By using or accessing YiaHara! you signify that you have read the Terms and Conditions set out below and accept and agree to be bound by them, whether or not you join YiaHara!
1.1 References in these terms and conditions to “we”, “us”, and “our” mean YiaHara Limited.
1.2 By YiaHara! we mean the features and services we make available, including through our websites at www.yiahara.com and www.yiahara.co.uk any other YiaHara! branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) together with any other media, software (such as a toolbar), devices, or networks now existing or later developed.
2.1 For content that is covered by intellectual property rights, such as your photos and videos (IP Content), by posting these on YiaHara! you give us a royalty-free worldwide license to use these. This license will end when you remove your IP Content from your profile or delete your membership with YiaHara! unless your IP Content has been shared with others and they have not deleted this from their profile.
2.2 When you delete IP content, it is deleted in a manner similar to emptying a recycle bin on a computer and so IP content that has been removed may still exist in the form of backup copies (but these will not be available to others).
2.3 If you publish any content or information on YiaHara! which is assigned a public setting, you will be permitting everyone on or visiting YiaHara! to access and use that information.
2.4 We welcome any feedback or other suggestions you may have on how we can improve YiaHara! but any feedback or suggestions you do make may be used without any obligation to pay or compensate you for them.
3.1 You must be 13 years or older to join YiaHara! or view its content unsupervised. If you are under the age of 13 you must have the prior knowledge, permission and supervision of a parent or appointed guardian each time you access YiaHara!
3.2 You are prohibited from using YiaHara! if you are a convicted fraudster, computer hacker or sex offender.
3.3 If you select an inappropriate username for your account we reserve the right to remove or reclaim it if we believe it necessary or appropriate to do. Usually this will happen when the chosen name infringes on a patent, trademark, copyright or other proprietary right of another person and does not closely relate to a Members actual name.
3.4 You must not falsely state, impersonate or otherwise misrepresent your identity on YiaHara! and you must not upload a profile image for yourself which is not your true likeness. You must keep your contact information accurate and up-to-date at all times.
3.5 You are prohibited from creating more than one personal profile on YiaHara! You are also prohibited from creating an account for anyone other than yourself without their prior knowledge and express permission.
3.6 You must not share your login and password details with anyone or let another person access your account, or do anything that might jeopardize the security of your account. For your protection you should not post sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature.
3.7 You may not transfer your account or any page or application you administer on your account to another person without first getting our written permission to do so.
3.8 You may not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
3.9 You will not post content or take any action on YiaHara! that infringes or violates someone else’s rights or otherwise violates the laws of England and Wales.
3.10 You are prohibited from displaying or otherwise disclosing on YiaHara! another person’s personal identification or details, or documents and information of a financial or otherwise sensitive nature.
3.11 You are prohibited from abusing, bullying, intimidating, or otherwise harassing any Member of YiaHara! or using the website as a means of abusing, bullying, intimidating, or otherwise harassing any Non-Member, including sending unwelcomed communications to others.
3.12 You are prohibited from posting any content on YiaHara! that is threatening or hateful or which incites violence, bullying or anti-social behaviour of any kind. You are further prohibited from posting any content that is pornographic; or contains nudity or graphic or gratuitous violence or is inappropriate or objectionable.
3.13 You are prohibited from using YiaHara! to do anything unlawful, libellous, malicious, harmful, obscene, discriminatory, misleading or otherwise objectionable.
3.14 You may not send or otherwise post unauthorized commercial or unsolicited communications (such as junk mail, spam, chain letters and pyramid schemes) on YiaHara!
3.15 You may not reverse engineer, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide YiaHara! or any part of it.
3.16 You are prohibited from soliciting login information or accessing an account belonging to another person. You may not collect members’ content or information, or otherwise access YiaHara! using manual or automated software or devices such as bots, scrapers, crawlers or spiders.
3.17 You may not duplicate, license, publish, broadcast, distribute, display, sell, rebrand, or otherwise transfer any information found on YiaHara! except any IP Content posted by you or engaged in “mirroring” or otherwise simulating the appearance or function of YiaHara!
3.18 We may at any time remove any content or information you post on YiaHara! if we believe that it infringes or violates another person’s rights or otherwise violates the law.
3.19 If we do remove any content or information for infringing another person’s rights, and you believe that we are wrong in doing so, you will be provided with an opportunity to appeal.
3.20 If we disable your account for whatever reason, you are prohibited from creating another profile on YiaHara! without our prior permission.
3.21 You will not use our copyright or trademark or any confusingly similar marks without our prior knowledge and written consent.
4. Virus Protection
4.1 We make all reasonable attempts to check and test material at all stages of production, and to keep YiaHara! virus-free, safe and secure at all times, but we cannot guarantee this. It is always wise for you to run an up-to-date anti-virus program on all the material downloaded from the internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system, which may occur whilst using material derived from YiaHara! Your use of our site will at your own risk.
4.2 You are prohibited from uploading or introducing any virus, worm or other malicious code, file or program onto YiaHara! or doing anything which could destroy, disable, overburden, or impair the proper functionality of YiaHara! or override any security component.
5.1 In addition to the information on this website, there may be links to third party websites, the content of which is beyond our control. YiaHara! provides or permits such links as a convenience only.
5.2 The inclusion of links on YiaHara! is not an endorsement by us in favour of any person or company offering any products or services on any linked website. It is your responsibility to exercise your own skill and care with respect to any material on those external websites.
5.3 YiaHara! will not be liable for any loss or damage that may arise from or relating to a linked third party website.
5.4 YiaHara! may, in its sole discretion and without notice, remove any link which contains materials that are objectionable, unlawful or inaccurate.
6.1 Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on YiaHara! complies with relevant laws and codes. YiaHara! will not be responsible for any error or inaccuracy in advertising and sponsorship material.
6.2 If you place an advert on another person or company’s behalf, you warrant that you have the legal authority from that person or company to bind them to these Terms and Conditions and if they breach our Terms we may hold you responsible for that breach.
6.3 The following adverts are prohibited on YiaHara!
- Adverts for illegal goods and services
- Adverts for illegal drugs, substances marketed as ‘legal highs’ and drug paraphernalia (such as such as bongs, pipes, vaporizers and grinders)
- Adverts for products or services that are potentially unsafe or deceptive
- Adverts for the sale of guns and rifles, gun parts and accessories, ammunition, explosives, bombs and bomb-making supplies/equipment
- Adverts which promote hate based on race, ethnicity, nationality, colour, religion, physical or mental disability, age, sex, sexual orientation or gender identity
- Adverts which promote criminal activity or terrorism
- Adverts which promote suicide, self-harm, violence against others and violence against animals
- Adverts for the sale of endangered animals or protected species of animal
- Adverts for the sale or promotion of products obtained or made from endangered animals or protected species of animal
- Adverts making false or misleading claims
- Adverts for the sale of counterfeit tickets of the sale or resale of tickets without prior authority of the organizer or host of the event
- Adverts encouraging members to share their login information or post spam
6.4 You are not permitted to state or imply (directly or indirectly) that you are affiliated with or endorsed by YiaHara! without our prior knowledge and written consent.
6.5 We may reject or remove any advert or content within the advert at any time and for any reason without prior notice to you. We will inform you afterwards of the removal of the advert or content within the advert and the reason for this.
6.6 You are not permitted to remove, obscure, interfere with, criticize or malign any other advert on YiaHara!
6.7 We will determine the size and positioning of any advert you place with us on YiaHara!
6.8 We cannot control how people view and interact with any adverts you place on YiaHara! and we cannot guarantee the number of view you will get or the activity your advert will generate.
7.1 Ellino-Wiki is an application which allows any of our members the freedom and discretion to add, edit and delete information and content in collaboration with others members. Although Ellino-Wiki was created by YiaHara! we are not personally responsible for the information and content which appears in it.
7.2 Ellino-Wiki is written almost exclusively by our members, which means that sometimes it may contain incorrect information, either accidentally or deliberately. If you find any incorrect information, you can fix it yourself as it is open to anyone to edit Ellino-Wiki.
7.3 You must own the copyright of any material (text, image, video, audio) that you upload to Ellino-Wiki.
7.4 Your material must be published on Ellino-Wiki under a free license which allows YiaHara! to publish, share, copy and redistribute the material in any medium or format and also edit and build upon any part of the material for any purpose whatsoever, without liability to you for payment of a royalty or other fee or charge.
7.5 You cannot withdraw your free license, once given.
7.6 You will always retain the copyright of the original form of the material but subsequent modifications made to your material by others will not form part of your copyright.
7.7 There is no minimum or maximum time that your material can be kept on Ellino-Wiki.
Should you wish to take Bambos into your care, you must understand and agree the following:
8.1 You will meet the cost of Bambos’ travels around with you.
8.2 You will not sell or traffic Bambos to anyone, or hold or conspire to hold Bambos as a hostage or to ransom.
8.3 You will not lend or share Bambos to anyone, or otherwise part with him, without our prior knowledge and written consent.
8.4 You will not expose Bambos to any situation which is or would appear to be threatening or hateful or which incites violence, bullying or anti-social behaviour of any kind.
8.5 You will not expose Bambos to any content that is pornographic; or contains nudity or graphic or gratuitous violence or would be inappropriate or objectionable to a young audience.
8.6 You will not involve Bambos in any activity which is unlawful, libellous, malicious, harmful, obscene, discriminatory, misleading or otherwise objectionable.
8.7 Upon your return to the UK, you will at promptly deliver Bambos back into our care, without charge.
8.8 You consent to your name being published on the website as Bambos’ companion, if we so require.
8.9 You consent to the date of the taking of the photograph being published on the website, if we so require.
8.10 You consent to details of the location and place of interest shown within the photograph being published on the website, if we so require.
8.11 Should Bambos be injured whilst in your care you will pay the full cost of any treatment he is found to need when he is returned into our care.
8.12 Should Bambos’ clothes be soiled or damaged whilst in your care you will pay the full cost of cleaning, repairing or replacing these.
8.13 Should Bambos be misplaced whilst in your care you will pay the full cost of a search for him, if feasible, otherwise pay the full cost of adoption of his replacement.
9.1 We may in our sole discretion, at any time and for any reason, discontinue temporarily or permanently the YiaHara! website, or any part of it, with or without notice.
9.2 If you violate any of these Terms and Conditions, or otherwise create a risk of possible legal exposure for us, we can suspend, restrict or terminate your further use of YiaHara! We will notify you by email or at the next time you attempt to access your account of any suspension, restriction or termination.
9.3 You may at any time delete your account, which will remove your profile and other personal information from view.
9.4 YiaHara! shall not be liable to you or any third party for any termination or suspension of access to YiaHara!
9.5 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership, whether by you or us.
10. Law and Jurisdiction
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10.2 If, for any reason, any of these Terms and Conditions are found to be illegal, invalid or otherwise unenforceable under English law, then the Term or Condition which is illegal, invalid or unenforceable shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall remain in full force and effect and shall continue to be binding and enforceable.
10.3 While we have taken all reasonable care to ensure that this website is kept up to date, we make no warranty or representation that such material is accurate or reliable, or that this website will always be available, or that any problems will be corrected.
10.4 We provide YiaHara! without any express or implied warranties including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.5 We make no promise that materials on YiaHara! are appropriate or available for use in locations outside England and Wales, and accessing YiaHara! from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside England and Wales, you do so on your own initiative and are responsible for compliance with local laws.
10.6 We are not responsible for the actions, content, information, or data of third parties and you release us, our officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
10.7 If any person brings a claim against us relating to your actions, content or information on YiaHara! you will indemnify us against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.
10.8 If we fail to enforce any of these terms and conditions, this will not be considered a waiver of our right to do so.
10.9 These Terms and Conditions shall not confer any third party beneficiary rights and you may not transfer or delegate any of your rights or obligations under these Terms and Conditions to another person without our prior knowledge and written consent. Any such purported transfer or delegation will be null and void and of no force or effect.
10.10 All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of English law or otherwise.
10.11 If you are a Member outside the UK you consent to having your personal data transferred to and processed in England and Wales.
10.12 If you are located in a country embargoed by the United Kingdom you will not engage in commercial activities on YiaHara! (such as advertising or payments).
11.1 YiaHara! may change the content of this website at any time without notice and without any liability.
11.2 For the safety and security of our members, we will check your identity against other social media sites such as Facebook, Twitter and Linkedin. Where you have not uploaded a picture or photo of your choice to your profile on YiaHara! you agree to allow YiaHara! to upload an an appropriate image of our choice to your profile, which can include any picture or photo readily available on your page with any other social media site. You will be free at any time to replace or substitute our chosen image for another image you prefer.
11.3 We may at any time revise these Terms and Conditions without notice, and therefore they should be regularly checked. The continued use of the website after a change is made constitutes your acceptance of the change.