Use of the Yes The Bronx Inc. (“YTB”) website and any content or information contained therein (“Website”) is subject to, and constitutes consent to, the Terms of Use and Privacy Policy. These terms and policies affect your legal rights and obligations, and if you do not agree to be bound by all of these terms and policies, do not access or use the Website. YTB may revise the Terms of Use and Privacy Policy at any time without notice to you.

Basic Terms

  1. You must be at least 13 years old to use the Website.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, YTB prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to YTB upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other Website users.
  5. You are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  7. You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of the Website and your Content (defined below), including but not limited to, copyright and trademark laws.
  8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post, share, distribute or display on or via the Website.
  9. You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with the Website.
  10. You must not create, solicit, or submit unwanted comments or other forms of commercial or harassing communications (e.g., “spam”) to any Website users.
  11. You must not use domain names or web URLs in your username without prior written consent from YTB.
  12. You must not interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a user’s browser or device.
  13. You must not create accounts with the Website through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  14. You must not attempt to restrict another user from using or enjoying the Website and you must not encourage or facilitate violations of these Terms of Use or any other Website terms or policies.
  15. Violation of these Terms of Use may, in YTB’s sole discretion, result in termination of your Website account. You understand and agree that YTB cannot and will not be responsible for the Content posted on the Website and you use the Website at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for YTB, we can stop providing all or part of the Website to you.

General Conditions

  1. We reserve the right to modify or terminate the Website or your access to the Website for any reason, without notice, at any time, and without liability to you.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Website, and that your use of the Website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Website to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Website, whether online or offline. You agree that YTB is not responsible or liable for the conduct of any user. YTB reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. There may be links from the Website, or from communications you receive from the Website, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Website. The Website may include third-party content that we do not control, maintain or endorse. Functionality on the Website may also permit interactions between the Website and a third-party web site or feature, including applications that connect the Website or your profile on the Website with a third-party web site or feature. For example, the Website may include a feature that enables you to share Content from the Website or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. YTB does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that YTB is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Website or your profile on the Website with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Website profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Website being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if YTB has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold YTB harmless for activity related to the Application.
  9. You agree that you are responsible for all data charges you incur through use of the Website.
  10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Website via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Website’s consent).

Rights

  1. Unless otherwise agreed upon in writing, YTB does not claim ownership of any Content that you provide to YTB or submit on or through the Website. Instead, you hereby grant to YTB a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Website or otherwise provide to YTB, subject to the Website’s Privacy Policy.
  2. The Website may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that YTB may place such advertising and promotions on the Website or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Website; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The Website contains content owned or licensed by YTB (“YTB Content”). YTB Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and YTB, YTB owns and retains all rights in the YTB Content and the Website. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YTB Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the YTB Content.
  6. The YTB name and logo are trademarks of YTB, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YTB. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of YTB, and may not be copied, imitated or used, in whole or in part, without prior written permission from YTB.
  7. Although it is YTB’s intention for the Website to be available as much as possible, there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, YTB reserves the right to remove any Content from the Website for any reason, without prior notice. Content removed from the Website may continue to be stored by YTB, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, YTB encourages you to maintain your own backup of your Content. In other words, YTB is not a backup service and you agree that you will not rely on the Website for the purposes of Content backup or storage. YTB will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Website, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that YTB is not responsible for, and does not endorse, Content posted within the Website. YTB does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Except as otherwise described in the Website’s Privacy Policy, as between you and YTB, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with YTB is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place YTB in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of YTB, and YTB will not be liable for any use or disclosure of any Content you provide.
  10. It is YTB’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, YTB does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that YTB is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. You further acknowledge that it is in YTB’s sole discretion to share, reproduce, publish, or post on the Website any Content submitted by you or on your behalf.

Reporting Copyright and Other Violations

  1. YTB respects the intellectual property rights of others, and we prohibit users of our Website from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
  2. YTB complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. Contact our designated agent to report alleged copyright infringement. The designated agent is:

Alec Diacou
Yes The Bronx
4530 Delafield Ave.
Bronx, NY 10471
Tel: (718) 796-9896

  1. When contacting our designated agent regarding alleged copyright infringement, please provide the following information:
    • A physical or electronic signature (i.e., /s/NAME) of the owner or a person authorized to act on behalf of the owner (“Complaining Party”) of the copyright that is allegedly infringed.
    • Identification of the copyrighted work claimed to have been infringed.
    • Identification of the material that is claimed to be infringing and information reasonably sufficient to enable YTB to locate the material (e.g., the webpage where the material is posted).
    • Information reasonably sufficient to permit YTB to contact the Complaining Party, such as an address, telephone number and e-mail address.
    • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  2. You may also notify our designated agent of any Content on the Website that you believe to be inappropriate (Nudity, violence, etc.), a violation of privacy (someone using your image), abuse or harassment, or otherwise unlawful.
  3. It is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YTB OFFERS THE WEBSITE “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YTB DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT YTB’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YTB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL YTB, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE YTB PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE YTB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YTB does not endorse, APPROVE OR VERIFY ANY posted CONTENT on the Website AND THE YTB PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE OR RELATING TO THE WEBSITE.

You agree to indemnify and hold harmless the YTB Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the YTB Parties from and against any and all claims brought by third parties arising out of your use of the Website and the Content you make available via the Website by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

Other Legal Notices

  1. Should any dispute or controversy arise out of or relating to these Terms of Use, this Website, or with related services provided by YTB, it shall be subject to the jurisdiction and venue of State and Federal Courts in New York, New York, and shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that any claim you may have arising out of or related to your relationship with YTB must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  2. You may only use the Website for lawful purposes and may not take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You may not attempt to modify or access any Content that is not intended for you. You may not use the Website in any manner that might interfere with the rights of third parties. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence. If you choose to access this Website from outside of the United States of America, you do so on your own initiative and are responsible for compliance with applicable local laws.
  3. These Terms of Use and any Updated Terms will continue to apply until terminated by either you or YTB. Your right to access and use the Website terminates automatically upon your breach of any of these Terms of Use and any Updated Terms that may apply to the Website. The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

Please direct questions or concerns regarding these Terms of Use or the Website to YTB using the Contact page.

The effective date of these Terms of Use is August 1, 2014.