Yonja

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY JOINING YONJA, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT SIGN UP TO YONJA AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. YOUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY YONJA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Web pages available at www.Yonja.com, and all linked pages ("Site"), are owned and operated by Yonja, LLC ("Yonja"), a California limited liability company, and is accessed by you ("User") under the following terms and conditions:

1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Yonja may offer to provide certain services (including facilitating the transmission of User Content (as defined herein) between Users), as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Yonja performs for User, as well as the offering of any content on the Site. Yonja may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Yonja may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Yonja reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.

User certifies to Yonja that the User is an individual (i.e., not a corporation), and that the User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. SITE CONTENT. The Site and its contents are intended solely for the use of Yonja Users and may only be used in accordance with the terms of this Agreement. All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as "Content." User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not publish, participate in the transfer or sale of, reproduce or distribute any of the Content or any modification or derivative work thereof, in whole or in part.

The site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the Service or the Site for any purpose. Passwords and compiled names, photos, links, and Site content are not to be transferred or copied from the Site for use with any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

3. USER CONTENT "User Content" means any Content sourced or supplied by a User (including but not limited to communications within the Site and descriptions of User Content.) User acknowledges and agrees that if User contributes any User Content to the Site, User grants to Yonja a perpetual, non exclusive worldwide, royalty-free, transferable right to use and exploit in anyway such User Content (including all related intellectual property rights) to provide the Services. User warrants, represents and agrees that it will not contribute any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Yonja reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Yonja is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Yonja reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

harasses or advocates harassment of another person;
promotes information that a User knows is false, misleading or promotes illegal activities or conduct that is threatening, obscene, defamatory or libelous;
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;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
displays pornographic or sexually explicit material of any kind;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;

Even though all of this is strictly prohibited, there is a small chance that a User might become exposed to such items and User further waives his/her right to any damages (from any party) related to such exposure.

4. RESTRICTIONS. User is responsible for all of his or her activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Yonja user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in.

5. Copyright Policy. User may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Any person believing that their copyrighted material is being posted on the Site should contact Yonja through Yonja's Contact Us page.

6. WARRANTY DISCLAIMER. Yonja has no special relationship with or fiduciary duty to User. User acknowledges that Yonja has no control over, and no duty to take any action regarding: which users gains access to the Site; what User Content User accesses via the Site; what effects the User Content may have on User; how User may interpret or use the User Content; or what actions User may take as a result of having been exposed to the User Content. User releases Yonja from all liability for User having acquired or not acquired User Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Yonja makes no representations concerning any content contained in or accessed through the Site, and Yonja will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): YONJA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Yonja will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Yonja's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services. For more information please refer to Yonja's Privacy Policy.

7. REGISTRATION AND SECURITY. As a condition to using Services, User is required to register with Yonja and select a password and User name ("Yonja User Name"). User shall provide Yonja with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Yonja User Name a name of another person with the intent to impersonate that person; or (ii) use as a Yonja User Name a name subject to any rights of a person other than User without appropriate authorization. Yonja reserves the right to refuse registration of, or cancel a Yonja User Name in his or her discretion. User shall be responsible for maintaining the confidentiality of User's Yonja password.

8. INDEMNITY. User will indemnify and hold Yonja, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

10. FEES AND PAYMENT. Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Yonja reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Site. Use of the Services by User following such notification constitutes User's acceptance of any new or increased charges.

11. Tokens. Yonja has created Tokens, which are non redeemable credits to be used solely to purchase certain Services on the Site. All purchases of Tokens are nonrefundable. Tokens may be used only for Services offered through Yonja at the time User wishes to obtain such Services. Tokens have no cash value. The number of Tokens required for any given Service is subject to change at any time without notice. Tokens will be subtracted from User's account once service order is placed by the User and captured by the Yonja system. Once used to obtain a Service, Tokens will not be reinstated to User's account. In conjunction with using Tokens, User agrees to confirm that all information in User's personal profile is up-to-date and accurate. User understands and agrees disabling of membership will result in User's inability to utilize Tokens to obtain any Services. User understands and agrees termination of membership will result in the cancellation of all of User's Tokens. Yonja shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Tokens) shall be final and binding TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, USER WAIVES ANY APPLICABLE STATUTORY OR COMMON LAW THAT WOULD OBVIATE OR CONTRADICT THIS SECTION 11

12. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Yonja may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the User's account, User's right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Yonja shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Yonja's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation,. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Yonja's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California in the United States of America without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Yonja in any respect whatsoever.

Your privacy is very important to us at Yonja. If you have questions or concerns regarding this statement, you should contact Yonja by sending a message to Yonja through our Contact Us window to Yonja - Help. This Privacy Policy describes the information we collect about you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Yonja's practices so that you can make an informed decision.

1. Security
2. Information We Collect
3. Our Disclosure of Your Information
4. Advertising
5. Account Cancellation Procedures
6. Notification of Changes to our Privacy Policy

1. Security
Yonja has security measures in place to protect the loss, misuse, and alteration of the information under our control. We have taken measures to protect user information once it is received by the site, including but not limited to the following: limited and controlled access by employees, servers and data stored in a secured location, security software where appropriate and cost effective. Employees are informed of all security protocol on a regular basis, and web security procedures are pursued.

2. Information We Collect
Our primary goal in collecting personal information from you is to provide you with a smooth and efficient experience while using Yonja. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier and quicker.

When you join Yonja using our online registration process, we collect an email address, user name, and password as your Personal Identifier Info. Your user name is used throughout Yonja to identify you to other Yonja Members. Therefore, you should be aware that if you use your real name as your user name, this information would be visible to others on the site. If you use your email address as your user name, this information would be visible to others on the site.

You may also provide Yonja additional information that is displayed publicly on the Site in your profile. Other than the profile information submitted by our users, and except as noted herein, Yonja does not disclose any personally identifying information without your permission.

Except as set forth in this Policy, at no time will we share your Personal Identifier Info with anyone, other than those users with whom you communicate through Yonja. Yonja facilitates communication among users through our on-site Yonja private messaging system. Messages sent via Yonja private messaging are identified only by your user name, and we do not reveal either user's personal email address unless it is part of their Profile. We use your email address to contact you regarding administrative notices, alerts and communications relevant to your use of Yonja. If you do not wish to receive these communications, you have the ability to stop receiving these communications by unchecking the Notification Parameter options on the Profile page. You will receive administrative emails that are related to the primary usage and functionality of Yonja. You may not opt-out of administrative emails.

You can review, update and change your Personal Identifier Info -- including your user name, email address, and password -- by clicking on the [Edit my profile] Information link on your Profile page.

Yonja and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to send spam. To report Yonja related spam to Yonja, please report the user through the "Report User" link to Yonja or contact Yonja through our Contact Us window.

We use information we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our User Agreement. At times, we may look at your account information and transaction history to identify problems or resolve disputes. Moreover, such information is never completely removed from our databases due to technical constraints and the fact we back up our systems. Therefore, our user's Personal Identifier Info may not be completely removed from our databases in response to user requests.

We also receive and store certain types of information whenever you interact with our Web site. Yonja automatically receives and records information on our server logs from your browser including your IP address, Yonja cookie information and the page you requested. Yonja Cookies are small amounts of data sent to a user's browser from the Yonja Web servers and stored on a user's computer's hard drive. Yonja uses cookies to track the pages on the Site that our users have visited. This allows us to collect aggregate information about usage on the Site. Yonja may uses cookies to deliver content specific to users' interests, and to keep track of users' user names and passwords so that users do not have to reenter them during a session. If you choose not to accept cookies, you will be unable to use the Yonja website.

Generally our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. Yonja only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally.

Yonja uses your IP addresses to help diagnose problems with our server and to administer the Site. Generally, IP addresses tell us the location from which a person is connecting to us, what service provider the person is using, and which parts of the Site the User is visiting. We do not link IP addresses to anything personally identifiable. This means that your session will be tracked, but you will remain anonymous. We reserve the right to track IP addresses for the purposes of fraud prevention, and we reserve the right to release IP addresses to legal authorities.

If you send Yonja email correspondence, or if other users or other third parties send us email or other correspondence regarding a particular user's activities or postings on the Site, Yonja may collect such information.

3. Our Disclosure of Your Information.
We do not sell, rent, or trade any Personal Identifier Information to third parties, and we do not use users' email addresses for unsolicited marketing. The only exceptions are when we either have your permission or as described in this Section. In some cases, the government can compel the disclosure of information about you, and Yonja will need to comply if it believes such disclosure to be appropriate, in which case you authorize it to do so. You also consent to Yonja disclosing information about you to actual or potential parties to a lawsuit that Yonja is or may become involved in (a) if it required to do so, (b) if it reasonably believes that such disclosures will potentially mitigate its liability, or (c) to enforce its rights. Yonja may disclose some Personal Identifier Information to third party service providers, such as credit card companies, in connection with communications, payments and other aspects of operation of the site. Yonja may also use your Personal Identifier Information to enforce any of its policies (such as the User Terms of Services Agreement). Finally, in the case that Yonja sold substantially all of its assets or was acquired (or went out of business or entered bankruptcy), customer information is typically one of the business assets that is transferred in connection with such a transaction. You acknowledge that such transfers may occur and that any acquiror of Yonja may continue to use your Personal Information as set forth in this policy.

4. Advertising.
Yonja may contain links to other sites. Yonja is not responsible for the privacy practices or the content of such Web sites. We encourage you to review the policies of these sites. The ads appearing on this Yonja are delivered to users by our advertising partners. These partners may set cookies. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. This may enable advertisers to compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. Yonja does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks. This privacy statement covers the use of cookies by Yonja and does not cover the use of cookies by any advertisers.

5. Account Cancellation Procedures
If you decide you would like to cancel your account on Yonja, you will need to do the following:

Click on "Edit my profile" on your Home Page (on the top line, next to your name). Then click on "Cancel Account" on the Profile Page.

6. Notification of Changes
We will notify you directly if there is a material change in our privacy practices. We will take commercially reasonable measures to obtain written or active email consent from you if Yonja will use the information collected from you in a manner different from that stated at the time of collection. We will also post the changes in our privacy statement 30 days prior to a change.

If you have any questions about this privacy statement, the practices of this Site, or your dealings with Yonja, please contact us through our Contact Us window.