Y8 TERMS OF SERVICE

Last modified: August 1st 2013

The Terms of Service (“the Terms” or “Terms of Service” or “Agreement”) offered here are a legally binding contract between You and Y8 Account Ltd., regarding the services We provide to You through Our Website Y8 Account and the practices of use You should adopt while accessing or using Our Website.

Please read these Terms of Service carefully. By accessing or using Our Website, You acknowledge that You have read, understand and agree to be bound by the Terms of this Agreement on this Website. If You do not agree with these Terms, please do not use this Website. It is Your responsibility to review these Terms of Service frequently and remain informed about any changes to, so We encourage You to visit this page often.

We invite You to read Our “Frequently Asked Questions”, in order to help You through Your use of Y8 Account.

To facilitate Your reading, here is an outline of Our Terms of Service:

1. Definitions

Y8 Account Ltd. is the operator of the Y8 Account Website. Y8 Account Ltd. shall be referred to as “Company”. When first-person pronouns are used in this Agreement (Us, Our, Ours, etc.), they are referring to the Company and/or to any other website that We may choose to operate in the future.

The “User” of this Website and its Services will be referred to as “You” or through a second-person pronouns, such as “Your”, etc. You certify that You are over thirteen (13) years of age and that You have received Your parent’s or guardian’s consent to enter this Agreement.

The term “Website” is used to refer to the Y8 Account website. Y8 Account is a login system for Internet users and webmasters.

2. Privacy Policy

Your privacy is very important to Us. We designed Our Privacy Policy to make important disclosures about Our privacy practices regarding any personal data You may provide to Us or that We receive from You.

We encourage You to read the Privacy Policy, and to use it to help You make informed decisions.

The Website is hosted by servers in the Netherlands; by submitting to Us Your information, You consent to having Your personal data hosted in the Netherlands.

3. Presentation of Our Services

What Y8 Account has to offer You is the possibility to create and Y8 Account account (“Account”) that will allow You to create Y8 Account identities (“Identities”) in order to access third party websites using the Identity You have created that is linked to a specific website. This means that You are in complete control of the information You wish to share on different websites. Furthermore, Y8 Account offers You the possibility to authenticate Your identity, which enhances online trust with certain third party websites.

Y8 Account is also a community. You can interact with all the other Y8 Account users You are connected with, by sharing Your Drive Content, by publishing Your different activities on Your Y8 Account Account, by commenting on the activities of Your Y8 Account contacts …

In this way, Y8 Account provides You with an easy and personalized web experience.

Each of Our services are detailed below, it is important that You pay careful attention to these Terms in order to adopt the correct behavior We expect from Our users.

4. Your Eligibility to use Our Services

In order to use Our Services, You must meet the following criteria, represent and warrant that You:

1. Are thirteen (13) years of age or older;
2. Are not currently restricted from the Services, or not otherwise prohibited from having an 'Y8 Account' Account;
3. Are not a competitor of the Website or are not using the Services for reasons that are in competition with the Website;
4. Have full power and authority to enter this Agreement and doing so will not violate any other Agreements to which You are party;
5. Will not violate any rights of the Company, including intellectual property rights such as copyright and trademark rights;

5. Managing Your identities and social networking

5.1. Presentation of the Service

As explained in these Terms, Y8 Account makes it possible for You to create different online Identities, each one being linked to a specific third party website. However, You cannot create different Identities for the same website, but You may link different websites to one Identity.

Each of Your Identities are also linked to chosen contacts. This means that You can distinguish Your contacts depending on what type of information You would like to share and with whom.

Only one 'Y8 Account' account is allowed per person. Third party verification system are used to control it. Any account sharing the same IP address or having suspicious activity may be put on hold, suspended or closed.

We strongly invite You to read Our Frequently Asked Question for more information.

5.2. Social networking: Your obligations

You understand that Y8 Account is a community, and being part of a community implies that You must comply with these Terms. Indeed, Your interactions with other Users must be carried out in respect of these Terms.

6. Security and Verification of Your 'Y8 Account' account

6.1. Security of Your Y8 Account account

To allow Us to secure Your 'Y8 Account' account, We ask You to Provide a valid email address. In order to access Our two-step verification process You must provide a valid phone number. Your phone number is only used to secure Your account, We do not provide Your phone number to anybody.

6.2. Our KYC requirements

You have the possibility to have Your 'Y8 Account' account verified and guaranteed through the process of “Know Your Customer” (“KYC”) verification. Once Your 'Y8 Account' account is verified, each of Your Identities benefit from this verification.

You must provide Us with a copy of a valid identity document (i.e. passport, identity card …) and with a proof of address (such as a Utility Bill or Bank statement).

Our required documents for KYC may change from time to time depending on the type of services to be provided. Additional or new documents may be asked in order to complete the verification process.

Your verified information will be held into custody in Our servers with Your consent.

6.3. Termination: deletion of Your data

If You wish to know more about the way We deal with Your KYC information after deletion or disabling of Your account, please refer to the termination clause of this Agreement (section 15 (“Termination”).

7. The Drive

7.1. Presentation of the Service

We also provide You with the service « Drive » which allows You to upload Content on Your 'Y8 Account' account. “Content” means any information that may be generated or encountered through use of Drive, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other materials. Drive makes this data accessible on Your compatible devices (desktop, laptop, mobile phone, tablet, or other consumer electronic device).

7.2. Intellectual Property Rights: Your obligations

Intellectual Property means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and registration of such worldwide, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information.

When using Drive, You are solely responsible for Your Content that You upload, publish, display, link to or otherwise make available on the Service.

You retain ownership of any intellectual property rights that You hold in Your Content. These Terms do not grant Us any rights to Your Content or intellectual property except for the limited rights that are needed to run the Services (for example, hosting your files). We advise You to be careful with what You share with others. There are many things that Users may do with Your Content (i.e. copy it, modify it, re-share it). The Company has no responsibility for that activity.

Your Content on Drive may be protected by intellectual property rights of others. You understand that a Content is the sole responsibility of the person who uploaded that Content. Therefore, do not copy, upload, or share files unless You have the right to do so. You agree that any Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights of publicity and privacy.

You, and not the Company, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using Drive.

If You are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Y8 Account by contacting Us.

In the event that the Company becomes aware that the Content published on or through the Our Service has been provided by a person who is not a valid rights holder, We may, in appropriate circumstances and at Our discretion, disable and/or terminate the publication of such Content.

We will respond expeditiously to claims of copyright infringement committed using Drive, if such claims are reported to Us.

8. Our Responsibilities

8.1. Services Availability

For as long as the Website continues to offer the Services, the Company shall provide and seek to update, improve and expand the Services. As a result, We allow You to access the Website as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement.

We may modify, replace, refuse access to, suspend or discontinue the Website, for all or part of the Services, for You or for all Our Users, in Our sole discretion. All of these changes shall be effective upon their posting on Our Website or by direct communication to You unless otherwise noted.

We further reserve the right to withhold, remove and/or discard any content available as part of Your account, with or without notice if deemed by Us to be contrary to the Terms. For example, such removal will occur with You violate Your obligations under Section 9 of these Terms.

8.2. Disclosure of User Information

We remind You that, regarding disclosure of User information, Our Privacy Policy states that You acknowledge, consent and agree that We may access, preserve and disclose the information (personal and non- personal) You provide, if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary in Our opinion to:

1. Comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosure;
2. Enforce these Terms of Service;
3. Respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual or government agency;
4. Respond to customer service inquiries; and
5. Protect the rights, property, or personal safety of the Website, Our Users or the public.

9. Your Conduct within the Y8 Account Community

When creating an 'Y8 Account' account, You are actually entering into a community. You are free to interact with other Users, but You must adopt a respectful conduct and respect certain rules.

9.1. Your Conduct within the Y8 Account Community

You agree that You will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Website or use and/or monitor any information in or related to the Website for any unauthorized purpose.

Specifically, each User, whether authorized or unauthorized, agrees that it will not (and will not permit any third party) do any of the following:

1. ii. Use this Website or data or provide, link, or otherwise make available, any information on the Website that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethically or otherwise objectionable;

You also accept to not:

1. Impersonate any person or entity, or otherwise misrepresent Your affiliation;
2. Manipulate, forge, otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
3. Attempts to gain access to confidential information to which You are not entitled through login solicitation or not;
4. Modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by this Website;
5. Alter or delete information not provided by or, interfere with the operations of this Website including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses; and
6. Share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;

9.2. Your Profile Picture and Nickname

a) Profile picture restrictions

We offer You a possibility to upload Your profile picture. The content of Your profile picture is subject to control by Our moderators.

You understand and agree that profile pictures containing any of the following will be removed by Us:

1. Violence;
2. Self-harm;
3. Child pornography and sexually explicit material (content that contains nudity, graphic sex acts, or other offensive content);
4. Infringement of intellectual property (copyrights, trademarks, and other legal rights) unless you have a licence or permission from the owner of such rights.

You are solely responsible for the content of your profile picture. You assume all risks associated with use of your profile picture, including any reliance on its accuracy. You hereby warrant that your profile picture does not violate these Terms of Service.

b) Our rights

Take notice that by uploading Your profile picture, You represent and warrant to Us that You have the right to do so, and automatically grant to Us a non-exclusive, royalty free, perpetual, worldwide license to use Your profile picture in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public Your profile picture, whether in whole or in part and in any format or medium currently known or developed in the future).

c) Nickname

All profiles must have a nickname. When a profile is created, Your default nickname will be “Anonymous”, but this can be changed. Please note that You must put a nickname if You want to register on third party websites.

YOUR NICKNAME AND PROFILE PICTURE DO NOT HAVE PRIVACY SETTINGS; ALL USERS CAN SEE THEM.

9.3. You and Your interactions with other Y8 Account Users

You are solely responsible for Your interactions with other Y8 Account Users.

You agree not to post Content that : (i) may create a risk of any other loss or damage to any person or property; (ii) may constitute or contribute to a crime or tort; (iii) contains any information or Content that is illegal; (vi) contains any information or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or Content that You know is not correct and current.

If We disable Your account, You will not create another one without permission

10. Your rights

As an Y8 Account User, You do have rights under these Terms. However, it is on the condition that You comply with all Your responsibilities.

We grant You a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access the services, through a generally available web browser, view information and use the services that We provide on the Website and in accordance with this Agreement.

Any other use of the Website contrary to Our mission and purpose is strictly prohibited and a violation of these Terms. We reserve all rights non expressly granted to this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest on the Website and all related items, including any and all copies made of the Website.

11. You and Third party websites

11.1. General. When You access a third party website through Y8 Account, You understand that that website has its own content and is subject to its own terms of service and privacy policy. You accept to respect those terms and policy and understand that Y8 Account’s Terms are independent from the terms and content of third party websites. Your use of third party website content is subject to Section 13 (Limitations of liability) and Section 14 (No warranty-disclaimer).

11.2. Posting on third party websites. When posting and publishing on third party websites that You have accessed through Y8 Account, some content will be published on the “Activities” section of the affiliated Identity. As outlined, You understand that We reserve the right to delete any content We might consider as inappropriate and/or contrary to these Terms that has been published on Our website.

11.3. Termination. As stated in Section 11.1. Third party websites are subject to their own terms and privacy policy. You understand that if You wish to terminate the association between an Y8 Account identity and a website, termination occurs in respect of third party website’s terms. It is not because You have unassociated a website on Y8 Account that third party website will consider Your account as terminated. Furthermore, Your personal data will be treated in respect of third party website’s privacy policy and might be maintained after deletion of Your account. Y8 Account shall not be held responsible for how third party website treats Your personal data.

We warn You that this clause is subject to change, and invite You to frequently check these Terms.

12. Our Intellectual Property

The Company respects intellectual property rights, and expects You to do the same. The service and content provided through the Website is the property of the Company or the Company’s licensors and protected by intellectual property rights (including but not limited to copyright) and You do not have a right to use the Website or its Service (including but not limited to its content) in a manner not covered by the Agreement.

Further, You may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Website.

13. Limitations of Liability

In no event shall the Company, its affiliates, officers, directors, employees, licensors or any third parties be liable for any direct, indirect, incidental special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Website’s service (including but not limited to its content, the third party websites), even if You have advised the Company about the possibility of such loss, and including any damages resulting therefrom.

Your only right with respect to any problems or dissatisfaction with the Website’s services and the third party websites is to stop using the Website’s services or the third party websites.

Nothing in this Agreement removes or limits the Company’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

14. No warranty - Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON THE COMPANY, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE WEBSITE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE WEBSITE OR ANYTHING RELATED TO THE WEBSITE, YOU MAY CLOSE YOUR 'Y8 ACCOUNT' ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION IX (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE COMPANY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. THE COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

THE COMPANY IS NOT RESPONSIBLE FOR MAINTAINING OR PROTECTING YOUR CONTENT ON DRIVE. WE WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR CONTENT, OR FOR ANY COSTS OR EXPENSES ASSOCIATED.

THE COMPANY DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

15. Termination

This Agreement will become effective in relation to You when You create an 'Y8 Account' account and will remain effective until terminated by You or the Company.

If You violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of the Website. We will notify You by email or at the next time You attempt to access Your account.

You may delete or disable Your account at any time. If You have selected the verified 'Y8 Account' Account option, the information We received from You, during the KYC verification process, will be stored in Our secured servers for a period of five (5) years after disabling of the account.

You may also delete one or several of Your Y8 Account identities or delink a third party website from one of Your identities. In either case, third party websites will no longer be able to access the information from the Y8 Account Identity You have chosen to login with and link to that third party website. In addition, all Your Y8 Account contacts linked to that Identity shall be deleted.

Take notice that prior to the complete deletion of Your 'Y8 Account' account, You must delink every website on each one of Your identities. As You have agreed to third party websites’ terms of use when linking said-websites to Your identity, You are bound by said terms. Consequently, You must terminate those agreements prior to terminating this Agreement.

YOU CAN ONLY DELETE YOUR 'Y8 ACCOUNT' ACCOUNT UPON TERMINATION OF THE AGREEMENTS WITH THIRD PARTY WEBSITES LINKED TO YOUR IDENTITIES.

15.1. Misuses of the Service

The Company may restrict, suspend or terminate the account of any User who abuses or misuses the Services.

Misuse of the Services includes:

• creating multiple or false main Y8 Account identities;
• using the Services commercially without the Company’s authorization;
• infringing any intellectual property rights;
• violating Your responsibilities; and
• or any other behavior that the Company, in its sole discretion, deems contrary to its purpose.

15.2. Effect of Termination

Upon termination of this Agreement, You lose access to the services. The following provisions will survive termination of this Agreement:

• section 4 (“Your Responsibilities”)
• section 3 (“Our Services and Responsibilities”)
• section 6 (“Limitations liability”)
• section 7 (“No warranty – disclaimer”)
• sections 9 to 12 (“Indemnity”, “Intellectual Property”, “Governing Law and Jurisdiction”, “Dispute Resolution”)

16. Indemnity

You agree to indemnify and hold the Company and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to Your violation of the Terms of this Agreement or Your violation of any laws, regulations of third party rights.

17. Governing Law and Jurisdiction

This Agreement and Your access to and use of information from the Website are governed by the laws of the city-state of Hong Kong.

18. Dispute Resolution

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the city-state of Hong Kong regardless of Your country of origin or where You access the Website.

You and the Company agree that all claims arising out of or related to this Agreement must be resolved exclusively by courts located in Hong Kong. You and the Company agree to submit to the personal jurisdiction of the courts located in Hong Kong for the purpose of litigating all such claims. Notwithstanding the above, You agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19. English version prevails

In the event that these Terms are translated into other languages and there is a discrepancy between the two languages versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

20. Contacting Us

We are happy to receive any queries, comments, or requests You may have regarding Our Terms of Service. Feel free and do not hesitate to use the following email to contact Us: legal@Y8 Account