.com
and its affiliates from any damages that you incur, and agree not to assert any
claims against them, arising from your purchase or use of any products or
services made available by third parties through youthyack.com.
Use of Company Directories
The
information contained in the Company Directories is provided for business lookup
purposes and is not to be used for marketing or telemarketing
applications. This information may not
be copied or redistributed and is provided "AS IS" without warranty
of any kind. In no event will youthyack.com or its suppliers be
liable in any way with regard to such Information.
Interactive Features
The Service may include a
variety of features, such as bulletin boards, chat rooms, and email services
which allow feedback to youthyack.com and real-time interaction
between users. Responsibility for what is posted on bulletin boards, chat rooms
and other public posting areas on the Service lies with each user – you alone
are responsible for the material you post.
youthyack.com does not control the messages, information or
files delivered to bulletin boards. It
is a condition of your use of the Service that you do not:
- Restrict or inhibit any other user from using and
enjoying the Service.
- Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law.
- Post or transmit any information, software or other
material that violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or that is
protected by copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the owner
or right holder.
- Post or transmit any information, software or other
material that contains a virus or other harmful component.
- Post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
- Use the Service to advertise or solicit to anyone to
buy or sell products or services, or to make donations of any kind, without the
express written approval of youthyack.com.
- Gather for the purpose of spamming e-mail addresses
that have been posted by other users of the Service.
You understand that youthyack.com has no
obligation to monitor any bulletin boards, chat rooms, or other areas of the
Service through which users can supply information or material. However, youthyack.com reserves
the right at all times to disclose any information as necessary to satisfy any
law, regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in youthyack.com’s
sole discretion are objectionable or in violation of these Terms of Service.
Registration
To use certain features of the
Service, you must register with youthyack.com on the form
provided. You agree (a) to provide
true, accurate, current and complete information about yourself as prompted by
the Service's registration form, and (b) to maintain and promptly update the
information you provide to keep it true, accurate, current and complete. If youthyack.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying
information you provide to us as part of the registration process is governed
by the terms of our Privacy Policy.
Passwords
To use certain features of the
Service, you may need a username and password, which you will receive through
the Service's registration process. You
are responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities that occur under your password
or account. You agree to notify us
immediately of any unauthorized use of your password or account or any other
breach of security, and to ensure that you exit from your account at the end of
each session. youthyack.com
cannot and will not be liable for any loss or damage arising from your failure
to protect your password or account information.
Classified Advertising
When you submit a classified ad for publication on youthyack.com,
you agree that the advertisement as it appears on youthyack.com becomes the property of youthyack.com and you assign all ownership interest in the
advertisement as it appears on youthyack.com
under copyright law or otherwise to youthyack.com. Submission of an advertisement does not
constitute a commitment to publish the advertisement, and publication of an
advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations
and required proper punctuation. youthyack.com reserves the right to
edit, reclassify, revise, reject or cancel any advertisement at any time, in
its sole discretion. Rates and
specifications are subject to change.
Limitation of Liability
Under no circumstances, including, but not limited to,
negligence, shall youthyack.com,
its subsidiary and parent companies or affiliates be liable for any direct,
indirect, incidental, special or consequential damages that result from the use
of, or the inability to use, youthyack.com
materials, products or services, or third party materials, products or services
made available through youthyack.com
even if youthyack.com is advised
beforehand of the possibility of such damages.
(Because some states do not allow the exclusion or limitation of certain
categories of damages, the above limitation many not apply to you. In such states, the liability of youthyack.com, its subsidiary and
parent companies or affiliates is limited to the fullest extent permitted by
such state law.) You specifically
acknowledge and agree that youthyack.com
is not liable for any defamatory, offensive or illegal conduct of any
user. If you are dissatisfied with any youthyack.com materials, products or
services or with any of youthyack.com’s
terms and conditions, your sole and exclusive remedy is to discontinue using youthyack.com.
Termination
youthyack.com
may cancel or terminate your right to use the Service or any part of the
Service at any time without notice. In the event of termination, you are no
longer authorized to access the part of the Service affected by such
cancellation or termination. The
restrictions imposed on you with respect to material downloaded from the
Service, and the disclaimers and limitations of liabilities set forth in these
Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between youthyack.com and you with respect
to the subject matter contained in this agreement and supersedes all previous
and contemporaneous agreements, proposals and communications, written oral. You
also may be subject to additional terms and conditions that may apply when you
use the products or services of a third party that are provided through the
Service. In the event of any conflict
between any such third party terms and conditions and these Terms of Service,
these Terms of Service shall govern.
This agreement shall be governed by and construed in accordance with the
laws of the State of New York without giving effect to any principles or
conflicts of law. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability of any
remaining provisions.