Yeti Brush

 
   
 

Terms of Use Agreement of Yetibrush.com

Yetibrush.com is a social networking service provided by My New Atelier S.r.l., 4 Via IV Novembre 50026 S. Casciano in Val di Pesa (FI) Italy, that allows Members to organize an own Web page implementing it with information and file with the purpose to operate in the world of the art promoting the communication and the interaction.

To allow the realization of the purpose My New Atelier Srl offer to Member the Website Yetibrush.com ("Yetibrush Web Site ") and various instruments ("Services of Yetibrush") of communication and association to facilitate the diffusion of the information and the exchange of ideas between the users.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Yetibrush Services. By using the Yetibrush Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Yetibrush Website) or you are a "Member" (which means that you have registered with Yetibrush.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Yetibrush Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Yetibrush Website and discontinue use of the Yetibrush Services immediately. If you wish to become a Member, communicate with other Members and make use of the Yetibrush Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Yetibrush.com's policy for acceptable use of the Yetibrush Services and Content posted on the Yetibrush Website, your rights, obligations and restrictions regarding your use of the Yetibrush Services and Yetibrush.com's Privacy Policy. In order to participate in certain Yetibrush Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Yetibrush Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.You may receive a copy of this Agreement by emailing us at: privacy@Yetibrush.com, Subject: Terms of Use Agreement.

My New Atelier Srl may modify this Agreement from time to time and such modification shall be effective upon posting by My New Atelier Srl on the Yetibrush Website. My New Atelier Srl will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with Yetibrush.com and this will cause the elimination of all posted contents and stop any relationship with My New Atelier Srl. You agree to be bound to any changes to this Agreement when you use the Yetibrush Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Yetibrush.com and that you provide to other Users. Your Yetibrush.com Web Page may not include the following items: telephone numbers, street addresses, last names, of people different from the User, except in the case they have approved the used of their personal information by the User. Users that want to include personal information of others in the contents of his Page are committed to obtain the necessary permission by those. The User takes on all responsibilities for making use of other people personal information. Moreover, images containing pornographic or obscene, violent, offensive, sexual explicit material, as well as images that could be considered improperly, are prohibited. Despite this prohibition, information provided by other Yetibrush.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. My New Atelier Srl assumes no responsibility or liability for this material. If you become aware of misuse of the Yetibrush Services by any person, please contact My New Atelier Srl or click on the "Report Inappropriate Content" link at the bottom of any Yetibrush.com page.

My New Atelier Srl reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MySpace Services at any time, particularly in cases listed under clause 8 of these Terms of Use, with or without prior notice.,  Liability is limited to the maximum extent permitted by law according to clauses 12 and 13 of these Terms of Use in such a case.

1. Eligibility. Use of and Membership in the Yetibrush Services is void where prohibited. By using the Yetibrush Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Yetibrush Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term and Termination.

  • a) This Agreement shall remain in full force and effect while you use the Yetibrush Services or are a Member.
  • b) You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Yetibrush.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-16.

3. Fees. My New Atelier Srl reserves the right to alter, to depart from or to cease offering its services free of charge at any time, taking into account My New Atelier Srl legitimate interests and reasonable consumer expectations. My New Atelier Srl will inform Members by email if a service is to be offered in the future for a fee. In this case, you can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has posted been posted for at least one month  will be considered acceptance of the proposed fee modification. The same applies if fees are raised by My New Atelier Srl. If My New Atelier Srl terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify My New Atelier Srl immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The Yetibrush Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by My New Atelier Srl and indicated in Yetibrush.com. Illegal and/or unauthorized use of the Yetibrush Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Yetibrush Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Yetibrush Services.

6. Proprietary Rights in Content on Yetibrush.com.

  1. My New Atelier Srl does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Yetibrush Services. After posting your Content to the Yetibrush Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Yetibrush Services, you hereby grant to My New Atelier Srl a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Yetibrush Services. Without this license, My New Atelierr Srl would be unable to provide the Yetibrush Services. For example, without the right to modify Member Content, My New Atelier Srl would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, My New Atelier Srl could not allow Users to listen to music posted by Members. The license you grant to My New Atelier Srl is non-exclusive (meaning you are free to license your Content to anyone else in addition to My New Atelier Srl), fully-paid and royalty-free (meaning that My New Atelier Srl is not required to pay you for the use on the Yetibrush Services of the Content that you post), sublicensable (so that My New Atelier Srl is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Yetibrush Services), and worldwide (because the Internet and the Yetibrush Services are global in reach). This license will terminate at the time you remove your Content from the Yetibrush Services. The license does not grant My New Atelier the right to sell your Content, nor does the license grant My New Atelier the right to distribute your Content outside of the Yetibrush Services.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Yetibrush Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Yetibrush Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Yetibrush Services. The User is committed to keep My New Atelier Srl civilly uninjured from whatever responsibility for improper use of the services or the contents.
  3. The Yetibrush Services contain Content of Yetibrush.com ("Yetibrush.com Content"). Yetibrush.com Content is protected by copyright, trademark, patent, trade secret and other laws, and My New Atlelier Srl owns and retains all rights in the Yetibrush.com Content and the Yetibrush Services. My New Atelier Srl hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Yetibrush.com Content (excluding any software code) solely for your personal use in connection with viewing the Yetibrush Website and using the Yetibrush Services.
  4. The Yetibrush Services contain Content of Users and other Yetibrush.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Yetibrush Services.

7. Content Posted.

  1. My New Atelier may delete any Content that in the sole judgment of yetibrush.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. My New Atelier Srl assumes no responsibility for monitoring the Yetibrush Services for inappropriate Content or conduct. If at any time My New Atelier chooses, in its sole discretion, to monitor the Yetibrush Services, Yetibrush.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  2. You are solely responsible for the Content that you post on or through any of the Yetibrush Services, and any material or information that you transmit to other Members and for your interactions with other Users. My New Atelier Srl does not endorse and has no control over the Content. Content is not necessarily reviewed by My New Atelier Srl prior to posting and does not necessarily reflect the opinions or policies of My New Atelier Srl. My New Atelier Srl makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Yetibrush Services. My New Atelier Srl reserves the right to investigate and take appropriate legal action against anyone who, in My New Atelier Srl sole discretion, violates this provision, including without limitation, removing the offending communication from the Yetibrush Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of My New Atelier Srl:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without our prior written consent by My New Atelier Srl such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph of another person that you have posted without that person's consent; or
  15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Yetibrush Website and through your use of the Yetibrush Services. My New Atelier Srl reserves the right to investigate and take appropriate legal action against anyone who, in My New Atelier Srl sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:  

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Yetibrush Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Yetibrush Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In such case, is valid article 8 of this Agreement.
  3. any automated use of the system, such as using scripts to add friends or send comments or messages;
  4. interfering with, disrupting, or creating an undue burden on the Yetibrush Services or the networks or services connected to the Yetibrush Services;
  5. attempting to impersonate another Member or person; 
  6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  7. selling or otherwise transferring your profile;
  8. using any information obtained from the Yetibrush Services in order to harass, abuse, or harm another person.
  9. viewing advertisements by the User in her/his profile or requesting for payment (economic and of any other form) by other people in exchange for the execution, through Yetibrush.com services, of any kind of commercial activity in their behalf, e.g. entering commercial content material in the User's profile, posting messages that have commercial purposes in the blogs, and sending private messages with commercial purposes.
  10. making use of Yetibrush Services in any way that is not permitted by law and applicable rules.

8(bis). Undesired Advertisements.  The use of any information obtained through the Yetibrush.com Services in order to contact, advertise, promote or to sell products or services to other Members without their explicit consent represents a violation to the rules previously exposed. If the User violates this Agreement by sending emails, instant messages or other not requested information collectively through Yetibrush Services, causes a concrete damage to My New Atelier Srl, whose amount is hardly quantifiable. As a reasonable compensation of the damage suffered, the User accept to pay My New Atelier Srl the sum of 25 Euros for every email, advertisement, undesired email, not requested chain letters, or every other not requested communication, sent by making a wrong use of the Service, through Yetibrush Services regardless of the number of the recipients of such email. My New Atelier has the right to obtain an additional compensation of the damages that exceed 25 Euros. The User has the right to show that the damages suffered by My New Atelier Srl amount to a sum that is inferior to 25 Euros.

9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Yetibrush.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to My New Atelier Srl by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Yetibrush Services in a way that constitutes copyright infringement, please provide My New Atelier with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Yetibrush Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. For notice of claims of copyright infringement My New Atelier Srl can be reached as follows: Via IV Novembre N°4, 50026, San Casciano V.P. (FI), Italy - copyright@yetibrush.com.

10. Member Disputes. You are solely responsible for your interactions with other Yetibrush.com Members. My New Atelier Srl reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy. Use of the Yetibrush Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Liability Disclaimer. My New Atelier Srl will not be responsible for any incorrect or inaccurate Content posted on the Yetibrush.com Website or in connection with the Yetibrush Services, whether caused by Users of the Yetibrush Services or by any of the equipment or programming associated with or utilized in the Yetibrush Services. Profiles created and posted by Members on the Yetibrush.com Website may contain links to other websites. My New Atelier Srl is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by My New Atelier Srl. Inclusion of any linked website on the Yetibrush Services does not imply approval or endorsement of the linked website by My New Atelier Srl. When you access these third-party sites, you do so at your own risk. Yetibrush.com takes no responsibility for third party advertisements which are posted on this Yetibrush.com Website or through the Yetibrush Services, nor does it take any responsibility for the goods or services provided by its advertisers. My New Atelier Srl is not responsible for the conduct, whether online or offline, of any User of the Yetibrush Services.

In addition, My New Atelier Srl assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. My New Atelier Srl is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Yetibrush Services or combination thereof.

13. Exclusion of Warranty. The Yetibrush Services are provided "AS-IS" and as available. My New Atelier Srl does not warrant of timely, secure, error- and interruption-free provision of Yetibrush Services. My New Atelier Srl expressly disclaims any warranty of fitness for a particular purpose or non-infringement. My New Atelier Srl cannot guarantee and does not promise any specific results from use of the Yetibrush Services. The exclusion of warranties does not affect your right of withdrawal.

Some jurisdictions do not allow the exclusion or limitation of certain types of      of warranty or liability, such as liability for death or personal injury as a result of negligence or fraud of Yetibrush.com. Some of the limitations in clauses 12 and 13 may therefore apply to you.     

14. Disputes. If there is any dispute about or involving the Yetibrush Services, you agree that the dispute shall be governed by the laws of the Italian State, Italy, without regard to conflict of law provisions. Any dispute that is based on different law dispositions will not be considered. The jurisdiction and competent Court are the judicial offices of every order and grade located in the city of Florence, Italy.

If the User is a merchant, public-law legal body, or public-law separate estate agrees to the exclusive personal jurisdiction of the competing Court and the judicial offices of every order and grade located in the city of Florence, Italy.

15. Indemnity. You agree to indemnify and hold My New Atelier Srl, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Yetibrush Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Yetibrush.com Website or through the Yetibrush Services causes My New Atelier Srl to be liable to another, provided that this was caused by culpable conduct.

16. Other. This Agreement is accepted upon your use of the Yetibrush.com Website or any of the Yetibrush Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and My New Atelier Srl regarding the use of the Yetibrush Services. The failure of My New Atelier to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Yetibrush.com is a trademark of My New Atelier Srl. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The User can contact My New Atelier Srl to the following email: contact@yetibrush.com for questions relative o the present contract.