Welcome to the website www.metroyak.com. These terms of use (the “Terms of Use”) constitute a legal agreement between you and MetroYak relating to access and use of the Website. PLEASE READ THE TERMS OF USE CAREFULLY before using the Website.
1. Acceptance of the Terms of Use
When you browse the Website or use any of its features, including, in particular, you agree to the Terms of Use. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF USE, PLEASE DISCONTINUE ALL USE OF THE WEBSITE. The Terms of Use may be modified at any time by MetroYak at its sole discretion. Your use of the Website and \ or its Features, including but not limited to podcasts, after the posting of any changes will be deemed acceptance of the revised Terms of Service. We kindly ask you to visit this page at regular intervals.
2. Termination
MetroYak reserves the right to terminate the Terms of Use and \ or your right to browse and use the Website or part of it or the Features or one of them at any time, without cause and without notice, at its sole discretion.
3. Registration, Username and Passwords
Some of the Features available on the Website require registration or subscription. If you choose to register or subscribe to such a Feature, you agree to provide truthful and up-to-date information about yourself, as required by the registration or subscription process and to post that information promptly updated if necessary to ensure it remains accurate and complete. You acknowledge that you are responsible for i) maintaining the confidentiality of the passwords that you choose or that are assigned to you following your registration or subscription; ii) any activity that takes place under your username or password; and iii) exit your account at the end of each session. Furthermore, you agree to notify MetroYak of any unauthorized use of your username or password. MetroYak will not be liable for any resulting loss or damage.
4. Copyright
All articles, texts, illustrations, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including how the Content is presented, is protected by copyright and belongs to MetroYak, its affiliates, its licensors and \ or the person recognized as the provider of the content . The Website is protected under copyright law as a collection and \ or compilation. You agree to respect all other copyright notices, information or restrictions on or in the content that you may access through the Website and \ or the Features. MetroYak grants you a non-exclusive and non-transferable license to use and display the Website and \ or the Features on your computer or other electronic device solely for the purposes of representation on a single-user screen and of reproduction, in one copy, for backup copy or hard copy, personal and non-commercial, as long as you do not modify the Content and that you retain the copyright notices.
MODIFICATION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, DISTRIBUTION, REPRESENTATION, REPRODUCTION, NETWORKING, MARKETING, PUBLICATION, GRANT OF LICENSE, PUBLIC PERFORMANCE, DOWNLOAD, CREATION OF WORK DERIVATIVES, POSTING ON THE INTERNET, SALE OR ANY EXPLOITATION OF THE WEBSITE, CONTENT OR FEATURES, including, in particular, by storage in a cache server, framing or other similar means, ARE PROHIBITED.
All software integrated into the Website and the Features or found there, including, in particular any type of machine code, of which all the files and / or images contained or generated by this software are protected by law, copyright and may be protected by other rights.
You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the content in whole or in part; (ii) sell, rent, license or transfer the content or otherwise permit access to it; iii) modify, remove or cover any trademark or proprietary notice included in the software; and / or iv) to decompile, disassemble, decrypt, extract or reverse engineer the Website or the Features and their components, including, in particular, software or to assist anyone in doing so.
Nothing in the Website or the Features should be interpreted as giving you any right, title, interest or other license in the software integrated into the Website or in the Features or that can be downloaded from the Website, including, in particular, some intellectual property right in software.
5. Trademarks
METROYAK is a trademark of MetroYak.com and are used under license. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute trademarks of third parties. Nothing contained in the Website or in the Features may be interpreted in such a way as to grant you a license or a right to use any logo, design or trademark of MetroYak or of a third party.
6. Liability for minors
In the event that you have authorized a person of minor age to browse the Website or use the Features, you acknowledge that you are responsible for: i) their behavior online; ii) to control their access to and use of the Website and \ or the Features; and iii) the consequences of any misuse of the Website and \ or the Features on its part. You acknowledge that certain sections of the Website and the Features may contain Content that is inappropriate for a minor. We recommend that you exercise reasonable supervision over the use of the Website and the Features by minors in your care.
7. Submissions
The Website provides you with functions that allow you to view and submit messages, data, text, software, music, sounds, photographs, images, videos and other materials and to interact with MetroYak, its employees and agents and other users.
When you display Your content on the Website or submit Your content to MetroYak, you grant to MetroYak an unlimited, irrevocable, non-exclusive, perpetual and free worldwide license: storage, adaptation, translation, modification, creation of derivative works, transmission, distribution, public performance or making available to the public of Your content for any purpose; and (ii) granting a license to third parties of the unlimited right to exercise any of the above rights. In addition to the aforementioned license grant, you hereby i) agree to waive all moral rights in Your content in favor of MetroYak; ii) consent to your name, address and email address appearing for Your content, if applicable, as well as the disclosure and / or display of this information; iii) acknowledge and agree that MetroYak cannot be held responsible for any loss, damage or corruption of Your content; and iv) acknowledge and agree that any presentations you transmit for posting on the Website or that you submit to MetroYak will be considered non-confidential.
You represent and warrant to MetroYak that: i) Your Content is original; ii) Your Content does not infringe any intellectual property rights, including, in particular, copyright; iii) you are the sole owner of all intellectual property rights, including but not limited to copyright, in Your Content or, where applicable, you have obtained the owner’s written permission to submit Your Content; iv) Your Content does not contain any defamatory remarks, any obscenity and does not infringe the right of a third party to the private life and \ or the image.
When you interact with MetroYak, its employees and agents or other users, you agree to abide by the terms of use which are an integral part of the legal rules
7. Disclaimer
The website, features and content are provided “as is” and “as available”. You navigate and use the website and the features at your own risk. the press makes no representations or warranties with respect to the website, the features and the content, including, in particular, the warranties as to i) merchantability, fitness for a particular purpose or non-infringement of the intellectual property rights; ii) the operation of the website and the features in a secure manner without interruption or errors; iii) that your use of the website or the features will meet your needs and expectations; iv) the accuracy, completeness, reliability or suitability of the website, features and content; v) correction of defects or errors in the website and the functionalities; vi) the absence of viruses or harmful elements in the website and the features; and vii) secure or transmission of communications via the website or features.
The affiliated companies and their directors, employees, agents, licensors or their successors and holders respective, shall in no circumstance be held liable for any damages of any nature, incidental or consequential, incidental or incidental of the use or performance of the website, of the features or more content referred to on these or any other sites which you may access through the website, even if they know or should know the possibility of such damage.
Advertiser or sponsor of the website (“third party users”) and cannot be held responsible for any damage, loss, damage (including, particularly, special, indirect or incidental damages) or costs arising from i) acts, omissions or conduct of a third party user; and ii) use or inability to use any software, content, goods or services from any site or offered through a site linked to the web site.
8. Lack of advice
The Website may, from time to time, make available information relating to various fields of professional practice, including, in particular, health and fitness, law, accounting and financial planning and investments (“l ‘Professional information’). Professional Information is provided for educational and entertainment purposes only and should in no way be construed as a recommendation for any particular treatment, product or course of action. Use of the Website should not replace consultation with a qualified professional.
9. Hyperlinks to third party sites
The Website contains hyperlinks to third party sites (the “Third Party Sites”) which take you away from the Website. MetroYak provides these links for your convenience. Third Party Sites are not under the control of MetroYak and hyperlinks may not be interpreted as an endorsement or endorsement of their content by MetroYak. MetroYak is not responsible for the content of Third Party Sites, the links they contain or any changes or updates made to them and MetroYak makes no warranty with respect to them.
10. Hyperlinks to the Website
MetroYak encourages hyperlinks to the Website. However, it does not wish to be linked to any third party site i) which contains content constituting or encouraging conduct which would constitute a criminal offense, give rise to civil liability or otherwise be a violation of any local, state law or regulation. Provincial, national or international, which is likely to undermine or harm the activities, credibility or integrity of MetroYak or which contains, displays or transmits any material or information that exceeds moral and \ or legal standards or ii) which contains, displays or transmits any information, software or other material which violates or infringes the rights of others, including material which constitutes an invasion of privacy or rights to the protection of personality, or which is protected by copyright, trademark or other proprietary right. MetroYak reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any time. You agree to remove any hyperlink that you may have on the Website at the request of MetroYak.
11. Use of the search engine
Any image, sound, sound effect, sound recording, musical work, performance, graphic, video, film production, audiovisual work or any other work (the “Multimedia Content”) found through a search engine available on the Website are protected by copyright and \ or other intellectual property rights. MetroYak does not have the right to authorize you to reproduce, distribute, publicly display, make a public performance, communicate or create derivative works from any file containing such Multimedia Content. When the search results link to Third Party Sites, all Multimedia Content contained on these Third Party Sites is the property of entities other than MetroYak.
12. Use of computer bots
You acknowledge that the use of computer bots is prohibited for any purpose whatsoever in connection with the Website.
13. Cookies
MetroYak informs you that one or more cookies may be placed on the hard drive of the computer from which you are browsing the Website. Cookies sent from the Website are not intended to identify you. They record information relating to navigation on the Website made from the computer on which the cookie is stored. In any case, cookies are not intended to use personally identifiable information about you. You can oppose the recording of cookies on the hard drive of the computer from which you browse the Website by modifying the options of the browsing software on said computer.
14. Monitoring
You acknowledge that MetroYak has no obligation to monitor the Website or any content accessible through the Website. However, you acknowledge that MetroYak has the right to monitor the Website electronically, at its sole discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in order to be able to operate the Website in a proper manner adequate or in order to protect itself or its users under the “Privacy Policy”.
15. Transactions with MetroYak
In the event that you order goods and \ or services from the Website, you must provide complete and accurate personal information. MetroYak, at its sole discretion, reserves the right at any time after receipt of your order, to accept or reject your order. You acknowledge that the price of goods and services may change without notice and those goods and services are subject to availability.
16. Transactions with third parties
In the event that, through the Website, you purchase online products and \ or services offered by third parties (“Third Party Goods”), MetroYak is not responsible for the legality, quality, accuracy, reliability or any other aspect of Third Party Goods. If you make a purchase from a Third Party Site hosted by the Website or linked to the Website, the information obtained during your visit to the Third Party Site and the information you provide, such as your credit card number and contact details, are collected by the third-party Site and not by MetroYak.
You release MetroYak, its affiliated companies and their directors, employees, agents, licensors or their successors and respective rights holders from all damages that you may suffer, and agree not to assert against them any claim arising out of your purchase or use of Third Party Goods offered on the Website or on Third Party Sites through the Website.
17. Compensation
You agree to hold MetroYak, its affiliated companies and their directors, employees, agents, licensors or their successors and respective beneficiaries harmless and harmless and to take up their case for all claims, demands, liabilities, costs or expenses of any kind, including, without limitation, legal fees and disbursements resulting directly or indirectly: i) from your breach of the Terms of Service; ii) your browsing, use or inability to browse or use the Website and \ or the Features or any site to which the Website is or may be linked from time to time; iii) your use of publications, communications, distributions or downloads of any kind through the Website and \ or the Features, or the fact that you relied on them; and / or iv) your violation of applicable laws or regulations. You agree to cooperate with us in disputing any claim.
18. Applicable law
Your use of the Website and the Features and the Terms of Use are governed by the laws, without regard to the principles of conflict of laws. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. General
These Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules constitute the entire agreement between you and MetroYak. And replace any other previous agreement between you and MetroYak. You may not assign or transfer the Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules and the Netiquette Rules or any rights and \ or obligations under the terms. The failure by MetroYak to exercise or request the application of any right recognized by the Terms of Use, the Policy on the protection of privacy, the Rules for the Use of Content, the User Contribution Rules or the Netiquette Rules do not constitute a waiver of this right or this provision. In the event that a competent court decides that a provision of the Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules or the Netiquette Rules is inapplicable or invalid, the other provisions of the Terms of Use, the Policy on the protection of privacy, the Rules for the Use of Content, the Rules for User Contributions or the Netiquette Rules would remain in force, if applicable.
