YIYANIQ Terms of Use

yiyaniQ Inc. (“YIYANIQ”) OWNS AND OPERATES THE WEBSITE LOCATED AT www.yiyaniq.com (“Website”) AND THE THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.   

BY USING THIS WEBSITE AND THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY YIYANIQ FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.  IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

1.The Service.  The YIYANIQ service allows users to [access an interface to experiment with available algorithms for general informational purposes] through the Website (the “Service”).  In order to access the Service you must be a registered user.

2.Content.  All information or data provided through the Service, Website or otherwise by YIYANIQ is for informational purposes only. For clarity, the materials on the Website and made available through the Service, including but not limited to any results provided to you through the Service, is not a substitute for obtaining financial advice from a qualified professional. This means that YIYANIQ is not responsible for any material uploaded, posted, emailed, transmitted or otherwise made available by using the Service.  Under no circumstances will YIYANIQ be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials provided through the Website, emailed, transmitted or otherwise made available via the Service.

 

3.Restrictions on Use of the Service. YIYANIQ reserves the right at all times (but will have no obligation) to terminate users at any time in its sole discretion. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.   
In using the Website, and the Service You shall not:
  a.copy any content unless expressly permitted to do so herein;
  b.upload, post, email, transmit or otherwise make available any material that:

i.is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii.You do not have a right to make available under any law or under a contractual relationship;
iii.infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);  
iv.is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;  
v.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or
vi.contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

  c.impersonate any person or entity or misrepresent their affiliation with a person or entity;
  d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
  e.interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;  
  f.intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  g.collect or store personal data about other users or viewers;
  h.license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or the Service;
  i.modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or the Service or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
  j.register for the Service on behalf of a group or corporate entity.
You also agree not to access the Website or the Service in a manner that utilizes the resources of the Website or Service more heavily than would be the case for an individual person using a conventional web browser.  Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
4.License of Content.  By submitting and algorithms, posting or displaying any other content (“Content”) on or through the Service or the Website, you grant us (and our agents) a non-exclusive, royalty-free transferable license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such Content.  YIYANIQ will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
5.End User License.  All content provided through the Service, this Website, and the information and materials that it contains, are the property of YIYANIQ and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.  Subject to the terms of this Agreement, YIYANIQ grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) use the Service in accordance with the terms of this Agreement (the “License”).  .  Nothing in the Terms gives you a right to use the YIYANIQ or YIYANIQ names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website or Service shall be subject to the terms of these Terms.
6.Feedback.  If You provide YIYANIQ with any suggestions, comments or other feedback relating to any aspect of the Website and/or the Service, including responses to any questionnaires ("Feedback"), YIYANIQ may use such Feedback in the Website or in any other YIYANIQ products or services (collectively, "YIYANIQ Offerings"). Accordingly, You agree that: (a) YIYANIQ is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to YIYANIQ, (c) YIYANIQ (including all of its successors and assigns and any successors and assigns of any of the YIYANIQ Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any YIYANIQ Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from YIYANIQ or any of the other users of the Website in respect of the Feedback.
7.Advertising. You acknowledge and agree that the Website may contain advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that YIYANIQ shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
8.Links & Third-Party Websites.  This Website may contain links to other websites that are not owned or controlled by YIYANIQ.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by YIYANIQ of that third party, third party product or service.  YIYANIQ is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence on the Website of a link to any other website(s) does not imply that YIYANIQ endorses or accepts any responsibility for the content or use of such websites, and You hereby release YIYANIQ from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
9.DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS."  YIYANIQ SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  YIYANIQ DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND YIYANIQ SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  YIYANIQ WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
10.LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL YIYANIQ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.  THESE LIMITATIONS SHALL APPLY EVEN IF YIYANIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YIYANIQ’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY CANADIAN DOLLARS ($50 CAD) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11.INDEMNIFICATION.  YOU SHALL INDEMNIFY AND HOLD YIYANIQ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR USE OF THE SERVICE AND ANY MATERIALS PROVIDED, POSTED, TRANSMITTED OR MADE AVAILABLE TO YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
12.Termination.  YIYANIQ may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or the Service portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with YIYANIQ (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to YIYANIQ), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website.  You acknowledge and agree that all terminations may be made by YIYANIQ in its sole discretion and that YIYANIQ shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website.  Any termination of these terms of use by YIYANIQ shall be in addition to any and all other rights and remedies that YIYANIQ may have.
13.Availability & Updates.  YIYANIQ may alter, suspend, or discontinue this Website or vits Service at any time and for any reason or no reason, without notice. The Website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  YIYANIQ may periodically add or update these Terms and the information and materials on this Website or through its Service without notice.
14.Security.  Information sent or received over the Internet is generally unsecure and YIYANIQ cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.   You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure.  YIYANIQ will not be liable for any loss or damage arising from your failure to comply with these requirements.
15.General.  These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by YIYANIQ.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of YIYANIQ to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by YIYANIQ must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without YIYANIQ’s prior written consent.
16.Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between us and Users shall be brought exclusively in a court of competent jurisdiction located in Toronto, Ontario, Canada.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the YIYANIQ Service, please contact us at: contact@YIYANIQ.com.