Terms-of-use - YoStartups

TERMS OF USE

Please read these Terms carefully, as they contain all the information on your rights and obligations as a User at Yostartups. By accessing and/or registering on this website, you agree that you have read, understood and accepted, without any reservations, all and each one of the following Terms. If you do not agree, you should not use this website.

I. This Document

These terms of service (“Terms“) govern your access to the domain name www.yostartups.com (hereinafter the Website) and these user Terms regulate access to and use of the Website and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Website (collectively referred to as “Content“). These user Terms are also applicable to mobile versions of the Website and all subdomains. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website you agree to be bound by these Terms. If you do not agree to these terms please immediately stop using the Website. The website is owned and registered in India (Yostartups). These terms may change from time to time without notice and you should consult the terms each time you use the site(s) in order to view the most current terms.

All references to the Terms mean the current version of the terms at the time of your use. If you use additional services on the site(s), you may be required to accept an additional element of the terms as a condition of using those additional services. You will be provided a link to the additional element of the terms in each such situation and any such additional element shall apply to your use of such additional services.

These Terms apply regardless of your status during use of the Website. The terms and related documents detail what how we treat any information, data, materials, media or other items that you provide to the Website (your User Content). Please read this document carefully before adding any of your User Content to the Website.

Access to the Website and the use of the data on the Website implies your commitment and obligation to make appropriate use of these, subject to the present Terms and current legislation, either national or international, as well as to the principles of good faith, morals and the public order, with the commitment to diligently observe any and all additional instructions in relation to such use and access as may be given from time to time by Yostartups.

The services provided by Website and Yostartups are intended for users of the Website above the age of 18. By accessing and/or registering, you declare and guarantee to us that you are above the age of 18, take full responsibility of this declaration and for access and the correct use of this Website in accordance with the present Terms and current legislation, either national or international, as well as to the principles of good faith, morals and the public order. You may access some areas of our site(s) without registering to the site(s). If you choose to register you will need to provide a username and password as well as other information that is part of our registration process. We have the right to cancel any account at any time if we believe you are not in compliance with any or all of the terms.

Yostartups may require from you, at any time, as a means of verifying your identity, that you submit to us a photocopy of your identity document. Any failure to supply this information on your behalf within the term indicated by Yostartups shall give Yostartups the right to suspend or cancel your user profile

LICENSE TO ACCESS AND USE

You may access and use this Website only for your personal use (or, if accessing the Site on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or the Content is appropriate or available for use.

III. Non-permitted uses

As a Website user we hereby inform you that the Website PROHIBITS, and therefore, any consequences shall be your exclusive responsibility, access to and/or use of a user profile by persons carrying out or intending to carry out illegal or unauthorised activities, either for profit or not-for-profit, and specifically, by way of example, and including but not limited to, the following shall be prohibited:

You will not host, store, disseminate, publish, distribute or share any information that (i) can be considered a breach in any form of the fundamental rights to the honour, image and personal and family privacy of others and, especially, of persons under age; (ii) violates the secrecy of communications and the rules governing the protection of personal data; (iii) infringes any intellectual property and/or image rights of third parties; and/or (iv) is unlawful, racist, obscene, pornographic, abusive, libellous, deceptive, fraudulent or otherwise contrary to morals or public order.
You will not upload viruses, malicious code or attempt to attack or degrade the site(s) in any way.
Make any unlawful or improper use of the Website, or that otherwise may damage, overload or impair the any part of the Website including any data on the Website or Website itself.
Using this Website to send unsolicited (i) advertising or commercial communications, messages for advertising purposes or for unauthorised retrieval of data and/or email addresses for this purpose; and/or (ii) mass and/or repetitive unsolicited emails to a plurality of persons, regardless of content.
You will not access the Website, solicit data or otherwise ask other users via the Website for personal data or collect other users information in any automated fashion, including bots, spiders or scrapers.
You will not create a false identity, providing and/or using false information in a user profile, making false statements or claims, providing false or fraudulent information about yourself and about other people and/or your relationship with them.
Register a user profile on behalf of another person, or any other means of using identities of other persons, and, in particular, the impersonation of personalities.

IV.INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Website and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of India and other countries, and that you acquire no ownership interest by accessing or using the Website or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Website or its licensors and content providers.

V.Waiver

For information supplied by users

Users shall make reasonable use of the Website, as well as reasonable use of its Content, pursuant to applicable legislation and respect for the legitimate rights of others.
Website acts as a mere service provider for hosting and data storage as provided for under law.
Consequently, Websites sole purpose is to make website space available to its users, and only accepts such responsibility as derived from the diligence that may be required of it as a service provider.
Yostartups shall accept no responsibility whatsoever, either directly or indirectly, for any inappropriate use of the Website by any of its users or by any third party.
Yostartups shall not be responsible for damages or harm of any kind that may be caused by third-party retrieval or use of contents, files, information, opinions, concepts and images hosted on the Website by its users themselves.
Likewise, Yostartups accepts no responsibility for any other content, files, information, opinions, concepts and images that do not depend on the Website itself or are not managed by Yostartups.

For content hosted on pages accessible from Website

Website users may share links to third-party websites or resources. You acknowledge and agree that Website is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by f6s of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Website shall not be responsible for editing, revising, censoring or verifying the contents, files, information, advertising, opinions, concepts and images of Internet pages or websites with which you may connect via hyperlinks included on the Website.

Website shall not be responsible for any contents, files, information, opinions, concepts and images that are issued, published or distributed directly or indirectly through pages accessible from the Website from any interconnected web to which you navigate from the Website via links, or any of the services that are linked or related to this interconnected Website

Similarly, Yostartups excludes all liability for services, goods or products that can be purchased or outsourced through an access or link on the Website, especially in cases where the purchasing or contracting process takes place directly on a third-party website when you are directed to it from Website through a profile made by an employer or a job seeker

VI.Your use of the Website

We reserve the right to withdraw or suspend access to Website without notice. We reserve the right to amend the services on the Website and/or change the Website without notice. We try to keep our services reliable, but we will not be responsible or liable if access to Website is not available at any time. Anything on our Website may be incorrect or not updated. We are not obligated to update the Website. Any of User Content on the Website is submitted in accordance with the terms as part of your use of the Website. You agree that all of your User Content will comply with these terms. The Website does not replace professional advice in any way.

If you choose to use the Website on a mobile network, you will be charged your mobile operators fees for all mobile services, such as text messaging and data transfer.

You agree not to copy any part of the Website in any way that violates the terms.

You agree that you are providing Yostartups with all rights necessary to contact third parties if you provide any contact information for that third party and you wish us to contact that third party regarding the Website or services available on the Website.

VII. Profile impersonation

Whenever Yostartups receives a complaint or suspects that a complaint may be made due to misrepresentation or identity fraud by a third party using your user profile, such profile will be suspended while we perform a verification of your identity by requesting your DNI or equivalent ID document.

If after identity verification we understand that a misrepresentation or identity fraud has actually been carried out and/or we are unable to properly certify your identity, we shall proceed to definitively cancel your user profile.

In such an event, Yostartups may inform and cooperate with the competent law enforcement authorities if an identity theft or misrepresentation has been detected that might involve the perpetration of a crime.

VIII. Data protection

Personal data processing necessary for the creation and management of your user profile is subject to the provisions of our Privacy Policy.

IX.COPYRIGHT POLICY

If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, we will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c)(3). You should send any notice of infringement relating to Yostartups or any materials uploaded or displayed on the Website to us. If you decide to send us any such notice, you must:

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed;
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owners behalf;
Include a 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;
Include a statement by you that the information contained in your notice is accurate and that you attest, under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owners behalf; and
Include your name, mailing address, telephone number and email address.
You may submit your notice of alleged copyright infringement to us by mail or email as set forth below:

Attn: Yostartups

Email: [email protected]

Please note that you may be liable for damages, including court costs and attorneys fees, if you submit a notice in accordance with paragraph IX (1) above and you materially misrepresent that content on the Site is infringing. Upon receiving a proper notice as described in paragraph IX (1) above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA statutory counter notification procedure described below in paragraph IX (3) by which the alleged infringer may respond to your claim and request that we restore his or her material.

If you believe, we have removed your own copyrighted material from the Site as a result of mistake or misidentification; you may submit a written counter notification to our designated copyright agent pursuant to 17 U.S.C. 512(g)(2) and (g)(3). To be effective under the DMCA, your counter notification must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that you consent to the jurisdiction of the Court at Delhi, India
A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent
Your name, address and telephone number;
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your physical or electronic signature.

You may submit your counter-notification to us by email as set forth below:

Attn: Yostartups

Email: [email protected]

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. If you send us a valid, written counter notification meeting the requirements described in paragraph IX (3) above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our designated agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question

X.DISCLAIMER

The use of Website by you and your Company is at your and its sole risk. ACCORDINGLY, THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, YOSTARTUPS AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS WEBSITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS WEBSITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE WEBSITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

XI.LIMITATION OF LIABILITY

In no event will Yostartups, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, managers, members, employees, representatives, and agents of each of the foregoing (collectively, our Contractors), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
Under no circumstances will Yostartups or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Website over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Yostartups.com and the Contractors will be limited in accordance with these Terms to the extent permitted by law.
Without limiting any of the foregoing, if Yostartups or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other matters will not exceed Euro 100.00 in any calendar year.

XII. INDEMNIFICATION

You agree to defend and indemnify Yostartups, and our officers, directors, managers, members, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Website and YOSTARTUPS.COM ; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

XIII. Applicable law and jurisdiction

Current legislation shall determine the applicable law and the jurisdiction that will govern relations between Yostartups/Website and Users. Nevertheless, for those cases in which the said legislation foresees the possibility of the parties being subject to a given applicable law and/or jurisdiction, Yostartups and the User expressly renounce any other jurisdiction that may correspond to them, and agree to be governed in any disputes or disagreements by the Courts and Tribunals of the city of New Delhi, India.

Cookie Policy

This Cookie Policy is part of the Privacy Policy of this Website hosted under the domain name www.yostartups.com and under any of its subdomains or dependent pages. We use cookies to improve our services. When you create your User account we understand that you accept our use of cookies and our Privacy and Cookie Policies.

What is a cookie

Cookies contain information that is transferred to your computer’s hard drive. Each cookie expires after a certain period of time depending on what we use it for.

Why do we use cookies

We use cookies to obtain information on the way visitors interact with our Website content so as to help us to provide a better visiting experience when you return to our Website. These cookies allow us to distinguish you from other users, helps us to provide you with a good experience when you use our website and also allow us to make improvements.

What information do our cookies give us

Specifically, our cookies provide the following information:

The domain name of the service provider (ISP) giving you access to Internet. For example, if your provider is XXX in Spain you will only be identified as domain XXX.es. This helps us to draw up statistics on the countries and service providers visiting our Website.
The date and time of access to our Website and the time spend on the Website by each User. This enables us to discover peak traffic times and undertake the necessary adjustments to avoid saturation at peak times.
The Internet address from which a visit was made from a link directed to our Website. Thanks to this information, we ascertain the effectiveness of the banners and links redirecting to our server, so that we can promote the ones with the highest traffic in order to satisfy the needs of our visitors.
The number of daily visits to each content section. This enables us to ascertain which areas are more successful and increase and improve their contents so that users can obtain the information they like most. All this information is obtained anonymously, meaning that it cannot be associated to any specific identified user.
The language chosen by each user in their first visit to the Website and to the restricted area.
Security elements involved in controlling access to restricted areas.
User activity within the Website: links and places clicked on, pages visited, searches made, etc. This enables us to improve functionality on the Website and make it more attractive and useful for users.

The information we access by means of cookies enables us to personalise our services depending on User interests, but in no case can our cookies provide us with information of a personal nature, nor can they read data or other cookies installed on your computer.

Types of cookies

On our Website we use the following types of cookies:

Technical cookies: These allow users to browse our web pages and use all the different options and services.
Analytical third-party cookies (Google Analytics, Mixpanel, Visual Optimizer): These enable us to quantify user numbers, connection time, and measure and analyse statistics on usage made of the services offered so as to improve the services provided to users.
Identification and personalisation cookies: These allow users to identify and authenticate themselves on successive visits to the Website and access authorised content.

How to reject cookies

You can remove or disable cookies via your browser at any time. Please refer to your browser’s configuration documentation for the steps you need to take to remove or disable cookies. Accepting cookies is a condition of using the website, so if you remove or disable them we cannot guarantee how our website will perform for you.

Some cookie names vary depending on the user. Also, some of these cookies may not be used when you use our site.

We recommend you take a look at www.allaboutcookies.org to find out more about cookies, methods of seeing what cookies are set in your browser and methods of deleting cookies.

Privacy Policy

Your privacy is important to us. , Yostartups.com and its subsidiaries and affiliates (YOSTARTUPS, we, or us), understand your concerns with regard to how information about you is used and shared, and we appreciate your trust that we will use and share information about you carefully and sensibly. This Privacy Policy describes what information we collect about you, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it. This Privacy Policy is incorporated into and is a part of the Terms of Use of our Web site (the Site). We encourage you to become familiar with this Privacy Policy and our Terms of Use. By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy.

This Privacy Policy applies only to information collected at this Site. It does not apply to any other websites. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those other websites. We encourage you to seek out and read the privacy policy of each website that you visit.

What information do we collect, and how do we collect it

We and our third party service providers (Contractors) may collect certain identifying information from or about you in connection with your use of or submissions to the Site, including, but not limited to, your name, title, street address, company, telephone and fax numbers, email addresses, website addresses, profile information and credit card information (together, Collected Information). In addition, we and our Contractors may retain the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made. This information helps us to improve the Site and the online content, materials, and services that we make available on the Site, and to more effectively and efficiently respond to both current and future inquiries.

As with many other websites, the web servers used to operate the Site may collect certain data pertaining to you and the equipment and communications method that you use to access the Internet and our Site. For security reasons and to confirm the integrity of the Site, our Contractors and we may combine components of these data with Collected Information, which may identify you. Unless otherwise described in this Privacy Policy or our Terms of Use, such identifying information will be used solely for our business purposes. In addition, the information we and our Contractors collect may reveal such things as the Internet protocol (IP) address assigned to your computer, specific pages that you accessed on the Site or prior to visiting the Site, and the length of time you spent at the Site. We and our Contractors may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Sites content and content delivery, including any online content, materials, and services that we describe or make available on the Site.

In addition, our Site may send one or more cookies to your computer to improve the utility of the Site by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that you may not be able to access the full functionality of our Site if cookies are disabled on your browser.

How will we use the information you provide to us

In addition to the uses described above or in our Terms of Use, we and our Contractors may use the information that we collect from or about you to analyze and improve the content, materials, and services that we make available on the Site, to notify you of changes made to the Site, to evaluate user needs and customize the Site content delivered to you according to those needs, to send you job alerts, and for other legitimate and lawful business purposes. If you contact us for support or assistance, we may use information about you or your system that you provide or that we collect for purposes such as verifying whether your system meets the minimum requirements needed to use the Site and our various services.

YoStartups does not share, sell, rent or lease its customer information lists to third parties other than as disclosed in this privacy policy. YoStartups may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) will not be transferred to the third party. In addition, Yo Statups may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, process payments, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to YoStartups , and they are required to maintain the confidentiality of your information. If you no longer wish to receive email offers, newsletters, articles, or updates you may opt-out at any time by using the unsubscribe link located at the bottom of each communication, or simply by emailing us at [email protected]

Our Contractors and we may store Collected Information for as long as needed for the purposes indicated in this Privacy Policy, which may be indefinitely. Our Contractors and we may store Collected Information in India, or we may transfer it to other countries.

With whom do we share the information we collect

We may share Collected Information with our Contractors and affiliates in order to provide services to you, and for other lawful business reasons. If all or part of Yostartups.com is sold, merged, or otherwise transferred to another entity, we may transfer Collected Information to such entity as part of that transaction.

We may decide from time to time to utilize a number of business and marketing partners in delivering the content, materials, and services available on or through the Site to you. We may share Collected Information with these business and marketing partners for any lawful purpose, including to communicate with you or to fulfill your requests for our services. Our Contractors and we may also produce reports on Site traffic or usage patterns and share these reports with our business and marketing partners and others.

We may disclose Collected Information to the proper authorities if we become subject to a subpoena or court order or if we are otherwise legally required to disclose such information. We may also use and disclose information about you to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

What choices do you have

When corresponding with Yostartups.com or our representatives, or when making a request for information or otherwise interacting with others or us through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection practices and our information security policy.

How Do We Protect Information Collected About You

Yostartups.com and our Contractors have in place certain commercially reasonable security measures to protect Collected Information, but the storage and communication of Collected Information can never be completely secure. Hence we do not guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site is or will be totally secure. If you become aware of any breach of Site security, this Privacy Policy, or the Terms of Use, please notify us immediately.

We may change this Notice.

From time to time, we may change our privacy practices, and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, in our business or our business practices, or in our attempts to better serve your needs and those of our other members. Notice of such changes to our privacy practices will be given in the manner described in the Terms of Use and a revised Privacy Policy will be posted on the Site. Please periodically review this Privacy Policy.

Any questions Please contact us at:

Attn: Yostartups.com
Email: [email protected]

Acknowledgement

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO OUR PRIVACY PRACTICES AND TO THE USES AND DISCLOSURES OF INFORMATION THAT WE COLLECT ABOUT YOU, AND YOU AGREE TO BE BOUND BY THE TERMS OF USE APPLICABLE TO YOU.