YourTango Expert's Terms and Conditions of Service for YourTango Expert Members
1. Agreement and Definitions.
“YourTango Experts” is an interactive online service operated by YourTango.com on the Internet, consisting of free information services and content provided by YourTango, affiliates of YourTango and other third parties.
"Member" means a professional who registers to participate in YourTango Experts, thereby establishing an account ("Account") that allows the Member to create a YourTango Expert profile which includes a bio, listing of services offered, posting of content, listing of recommended content for sale and professional contact information.
“Premium Member” mean a Member who has elected to pay a premium for a collection of services in connection with YourTango Experts that are not made available to ordinary Members.
“User” means a member of the general public who accesses any part of the YourTango.com site, including YourTango Experts.
"Registered User" means a User who registers on the YourTango.com site and is thereby entitled to post content, comment on content, and interact with the YourTango community.
Members are responsible for all use of their own Account, the integrity, confidentiality and security of their Account, and for ensuring that all use of their Account complies with the provisions of this Agreement.
2. Registration; Licensing Issues.
(A) Member represents and warrants that all information provided on the Member Registration form is true and correct. Member may update their information at any time by logging into to their YourTango Expert's membership and visiting the tool bar (highlighted in blue) at the top of every page Expert’s see when logged into their account. Member shall be solely responsible for compliance with all licensing requirements of any jurisdiction in which Member practices.
(B) Members who are licensed in one state and are considering providing remote services (by phone, web, or email) to a client residing in a state where Member is not licensed should pay particular attention to compliance with the licensing requirements of the client’s state and the related legal and ethical issues that are involved.
3. Member Conduct.
(A) Member shall use YourTango Experts for lawful purposes only. Member shall not post or transmit through YourTango Experts any material: (i) which violates or infringes in any way upon the rights of others; (ii) which is unlawful, threatening, abusive, defamatory, libelous, obscene, invasive of privacy or publicity rights, vulgar, racist, obscene, profane or otherwise objectionable; (iii) which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) which, without YourTango.com’s express prior approval, contains advertising or any solicitation with respect to products or services other than Member’s own professional services; (v) or which advertises or performs any commercial solicitation, including, but not limited to, the solicitation of users to visit or otherwise become involved in other online communities or websites that are competitive with YourTango.com. Any conduct by a Member that, in YourTango.com’s sole discretion, violates these Terms, or restricts or inhibits any other Member or User from using or enjoying YourTango.com or any of its services will not be permitted.
(B) YourTango.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of YourTango Experts are copyrighted as a collective work under the United States copyright laws. YourTango.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not publish, modify, or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of YourTango.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Member shall not upload, post or otherwise make available on YourTango Experts any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of YourTango Experts, Member automatically grants, or warrants that the owner of such material has expressly granted YourTango.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Member also grants exclusive rights to YourTango for any content published on YourTango and may not remove or delete content after it’s been published. Furthermore, all content once published, is to remain on YourTango for as long as YourTango wishes to retain the content; any deletions, hiding or removing of YourTango Expert’s content is at the sole discretion of YourTango.com. Member may reproduce content published on YourTango on their own website at their sole discretion. Upon agreeing to YourTango.com’s Terms and Conditions, member agrees that YourTango.com is not responsible for any penalties, costs or legal issues that arise from reproducing articles on their own website. Member may not reproduce content from any other member without that member’s expressed, sole consent to do so. Member also permits any other user of YourTango Experts, including any other Member, to access, view, store or reproduce the material for that user’s or Member's personal use. Member hereby grants YourTango.com the right to edit, copy, publish and distribute any material made available on YourTango Experts by Member.
(D) Members are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such Member or logging into a server or account which Member is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(E) Member shall not conduct any type of research on YourTango Experts, or any other part of YourTango.com, for the purpose of publication or to fulfill a set of educational requirements for an educational institution. Research prohibited includes: (i) naturalistic study of behaviors, members, or users of this website; or (ii) empirical, qualitative, or quantitative research of either scientific or non-scientific inquiry, for the purpose of publication, either publicly (for instance, in a peer-reviewed journal) or privately (for instance, a Master's thesis or college research paper). Personal research for one's own use is allowed.
4. Representations and Warranties.
4.1 Member represents, warrants and covenants (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless YourTango.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. YourTango.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 YourTango.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through YourTango Experts by any Member, user, information provider or any other person or entity. Member acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEMBER HEREBY ACKNOWLEDGES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK.
YourTango.com shall have the right, but not the obligation, to monitor the content of YourTango Experts, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by YourTango.com and to satisfy any law, regulation or authorized government request. YourTango.com shall have the right, but not the obligation, and at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on YourTango Experts. Without limiting the foregoing, YourTango.com shall have the right, but not the obligation, to remove any material that YourTango.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Member agrees to defend, indemnify and hold harmless YourTango.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of Member’s use of YourTango.com and YourTango Experts or Member's Account.
Member may terminate this Agreement at any time. To cancel, member must log it to their personal YourTango Expert’s account and click the link to “Manage Account” and then click to cancel or downgrade their account. Upon clicking or notifying our customer service team, the membership is terminated for the next billing cycle. At that point, no refund is due and the billing of future cycles will be canceled.
YourTango.com shall have the right to immediately terminate Member's Account in the event of any conduct by Member which YourTango.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions of Sections 3(B), 3(C), 3(D), 4 and 6 shall survive termination of this Agreement.
If Member would like to terminate his or her YourTango.com membership and cannot log into their account, help can be found by emailing a cancelation request to firstname.lastname@example.org.
8. Third Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other user of YourTango Experts or YourTango.com, are those of the respective author(s) or distributor(s) and not of YourTango.com. Neither YourTango.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through YourTango.com, including YourTango Experts, represents the opinions and judgments of the respective information provider, Member, or other user not under contract with YourTango.com. YourTango.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on YourTango.com, including YourTango Experts, by anyone other than authorized YourTango.com employee spokespersons while acting in their official capacities. Under no circumstances will P YourTango.com be liable for any loss or damage caused by a Member's reliance on information obtained through YourTango.com, including YourTango Experts. It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through YourTango.com.
YourTango.com shall have the right at any time to change or discontinue any aspect or feature of YourTango Experts, including, but not limited to, content, hours of availability, and equipment needed for access or use.
9. Changed Terms.
YourTango.com shall have the right at any time to change or modify the terms and conditions applicable to Member's use of YourTango Experts, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on YourTango Experts, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of YourTango Experts by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.