Last updated on May 26, 2014.
Welcome to the Yocale Network Corporation website, located at www.yocale.com (“Website”). Please read these terms and conditions carefully before using this Website.
This Website is offered to you by Yocale Network Corporation (“Yocale”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
Except to the extent otherwise set forth herein, these Terms do not provide you with a license to or any other rights to any products or services of Yocale.
Yocale reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms. Your use of this Website after such changes have been posted will constitute your agreement to the modified Terms.
1. ABILITY TO ENTER INTO THESE TERMS
In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms, and able to abide by and comply with these Terms. If you accept these Terms, you represent that you have the capacity to be bound by them.
2. THE SERVICES
Yocale provides a service that allows users who have create an account (“Members”) to: (i) search and find businesses and service providers in their local communities who may be subscribers of the Yocale services; (ii) engage with, schedule appointments with, and rate, review and rank the service providers, and certain other services provided through the Website (the “Services”). As a Member, you have the opportunity to receive the Services and to rate, review and rank the service providers.
To access the Services, you must become a Member and create a Yocale account by either: (i) providing your user name, password and valid email address; or (ii) providing us with access to your account credentials of your third party sharing applications (i.e. – Facebook).
You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Yocale immediately of any breach of security or unauthorized use of your account.
Yocale will not be liable for your losses caused by any unauthorized use of your account. If you deactivate your account, Yocale will permanently delete all of your Member content within 90 days of deactivation. For clarity, Yocale will not be able to delete any of your Member content that is shared with other Members or by you through any third party sharing application.
4. PERMITTED USE
Yocale grants you a limited, revocable and non-exclusive license to access and make personal use of this Website and access the Services, but not to download the Website (other than page caching) or modify it, or any portion of it, except with express written consent of Yocale or express authorization on the Website. This license does not include any resale or commercial use of this Website or its contents.
The following activities are also specifically prohibited:
No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Website as long as the link does not portray Yocale, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Yocale logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. MEMBER CONDUCT
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. Certain features of the Website may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to Yocale that you have the consent of all recipients to send such communications.
If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". Harassment in any manner or form on the Website, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Yocale employee, host, or representative, or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
6. INTELLECTUAL PROPERTY
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by Yocale, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Yocale’s company name, the terms “Yocale”, the Yocale logo and all related names, logos, product and service names, designs and slogans are trademarks of Yocale or its affiliates or licensors. You must not use such marks without the prior written permission of Yocale. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. All of the aforesaid rights are retained by Yocale and its affiliates or licensors.
7. MEMBER SUBMISSIONS
All remarks, ratings, recommendations, feedback, suggestions or other information communicated, transmitted, submitted or posted by you through or in connection with the Website (each a “Submission”) will be licensed to Yocale in accordance with and otherwise subject to these Terms. Any Submission you communicate, transmit, submit or post through or in connection with the Website will be considered non-confidential and non-proprietary, and Yocale will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Yocale operations, products, services, or materials. You hereby grant to Yocale a perpetual, unlimited, irrevocable license to use, copy, distribute, modify and disclose to third parties each such Submission for any purpose, and you hereby waive all moral rights and other similar rights to each such Submission. You acknowledge and agree that Yocale will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person. All Submissions must comply with the content standards set out in these Terms. You represent and warrant that you own or control all rights in and to each such Submission and have sufficient rights and authority to grant to Yocale the rights to each such Submission granted under these Terms. You represent and warrant that all of your Submissions do and will comply with these Terms, and you agree to defend, indemnify and hold harmless Yocale and its affiliates and licensors for any breach of that representation and warranty.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Yocale, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Yocale, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Yocale. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
8. PERSONAL INFORMATION SUBMITTED THROUGH THE SITE
Your submission of personal information to us is governed by our Privacy and Policy located at www.yocale.com/privacy. The Privacy Polity is incorporated by reference into these Terms and these Terms are incorporated by reference in the Privacy Terms.
We may run contests from time to time through the Website. All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules, as well as the terms set out in these Terms.
10. THIRD-PARTY LINKS
This Website may contain hyperlinks to websites which are not maintained by Yocale. Hyperlinks to other websites are provided as a convenience. Use of the hyperlinks and access to such websites are entirely at your own risk. Yocale is not responsible for the contents of those websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to those websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or the activities of the people, organizations and/or businesses responsible for those websites.
11. GOOGLE MAPS API
The Member acknowledges that the features and functionality of the Website use Google Maps API Implementation. By using the Website you acknowledge and agree that you are bound by Google’s Term of Use found at https://developers.google.com/maps/terms?hl=en.
12. ACCOUNT TERMINATION POLICY
Yocale may ban you from accessing the Services and/or terminate your Member account at any time if in Yocale’s opinion, these Terms have been infringed by you.
13. DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Yocale’s Copyright Compliance Officer with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Yocale’s designated contact to receive notifications of claimed infringement is the Copyright Compliance Officer of Yocale 130-889 Harbourside Drive, North Vancouver, BC, Canada V7P 3S1; phone no: 1-855-9-YOCALE (962253); email: email@example.com. For clarity, only DMCA notices should go to the Copyright Compliance Officer. Any other feedback, comments, requests for technical support, and other communications should be directed to Yocale customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to Yocale’s Copyright Compliance Officer:
If a counter-notice is received by Yocale’s Copyright Compliance Officer, Yocale may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Yocale’s sole discretion.
THIS WEBSITE, THE SERVICES AND THE MATERIALS, INFORMATION, AND CONTENT IN OR OFFERED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, SERVICES, INFORMATION, RECOMMENDATIONS, RANKINGS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) YOCALE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES AND CONDITIONS ON THE PART OF YOCALE ARE EXPRESSLY DISCLAIMED; (C) YOCALE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) YOCALE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR INFORMATION IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Yocale makes no representation that materials in the Website are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. Yocale may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL YOCALE OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOCALE (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.
YOU ALSO AGREE THAT YOCALE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
You agree to indemnify, defend, and hold harmless Yocale and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
17. APPLICABLE LAWS
These Terms and your use of this Website and the Services shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or the Website, provided always that Yocale may seek and obtain injunctive relief in any jurisdiction.
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Yocale's right to require strict observance of each of the terms herein. The terms and conditions of these Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. Yocale may assign its rights and obligations under these Terms. These Terms will enure to the benefit of Yocale’s successors, assigns and licensees.
Copyright (©) 2015 Yocale Network Corporation. All rights reserved.
Privacy is a shifting landscape so we’ve made our policy as clear and concise as possible. Yocale takes privacy seriously and you can feel comfortable that your information is being safeguarded from abuse and treated with care.
Last Updated: May 26, 2014
1. ENTITIES AND THIS POLICY
2. CONSENT AND INFORMATION COLLECTION
3. USE OF INFORMATION
You also may provide personal information to be transmitted to other users of the Website or service providers (collectively, “User Contributions”). Your User Contributions are published or displayed on the Website and are transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
4. SHARING OF PERSONAL INFORMATION
Yocale may disclose an individual's personal information to others in connection with the purpose for which it was collected, as consented to by the individual, or as required or permitted by law. Without limiting the generality of the foregoing, examples of where your personal information may be disclosed include:
Yocale is not responsible for the actions of any independent third parties you may choose to engage with directly, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties.
5. RIGHTS TO YOUR INFORMATION
We strive to ensure that any personal information we retain and use is accurate, complete and up-to-date as necessary for the purposes for which we will use it. If our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request.
6. AGGREGATED DATA
We may also use your personal information and Website usage statistics to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers or users, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.
8. COOKIES AND LOG FILES
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or functionality of our Website.
9. CHANGE OF OWNERSHIP OR BUSINESS TRANSITION
In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of our assets, your information may be transferred in accordance with applicable privacy laws.
We will strive to prevent unauthorized access to your personal information, however, no data transmission over the Internet, by wireless device or over the air, is guaranteed to be 100% secure. We will continue to enhance security procedures as new technologies and procedures become available. Please remember that you control what personal information you provide while using the Website. Ultimately, you are responsible for maintaining the secrecy of any personal information provided in connection with the use of the Website. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Website. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Website, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Website. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.
130-889 Harbourside Drive
North Vancouver, BC
Canada V7P 3S1
Phone: 1-855-9-YOCALE (962253)
Copyright © 2015 Yocale Network Corporation. All Rights Reserved.