Terms of Use
This Agreement was last revised on October 4, 2014
This website uses services provided by YouTect (www.youtect.com), an organization that has a mission to enable people to architect more meaningful places and support the human to desire to connect and create. Hence, the relationship between the service provider and the user of this website are governed by the following terms of use. Please take a moment to read and understand the following terms before proceeding to use and enjoy this website, its services and software.
1. Introduction
The present document constitutes an agreement, even without your signature or the, by any other means, consent on your part. By using or accessing YouTect services, website, software, applications, including all preferential information, provided through or in connection with the service, by any means (including all and any mobile devices, now in use or to be manufactured in the future), you declare, without any reservations, that you have read, understood and agree to be bound by the present Terms of Use Agreement, as well as by all other YouTect documents, terms and agreements that consist inseparable parts of the present. Your binding agreement is thus given notwithstanding your being or not a registered user of our services, website, software and/or applications and your use of our services, website, software and/or applications constitutes a de facto acceptance of these present Terms of Use and of any amendments to this document. On the other hand, if you do not agree to these Terms, you have the choice not to use YouTect services, website, software and/or applications.
In the framework and for the needs of this present agreement the following terms are defined as follows:
- When referring to YouTect, we mean not only the organization per se but also all or part of YouTect services, website, software and/or applications
- Users are all who make use of our services, website, software and/or applications in any way, without reservations in relation to time or conditions of use
- Members are registered Users who have created a YouTect account
- Network Administrator is the person who is in charge of setting-up and maintaining the Network
- Usergroups are groups of users belonging to a certain Network formed by the Network Administrator.
- Privacy Policy Agreement is YouTect’s legal document prescribing all the necessary legal formulations for the safeguarding of personal information and privacy
- For the purposes of this agreement, whenever we refer to the Content of an account of a member or to the information uploaded by a user, we mean information, data, comments, photographs, sounds, images, documents and/or files of all kinds
2. Provisions of Use
| 2.1 | Users are permitted to use YouTect services, website, software and/or applications, as set forth in the present agreement and all forthcoming amendments to it, provided that: a) they will not copy any material and by any means, existing functions and/or functions to be manufactured in the future, distribute, by any means, existing, in use and/or to be manufactured in the future, disclose and/or use in an illegal manner (even if not specifically referred to in the present document) our services, website, software and/or applications in part and/or in whole, b) they will not alter, modify and/or destroy our services, website, software and/or applications apart from adjusting them to its intended purpose and c) they will comply with the terms and conditions of this present agreement, all forthcoming amendments and all YouTect’s documents, provisions, terms and agreements. |
| 2.2 | YouTect may feel obliged to proceed to amendments to this present agreement, from time to time, without any previous notice and according to circumstances, changes to legislation and/or users’ feedback and proposals. In this case, the amended agreement will be posted on this same page with an indication of the amendment’s date at the top of the page. |
| 2.3 | Notwithstanding the fact that the present agreement holds and is valid both for registered and not registered users, all users have to sign-up and create a YouTect account, in order to have an easy, long-term and unhindered access to of YouTect’s services, website, software and/or applications, existing, in function and/or to be manufactured in the future. |
| 2.4 | All Member accounts are strictly personal. Users cannot use another Member’s account without their expressed permission. Members and Users are entirely responsible for their password’s security as well as for any activity that entails in cases of security breach due to failed security. Members and Users are counseled to choose a password with high security value and to keep their password safe at all times. Members and Users fully understand that they provide their personal information and data at their own risk. Upon taking knowledge of a breach in the security of their passwords and/or account, Members must notify YouTect for this breach. In any way, YouTect has no responsibility, whatsoever, for the above mentioned breach and any loss, risks and liabilities that may be provoked, in this way, to Members. On the other hand, YouTect shall reclaim any loss and damage suffered because of any such breach or because of the delay in the breach notification. In such a case, you shall be held utterly responsible for any such YouTect loss and damage. |
| 2.5 | When creating their accounts, Members must provide all the information needed in an accurate and complete manner, according to the terms required for in the Privacy Policy Agreement. Members and Users are entirely responsible for the information given according to the above article. |
| 2.6 | Users and Members retain sole responsibility for any information, data, comments, photographs, sounds, images, documents and files of all kinds that they upload and/or post and/or display on the Service. YouTect only serves as a means for the above mentioned Users’ and Members’ actions and cannot (under any circumstances) be blamed or accused for these information, data, comments, photographs, sounds, images, documents and files of all kinds. What is more, we inform you that YouTect has no obligation, whatsoever, to monitor or prescreen any information, data, comments, photographs, sounds, images, documents and files and does not monitor or prescreen them. |
| 2.7 | Users and Members are strictly forbidden from launching in the Service any automated system, whether currently existing (for example, robots, spiders, offline readers) or to be conceived and manufactured in the future. |
| 2.8 | According to the provisions of the present, Users and Members are strongly dissuaded from collecting any personally identifiable information, including but not limited to names, passwords, personal data from the Service. |
| 2.9 | The Service will not be used by Users and/or Members for any publicity, political propaganda and/ or commercial solicitation purposes nor for the posting of hate speech, inflammatory messages and/or racist, sexist, anti-Semitic comments. Users and Members specifically agree not to use any part or portion of the Service as a destination for unsolicited commercial messages. The Service will also not be used by Users and Members as a conduit for defamatory comments. Users and Members shall not upload, post and/or display any information, data, comments, photographs, sounds, images, documents and files of all kinds of offending, racist, sexist, inflammatory content and/or that can be characterized as porn. |
| 2.10 | YouTect, at all times and under all and every circumstance, retains an unrestricted and unilateral right to permanently or temporarily terminate, suspend, limit or otherwise refuse any user’s or member’s access to YouTect’s services, website, software and/or applications, if, according to its sole will and judgment, this user or member violates anyone of this agreement’s articles (characterized all as equally important), including, but not limited to: a) any attempts to compromise the system, its security features, its communication codes and/or to interfere with the proper, according to these present Terms of Use and their Annexes, working of the System, b) any actions aiming to launch in the Service any automated system, according to the terms of the above, c) uploading invalid data, viruses, worms or other software agents through the Service, d) impersonations, data and identity fraud, providing false information, e) attempts to bypass the measures of prevention and restriction of access to the Service, f) violation of paragraph 2.11 of the present. YouTect is, in this case, not obliged to explain the reasons for such a termination, suspension or limitation of access rights, whether permanent or temporary. In these cases, YouTect also retains the right to proceed to all legal actions pertaining or relevant to loss and damage indemnification against the perpetrators of these acts. |
| 2.11 | Users and Members continue to be bound by the terms of this Agreement, even after termination of access, according to the above. |
| 2.12 | Members will use their Account Settings, in the provided for manner and under the terms of the present, in order to control, shape and/or alter their account profile. |
| 2.13 | YouTect may, from time to time, send to Users and Members Service – related messages with useful information about YouTect services, website, software and/or applications, as well as about the Members’ accounts, including, but not limited to, all notices required by Law, changes to features of the Service, updates, improvements and special offers. When providing YouTect with their e-mail address, Users and Members are deemed to have consented to such a manner of notification. It goes without saying that YouTect undertakes no obligation by the present article to use only this kind of communication. On the other hand, Users and Members may choose to opt out of receiving these e-mails. |
| 2.14 | From time to time, Users and Members may be asked to reconfirm their Network account and settings via an email message. Failure to reconfirm leads to removal of the account. In such a case, the User or Member loses ownership of his/her account's content. |
| 2.15 | Users and Members may belong to one or more usergroups, as defined by the Network Administrator. |
3. Pricing Policy
YouTect’s pricing policy depends on your choices. That is, we leave you the option to choose: whether you prefer the use of our services, website, software and/or applications and your use of our services, website, software and/or applications as a paid service which enables you to access a range of services or as a free service which imposes certain limitations and provisions. Users who choose the second option will be known as users of the “Social” version will enjoy YouTect quality services, free of any charge, but with some limitations. Certain parts of our services, website, software and/or applications will be unreachable to users of the social package platform. Moreover, and in the framework of our providing freely our services, users of the social package platform will be presented with advertisements, according to our advertisement policy, determined in our Terms of Advertisement document, which constitutes part of the present agreement. Users of the second option (known hereafter as users of the Professional or Enterprise version) will enjoy YouTect range of services based on the selected paid package. Our pricing list for our services, limited to users of the “Professional” version are published at the website www.youtect.com. Advertisements will be immediately withdrawn from these users’ system, unless they choose to retain them in reward for part of the advertisements’ cost, as specifically provided for in our Pricing Policy agreement which is available at www.youtect.com/privacy
4. YouTect’ Obligations
| 4.1 | YouTect vouches that it will never, under any circumstances, review, share, distribute, refer to and/ or send to anyone any Member’s and/or User’s information, data, comments, photographs, sounds, images, films, documents and files of all kinds that have been uploaded and/or posted and/or displayed on the Service, except as provided for in the present, in the attached to the present Privacy Policy terms and in the Law. All of the above, and unless otherwise stipulated in the present, belong solely and exclusively to the Members and the Users that have uploaded and/or posted and/or displayed them on the Service. |
| 4.2 | Members’ and Users’ ownership rights and access to the above information, data, comments, photographs, sounds, images, films, documents and files of all kinds that have been uploaded and/or posted and/or displayed on the Service are bound to the Members’ and Users’ quality as eligible members of a specific network. Upon termination of their relation to the network, the above information, data, comments, photographs, sounds, images, documents and files of all kinds instantly become the sole property of the Network Administrator. |
| 4.3 | YouTect does not and will never, under any circumstances, pretend or claim to have ownership or ownership rights on the above information, data, comments, photographs, sounds, images, films, documents and files of all kinds that have been uploaded and/or posted and/or displayed on the Service by Members and/or Users. |
| 4.4 | The present stipulations are not, in any way, binding on the Network Administrator (as is more specifically defined below) nor do they curtail, in any way, his rights on the above mentioned information, data, comments, photographs, sounds, images, films, documents and files of all kinds that have been uploaded and/or posted and/or displayed on the Service by Members and/or Users. |
| 4.5 | YouTect vouches that it has taken all, presently existing, reasonable technical measures to guarantee that all your postings and their content, including your information and data, are safe from loss and unauthorized access, use and disclosure. |
5. Members' and Users' Obligations
| 5.1 | YouTect reiterates the obvious: use of the system, of our services, website, software and/or applications in part and/or in whole means that Members and Users agree that they will never, under any circumstances, post, send over the service, stream, upload, transmit, display, make available or access through the service, information, data, comments, photographs, sounds, images, films, documents and files of all kinds that may engender, in any way, any risk of harm, loss, injury, distress, death, disability, disfigurement, offense, damage, whether physical, material, sentimental and/or mental to other Members and Users, to themselves, members of their families, to any other person or to any animal. It also means that Members and Users agree that they will never, under any circumstances, post information, data, comments, photographs, sounds, images, films that may constitute a crime or form a legal basis for a tort or a legal action for indemnification. It also means that Members and Users agree that they will never, under any circumstances, post information, data, comments, photographs, sounds, images, films, documents and files of all kinds that may contain content which may fall to any of these categories: illegal, unlawful, harmful, abusive, racist, sexist, socially or ethnically offensive, infringing contractual obligations or obligations undertaken under Law, defamatory, harassing, invasive of personal privacy, humiliating, libelous, hate - speech inflammatory, threatening. It also means that Members and Users agree that they will never, under any circumstances, post information, data, comments, photographs, sounds, images, documents and files of all kinds that, in any way, depict, describe and/or refer to the above mentioned situations or categories. In cases like these, YouTect does not have any, whatsoever, responsibility for the risk engendered and/or depicted. Upon knowledge of any such act, YouTect retains the unilateral right to proceed, immediately and without previous notice, to permanently or temporarily terminate, suspend, limit or otherwise refuse any user’s or member’s access to YouTect’s services, website, software and/or applications. In such a case, YouTect will also withdraw and/or suspend the above mentioned infringing posting, retaining, at the same time, all legal rights for indemnifications. |
| 5.2 | Members and Users agree that they will never post, send over the service, stream, upload, transmit, display, make available or access through the service, information, data, comments, photographs, sounds, images, films, documents and files of all kinds that infringe and/or violate third - party rights, including but not limited to intellectual property rights (this meaning but not limited to patent, copyright, mark, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, now existing or to come later in existence, under the laws and statutes of any country, state, territory and/or jurisdiction, whether national or international). In cases like these, YouTect does not have any, whatsoever, responsibility for any risk, loss, damage and/or liability suffered by a third party because of such a behavior. Upon knowledge of any such act, YouTect retains the unilateral right to proceed, immediately and without previous notice, to permanently or temporarily terminate, suspend, limit or otherwise refuse any user’s or member’s access to YouTect’s services, website, software and/or applications. In such a case, YouTect will also withdraw and/or suspend the above mentioned infringing posting, retaining, at the same time, all legal rights for indemnifications. |
| 5.3 | YouTect responds to claims and notices of alleged copyright infringement. If this is the case, you should provide us with the following information: signature of the copyright owner or a duly authorized person, description of the copyrighted work that allegedly constitutes the object of the infringement, description of the website location of the material, personal data of the claimant, a statement that you act in good faith, a statement that the above information is, to your knowledge, accurate. |
| 5.4 | YouTect takes it as granted that by using our services, website, software and/or applications you agree to the condition that you are major of age, and in any case you are 18 years and older. There is no exception to this rule: Users and Members must be 18 years and older and no parental approval, written, oral, or otherwise, may enhance the right of a minor of age to use, in any way, our services. Upon knowledge of a minor's use of the services, YouTect retains the unilateral right to proceed, immediately and without previous notice, to permanently or temporarily terminate, suspend, limit or otherwise refuse the user’s or member’s access to YouTect’s services, website, software and/or applications. |
6. Legal Relations between YouTect and the Network Administrator
| 6.1 | YouTect may, at its sole and exclusive will and discretion, dispose of its services, website, software and/or applications. Each Network may have one or more individuals and/or legal entities as its Network Adminsitrator. The designated Network Administrator is responsible to monitor, control the content and coordinate the network's overall function. |
| 6.2 | Network Administrators notwithstanding, the network's users and members continue to be legally responsible for all their postings, as defined in the afore mentioned clauses. |
| 6.3 | The Network Administrators is able to fully administer the users of the Network as well the content posted in the Network. If a user is removed from a Network either at his/her own will or by the Network Administrators, the content of that User remains on the Network and is the sole property of the organization that has licensed YouTect services. |
| 6.4 | The Network Administrators may issue his own guidelines and policies for the network's function and the content of the postings. YouTect does not have anything to do with these guidelines and policies, which are proper to each legal entity administering the Network. |
7. YouTect and Third Parties
| 7.1 | YouTect may contain links to third party websites, advertisers or services. This does not, by any means, signify that YouTect warrants, endorses, guarantees or even agrees with these websites, advertisers or services, their content, their practices, their policy, the, in this way, advertised products. |
| 7.2 | YouTect is in no way responsible for the content, privacy policy, terms of use policy or practices of these third parties and will not be held responsible for any loss and damage you may suffer because of and due to your dealings with these third party websites, advertisers or services. |
| 7.3 | The present agreement as well as all YouTect documents and stipulations do not apply in relation to your use of or access to these third party websites, advertisers or services. |
| 7.4 | YouTect may from time to time use third party services, applications and functionalities. These third party services, applications and functionalities shall be specifically characterized as such on the service’s page. |
8. Limitation of Liability agreements
| 8.1 | You agree to hold YouTect, its affiliates, directors, employees and staff (only as long as they act in the framework of their designated duties) free of any claim, legal action and/or indemnification rights for any direct, indirect, punitive, incidental, consequential damages, in relation to the present Agreement as well as in relation to all similar YouTect documents and Agreements, including, but not limited to: loss of profit, damage to fame and goodwill, damage to intangible goods that may result from and in relation to the services. |
| 8.2 | You agree to hold YouTect, its affiliates, directors, employees and staff (only as long as they act in the framework of their designated duties) free of any claim, legal action and/or indemnification rights for any direct, indirect, punitive, incidental, consequential damages, in relation to any: errors, mistakes or inaccuracies of content in the network’s postings, injury, loss, risk and damage resulting from (authorized or unauthorized) access to our services, website, software and/or applications, any interruption or cessation of transmission to and from the services, any automated system launched by a third party, whether currently existing (for example, robots, spiders, offline readers) or to be conceived and manufactured in the future, any forbidden, according to the terms and stipulations of the present, user content. |
9. No Warranty for service access stipulations
There can be no warranty for service access and YouTect offers none, whether expressed or implied. The service (both its functionalities and the content of the postings) is provided on an “as available” basis. Use of the service is at your own risk. Downloading of any content is again done at your own risk and you will be solely responsible for any damage suffered because of this downloading. There is also no warranty as refers to the accuracy, reliability and/or correctness of the content of the information, data, comments, photographs, sounds, images, films, documents and files posted, downloaded, passed through, sent via our services, website, software and/or applications. There is no and there can be no warranty that the service will meet your requirements, that the service will be available and in function at any particular time and place, uninterrupted and secure, that any defects or errors will be deemed as defects or errors by us, that if deemed as defects or errors by us will be corrected, that the service is and will be constantly be maintained free of viruses or other harmful components.
10. Publicly – Edited Sections
YouTect website and the provided services may contain pages or sections which may be edited by and are visible to all visitors of the website. These pages or sections may include, but are not limited to forums, guest books, comments, image galleries. You should be careful and discreet on using these pages or sections, especially when posting, passing, sending on or through them your personal information, data, images, vocal messages, documents, files etc. You should always bear in mind that your personal information, data, images, vocal messages, documents and files could be collected by third parties. Use of personally identifiable information and data contained and/or passed through publicly – edited sections falls under YouTect’s Privacy Policy Agreement. YouTect unreservedly retains the right to modify and/or delete any posting, message, image, document, file that, at its own sole discretion: a) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, racist, abusive, anti-Semitic, threatening, hate – speech, terrorist, b) may infringe intellectual property rights or any other rights of any entity or person, c) may violate any applicable law or advocate or encourage illegal activity, d) engages in commercial activity, like advertising or solicitation for goods and services, e) disrupts the normal flow of dialogue and/or the normal flow of activity in the website, f) includes programs which may contain viruses, worms, Trojan horses or automated systems, designed to interrupt, destroy or limit the website functionality, g) violates terms of the present Agreement, its modifications, as well as any policy or regulation in force, regarding the use of this website and of YouTect services and h) may contain links to other sites that contain the afore mentioned (10 a-g) kind of content.
11. Final Provisions
| 11.1 | The present Agreement, with all its provisions, terms and stipulations is in whole governed by the Law of the United Kingdom and all legal actions relative to the Agreement fall under the jurisdiction of the United Kingdom and its courts. YouTect does not bear any responsibility nor assumes any risks if, perchance, one or more of our services, website, software and/or applications products or a product made available on this website breaches national law of any country. Those who access this website as well as ourservices, website, software and/or applications do so on their own initiative and are completely responsible for compliance with their national legislation. |
| 11.2 | The service is controlled and operated from the United Kingdom. We do not offer any guarantee of any kind that the service is appropriate, available or legally permitted for use in any other place of the world. Users of the service from other countries, falling under other jurisdictions, do so at their own discrimination and are entirely responsible for compliance with local law (penal, commercial, etc.). |
| 11.3 | Any YouTect’s posting on the website, once referring to our services, website, software and/or applications, will be considered a valid and legally binding notification, and it will be taken as of the same legal value as emails, letters sent by post mail or written notifications. |
| 11.4 | You are totally aware of the fact and unreservedly agree to the condition that the services contained and described in this Agreement will, from time to time, be updated, terminated and/or modified. These modifications may take the form of bug fixes, enhanced functions, new tools, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made by us at any time, without any previous notice and are recognized by you as part of this present Agreement. |
| 11.5 | YouTect may, from time to time, conduct promotions on or through the website, including without limitations, auctions, contests and sweepstakes, which may be subject to additional terms and/or rules. |
| 11.6 | Members and users unreservedly agree that YouTect has the right to place a “Powered by YouTect” logo in the bottom right hand corner of every Network’s page, or in any other place deemed appropriate. The logo will not exceed 82X25 pixels. |
| 11.7 | Members and users agree that during the duration of this Agreement, YouTect may publicly refer to you as the members and users of YouTect services, website, software and/or applications, orally, in writing or in a directory list. Members and Users grant to YouTect a world – wide, royalty – free, irrevocable, unrestricted, transferable right and license to use Members’ and Users’ data and information for the purposes of extracting and creating anonymized, aggregate catalogues of Members and Users and use the relative statistical material for commercial and/or any other purposes. |
| 11.8 | YouTect is always open to suggestions and proposals of changes. You could always contact us by email. By submitting any suggestion, proposal, idea or comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place YouTect under any obligation, whatsoever. YouTect may or may not use these ideas, proposals and suggestions and may disclose them to anyone on a non-confidential basis without any compensation to you. It goes without saying that the final decision over anything to do with the use of our services, website, software and/or applications is only YouTect’s. |
| 11.9 | Except when specifically stated under the terms of the present Agreement (for example, as refers to the content of your postings, information, data, comments, photographs, sounds, images, documents and files), these services and its materials, including all YouTect services, website, software, applications as well as all images, text, codes, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property rights are the exclusive property of YouTect. Nothing in this Agreement or elsewhere gives any right to anyone to use, in any way, any of the above. You agree not to sell, license, rent, give, pass on, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any material or content accessible on these services. Use of YouTect material in any way and for any purpose not expressly permitted by this Agreement and/or not allowed by YouTect is strictly prohibited. |
| 11.10 | This present Agreement stands as such, as long as YouTect does not proceed to any modifications. In this case you will be lawfully notified. |
| 11.11 | The only official language of the present Agreement and of all of its Annexes is English. |
| 11.12 | This is an exact copy of the YouTect Agreement. All amendments should refer to it as the original Agreement. |