Last Updated 3rd May 2020
Yuzu Metrix - Terms of Service
1. Age and Eligibility
You certify that you are a person at least 13 years of age. The Website may only be used or accessed through an electronic device controlled of you at all times. A valid Yuzu Metrix account may only be created and maintained if you provide valid information about you in the signup process, and you regularly update such information to assure its accuracy. Yuzu Metrix reserves the right to terminate any account that does not include a valid email address on file.
You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not to be shared by multiple users. You are responsible for all activities that occur under your account.
2. Temporary Use License
During the term stated in your account admin panel, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to the terms and conditions of this Agreement, to access and use the Website. You are not granted a license or any other right to copy or store any of the Website (including any portion of the software or documentation) on any computer or other device.
Yuzu Metrix shall own and retain all right, title and interest in and to its Website(s) and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Website or Yuzu Metrix's intellectual property rights by implication, estoppel or otherwise.
3. Your Content
By posting or publishing your content or comments or transmitting your data ("Content") through this Website, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Website. By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Yuzu Metrix does not allow any of the following Content, or links to such Content, to be published on the Website:
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Yuzu Metrix shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems. Yuzu Metrix will use such data to administer, improve and develop its products and services, including the Services; and Yuzu Metrix may share aggregated information and non-identifying information with third parties. You acknowledge that Yuzu Metrix may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.
4. Acceptable Use
Yuzu Metrix does not allow any of the following:
- You may not send unsolicited messages or use the Website or Services to send unsolicited messages (also known as junk mail or SPAM).
- You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the Yuzu Metrix Website (which includes its software and documentation) to a third party, through framing or any other method.
- You must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Services or Website (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our services, you agree to first request such information from us).
- You must not modify, create derivative works based on or in any manner commercially exploit the Website or Services, in whole or in part.
- You must not interfere with or disrupt the Services or Website or any part thereof, or create an undue burden on the Website or the networks or services connected to the Website.
- You must not introduce software or automated agents or scripts into the Yuzu Metrix Website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Website.
- You must not perform any benchmark tests or analyses relating to Yuzu Metrix's Website or Services without the express permission of Yuzu Metrix.
- Except for permitted use of our API, you may not access the Website through automated methods, and any other use of robots or other computer code which calls the Website is absolutely forbidden.
- The network resources of Yuzu Metrix may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Yuzu Metrix. All messages transmitted via Yuzu Metrix should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or postings.
- You shall not attempt to undermine the security or integrity of computing systems or networks of Yuzu Metrix, its partners, or any other person, and must not attempt to gain unauthorized access.
- The Website and its Services may only be used for lawful purposes.
The final decision of whether an account is in violation of any of these policies is at the sole discretion of Yuzu Metrix. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to your account and removal (taking down) of all Content. In addition, violation of these terms or any of Yuzu Metrix's policies may result in tracking information being stored to identify the offending person and permanent restriction from holding an account on the Website.
5. Yuzu Metrix Etiquette
You are prohibited from using Yuzu Metrix for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which Yuzu Metrix deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the Yuzu Metrix management. Although Yuzu Metrix has no obligation to monitor your use of the Website or Services, Yuzu Metrix may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.
6. Third-Party Websites.
The Website may contain links to third-party websites. Such linked websites are not under Yuzu Metrix's control, and Yuzu Metrix is not responsible for their content.
7. Warranty Disclaimer
THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Yuzu Metrix EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Yuzu Metrix DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Yuzu Metrix MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. Yuzu Metrix HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND Yuzu Metrix MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, SOFTWARE AND SOLUTIONS OFFERED THROUGH THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE'S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You shall indemnify, defend and hold harmless Yuzu Metrix and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys' fees, arising out of or relating to your use of the Website, your use of the Services, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.
9. Limited Liability
Yuzu Metrix's AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY SOFTWARE, SERVICES OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100).
IN ADDITION, Yuzu Metrix WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
10. Governing Law
This Agreement shall be governed and construed in accordance with the laws of England and Wales without giving effect to conflict of law principles. You and Yuzu Metrix agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales for the purpose of litigating all disputes.
This Agreement, together with any other agreements you have with Yuzu Metrix such as the Self-Serve Subscription Agreement, constitute the entire and exclusive agreement between You and Yuzu Metrix regarding use of and access to the Website and Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without Yuzu Metrix's prior written consent. Yuzu Metrix may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect Yuzu Metrix's right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither Yuzu Metrix nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party's control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events. Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration
13. Consent to Electronic Communications
By using the Website or the Services, you consent to receive certain electronic communications from Yuzu Metrix and agree that any notices, agreements, disclosures, or other communications that Yuzu Metrix sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. Contract Revisions
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you with advance notice of any material revisions. This notice will be provided in your Yuzu Metrix account portal or via an e-mail to the e-mail address owner of your Yuzu Metrix account. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit Yuzu Metrix's website or log in to your Yuzu Metrix account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.
15. Contact Information
The Website is offered by 42droids Ltd, located at 85 Great Portland Street, London W1W 7LT United Kingdom. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected]. Report misuse of the Services or Website at [email protected].