IMPORTANT! These Terms and Conditions also govern your membership to the Yamzy.com Web site (hereinafter, "Yamzy") if you become a member. By accessing, using, printing, installing, or downloading any material from the Site, or becoming a member of the Site, you agree to be bound by these Terms and Conditions.
This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words 'I agree' or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to the information herein. Access to this electronic record requires a simple browser program such as Internet ExplorerTM or NetscapeTM and a computer.
These Terms and Conditions are subject to change by the Site at any time in its sole discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, or must exit the Site immediately and you may not use or access the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
This Site is designed and intended solely for consenting adults - people who are at least 18 years old (21 in AL,MS, NE, WY and any other location where 18 is not the age of majority) - who are interested in and wish to have access to the exchange of ideas and information, communications, verbal descriptions of a sexually oriented, frankly erotic nature. The materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than the age of majority, or who is offended by such materials or information. Under no circumstances is this site to be utilized for any illegal activity. The site may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Age of Majority
You also represent and warrant that you are at least 18 year of age (21 in AL,MS, NE, WY and any other location where 18 is not the age of majority), and that you have the legal capacity to enter into this agreement. If you do not meet this requirement, you must exit the Site immediately and may not use or access the Site!!
You agree and understand that the First Amendment to the United States Constitution protects the text and images found on this Site. If you are seeking obscenity or child pornography, please leave this Site immediately!
Parents and Children!
Yamzy urges parents to take an active role in learning and understanding what your children are exposed to while exploring the Internet. Our Site does not target children, nor do we solicit data, or knowingly collect personally identifiable information from them. We encourage parents and legal guardians to spend time online with their children and to participate in the interactive activities offered on the Sites their children visit. We strongly suggest parents employ the use of easily obtainable Internet filters to protect their children from objectionable content, and not rely on State and Federal governments to pass unconstitutionally overbroad legislation that restricts freedom of speech.
Digital Millennium Copyright Act (DMCA) Notice/Copyright Policy
The material and content accessible from the Site, and any other World Wide Web sites owned, operated, licensed, or controlled by Yamzy, its parent or sister companies or its affiliates (collectively, "Materials") is the proprietary information and valuable intellectual property of Yamzy or the party that provided the Materials to Yamzy and each of them retains all right, title, and interest in the Materials. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless you have the written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". If you believe that your work has been copied and posted on the our Site in a way that infringes your copyright, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Yamzy' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
It is the intention of Yamzy to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
Access to Sites
This is a license to use and access the Site for its intended purpose and is not a transfer of title. To access the Site, you may be asked to provide certain correct, complete and current, registration details or other information. If Yamzy believes the information you provide is not correct, complete or current, Yamzy has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to the Site. Yamzy hereby grants you a limited, nonexclusive, nontransferable personal license to access the Site and the Materials contained therein. You may cache the Materials for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unlawful, indecent, or otherwise inappropriate or unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. Violators of this limited license may be prosecuted to the fullest extent under law.
Restrictions on Use of Sites
You may not use the Site for any purpose other than what was intended, including any commercial purpose, without Yamzy' express prior written consent. Without consent, you may not: (a) duplicate the Site or any of the Materials contained therein (except as expressly provided herein); (b) create derivative works based on the Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other "hidden text" using Yamzy' name or marks; (h) "deep-link" to any page of any of the Sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted herein; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with Yamzy in causing any unauthorized use to cease immediately. At any time, if the Site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
You are responsible for providing all equipment necessary to access the Site. You may access the non-public portion of the Site only by being a member in good standing to the Site. You may become a member of the Site by completing a registration form accessed by your mobile device or computer. Upon submission of the registration form, Yamzy or its authorized agent will process the application. In connection with completing the registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Yamzy of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yamzy or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yamzy has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
Member Account, Password and Security
Unauthorized access to the Site is illegal and a breach of this Agreement. You represent and warrant that you will not disclose to any other person your unique user name and password that you select as part of the registration process, and that you will not provide access to the Site to anyone who is below the age of majority in your community. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify Yamzy if you suspect unauthorized use of your user name and password or any other breach of security. You are liable and responsible for any unauthorized use of the Site until you notify Yamzy by email regarding that unauthorized use. You may obtain access to your billing records regarding charges of your use of the Site upon request.
Yamzy posts the current membership fees for the Site as part of the registration process, and you agree to pay all membership fees when due, and by the payment method you select at registration. Yamzy reserves the right to change the Site's membership fees at any time. Yamzy reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing.
Please notify us immediately If you believe you have been erroneously billed. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
Yamzy may, in its sole discretion, grant refunds or credits in the form of free monthly memberships to resolve customer service issues. The billing system used by Yamzy or our authorized agents provides extensive credit card fraud protection measures and our Site includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment.
Indemnity and Hold Harmless
By your decision to use
the Yamzy service, you agree that you will not attempt to hold Yamzy,
its officers, directors, employees, shareholders or server maintainers responsible
for any actions taken by any Individual, Service Provider, Business Enterprise,
and/or Client as Yamzy does not own or control them in any way. You may send us an e-mail if you wish to
identify any advertiser you believe has violated or is violating any of our rules
action if we agree.
Further, by your use of this Site, you agree to fully indemnify, defend, and hold harmless Yamzy, its officers, directors, employees, shareholders and server maintainers, against ANY AND ALL CLAIMS, including legal fees, arising out of your use of the Site, regardless of the cause, effects, or fault. Under no circumstances will Yamzy, its officers, directors, employees, shareholders, or server maintainers be liable for any damages from your reliance upon anything derived from this site even if Yamzy, its officers, directors, employees, shareholders, or server maintainers, have been advised that such defect or unsuitability exists. Yamzy., its officers, directors, employees, shareholders, and server maintainers disclaim all liability to you for damages, costs and expenses, including legal fees, and you agree you waive any and all remedies for negligence or under strict liability, or for breach of warranty or contract, including but not limited to indirect, consequential, punitive or incidental damages, even if you give notice of the possibility of such damages. You agree that Yamzy' liability in any case shall not exceed the sum of $100.00 USD in damages arising out of this Agreement.
By accessing Yamzy. you agree that you will not use Yamzy as a means to purchase or solicit illegal activities. You further agree to comply with any and all local, county, district, state, and federal laws in the event you subsequently have any interaction with anyone or any entity you become acquanted with as a consequence of your participation on this Site.
You understand that once you enter this site, your agreement has been confirmed and Yamzy has fulfilled its obligation to you. Members accept full responsibility for any correspondence, communication or contact with our advertisers or partners and understand that Yamzy has no affiliation whatsoever with any of the individuals, business enterprises or Clients who are members, advertisers or content providers on Yamzy. Yamzy is strictly an independent review service and posting site for adults over the age of 18 (21 in some localities). We do not guaranty, warrant or represent the quality, efficacy or safety of any product or service provided by any individuals, business enterprise, and/or Clients who are members, advertisors or content providers on Yamzy.
We retain all end-users' email addresses
indefinitely, and retain all general information and billing information until
a user's membership is terminated.
Newsletters, Correspondence, and Opt-out Policy
We may send our users e-mails or other notices
regarding new services, promotions, or other information that may be of general
interest. Users who no longer wish to receive materials from us may opt-out of
receiving these communications by unsubscribing in their account. We will
comply will all requests for removal. Unsolicited email (Spam) is not allowed.
Links To Third Party Sites
This Site contains links to Sites which are controlled by third parties. Those linked sites are not under the control of Yamzy, and Yamzy is not responsible for the contents of any linked Site or any link contained in a link Site. Yamzy is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Yamzy of any linked Site.
By posting any Content including text, communications, software, images, sound, data, reviews, messages or other information, in or otherwise using any communications service, message/bulletin board, discussion forums, newsgroups, chat areas, review boards, or any other interactive service that may be available to you on Yamzy, (collectively the "Website Boards"), you agree that you will not upload, post, or other wise distribute or facilitate distribution of any Content that:
a. is unlawful, profane, abusive, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortuous;
b. defame, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the "Rights" or have the permission of the owner to post or transmit such Content;
d. contain software viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
e. solicit, advertise or offer to sell any goods or services for any commercial purpose. Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses you know or reasonably should know, cannot be legally distributed in such a manner;
f. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content contained in a file that is posted;
g. restrict or inhibit any other user from using and enjoying the Website. Post multiple reviews or comments for the same individual.
the right to monitor some, all, or no areas of the Website for adherence to
these Rules or other rules that may be published from time to time. You
acknowledge that Yamzy is acting as a passive conduit for such
distribution and that Yamzy is not undertaking any obligation or
liability relating to any content or activities on the Yamzy Site. As
such, Yamzy acts merely as a forum for the expression of ideas,
thoughts, and information.
Yamzy does not endorse the Content placed on Website Boards. Yamzy is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory Content that is contained herein. Yamzy is also not responsible for any Content that violates a community's norms or mores. Yamzy expects and demands that you comply with all federal, state, and local laws when using the Site and when submitting or posting Content to the Site and that you refrain from violating those laws. If you are unsure whether or not Content will violate a law, you are urged to contact the Electronic Freedom Foundation or an attorney prior to posting the Content. Yamzy cannot enforce the laws of each locality, state, and even federal laws for all Content that is posted to this Site and therefore cannot accept the responsibility
for the Content you or other users post.
You acknowledge that any and all Content submitted may be displayed by the Website.
The Website administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content be it Content created by Website or Content publicly posted or privately transmitted to Website. You are responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.
Cancellation Policy: Canceling your membership subscription means no further monthly membership fees will be applied to your credit card. You will have unlimited access until your
current subscription expires.
Yamzy is dedicated to customer satisfaction. Whenever possible we want to solve any problem you have with any of our products or services. Please email us for assistance and afford us an
opportunity to help!
If you have any questions, please feel free to contact us.