T&Cs USA

Website Terms of Use

FOR CUSTOMERS RESIDING IN THE U.S.A. ONLY

Introduction

The online purchase of any products or items on the website www.yves-salomon.com (hereafter, the “Website”) is subject to the prior knowledge and acceptance of these terms and conditions. These Website Terms of Use only apply to customers residing in the U.S.A.  All other customers should refer to [INSERT LINK TO FRENCH DOCUMENT]

YVES SALOMON FOURREUR - S.A.S. has a share capital of 1,080,000 Euros and has headquarters at 3, cité Paradis – 75010 PARIS, RCS Paris 552 032 328.

The US company is registered under the name :

YS HOLDING INC.

60 Broad Street, Suite 3502, New York, NY 10004 USA

 

 

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Yves Salomon Fourreur - S.A.S.  (”YSF”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “T&Cs”), govern your access to and use of www.yves-salomon.com, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the T&Cs carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [INSERT URL or LINK], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website, or place any orders.

This Website and the Products sold on the Website are  offered and available to users who are 18 years of age or older. By using this Website and/or placing an order, you represent and warrant that you are of legal age to form a binding contract with YSF and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or place any order. 

These T&Cs cover the terms according to which YSF handles selling products on its Website. They define the rights and obligations of the parties and apply to all sales made to buyers residing in the U.S.A.  (hereafter “Customers”), without restriction or reservation, and take precedence over all other purchasing terms and conditions and other Customer terms and conditions which may exist. It should be noted that, as regards orders of items online, the Customer’s agreement as regards these T&Cs does not require a handwritten signature. These T&Cs may be amended at any time, such amendments being binding for the parties and applying to all transactions from the moment they go live on the Website. [Any internet user can access the T&Cs from any Website page]. The Customer thereby recognizes that they are aware of the T&Cs. The T&Cs apply without restriction or reservation to all items available for sale on the Website. Any order placed through the Website is subject to the prior consultation and acceptance without reservation by the Customer of these T&Cs and the applicable tariffs. Completion of an order according to the order procedure laid out on the Website shall be understood as unreserved acceptance of these T&Cs. The acceptance of these T&Cs presumes that Customers have the necessary legal capacity to use the internet, or failing this that they have the authorization of a guardian or custodian if not legally capable, or from their legal representative if they are a minor. The internet user recognizes the evidential value of the Website publisher’s automatic registration systems and, unless able to provide evidence to the contrary, they waive the right to contest these in case of a dispute.

 

Changes to the T&Cs

We may revise and update these T&Cs from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. [However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.]

Your continued use of the Website following the posting of revised T&Cs, and/or placing an order thereafter, means that you accept and agree to the changes. You are expected to check this each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and Legal Notice and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these T&Cs.

Prior information to the Customer

The sale of items on the Website is exclusively reserved for retail sale and to private customers. The Website may, under no circumstances, be used by professional sellers, either working individually or in groups, and whatever the form of sale used for their items (internet, shopping mall, intermediary, physical stores in particular). The Customer recognizes and accepts as a result that items can only be purchased in quantities which correspond to the average needs of an individual consumer, and this applies to the number of items in a single order as well as to the number of individual orders in comparison to the normal quantity of an average consumer ordered for the same product. YSF reserves the right to refuse an order clearly made by a professional seller or a non-consumer.

All Customers declare themselves informed of the lack of reliability of certain networks, especially as regards secure transfer of data, a lack of guarantee in continuity of Website access, in performance in terms of volume and speed of data transfer and in virus spread. YSF hereby advises each Customer of the need to equip their computer or their hand-held or mobile device with security software and capabilities which will prevent the spread of viruses.

Remedy for a faulty or incorrect item (replacement or refund) or the exercise of a right of withdrawal, cannot be made directly in physical YSF store or in stores retailing YSF products. Customers are hereby informed that they must direct any complaints regarding Items purchased online on the Website to the Website. Similarly, an item purchased in any YSF store cannot be dealt with by our Website services.

Creation of a Customer Account

To order any items on our Website, a Customer must first create a customer account.

The creation of a customer account should be carried out by the Customer, by completing the form with their personal information. Their account is strictly personal to them, and allows them to log in prior to making each order.

When creating a Customer account, the Customer shall enter all information permitting their identification, taking sole responsibility and acting of their own free will, and shall provide complete, accurate and up-to-date information, without assuming the identity of a third party or concealing or changing their age.

When creating a Customer account, the Customer must choose their username (email) and password. If the username chosen already exists, the system will invite them to choose another. Usernames and passwords are personal and confidential. The Customer is solely responsible for these. The Customer shall keep their password secret and not share it for any reason and in any way. Should they suspect that their username or password is being used by a third party, the Customer should immediately notify YSF in order to change their password and/or choose to close their customer account.

YSF reserves the right to close any customer account and to consequently refuse any sales to a Customer for any reason, including but not limited to:

-           Failure to pay for one or several previous orders,

-           Improper, unfair or fraudulent use of the ordering service offered by the Website.

-           Failure to respect any of the Customer obligations outlined in the T&Cs.

-           Use of the Website and/or ordering for commercial purposes.

In this case, YSF will send an email to the Customer concerned using the address provided by them during the creation of their customer account informing them that their username and password have been disabled and their account closed.

Ordering and description of purchasing process

Prior to their order, the Customer shall ensure that they have informed themselves of the technical specifications of items on the Website.

Items are sold subject to their availability and to sufficient stocks. Should items be unavailable for more than 1 year following the order, the Customer may cancel their order without paying any fees and will be refunded the purchase price that was paid. The Company may offer an equivalent substitute product, which the Customer may accept subject to the price paid, or refuse.

The Customer is solely responsible for their choice of the items they wish to order.

The Customer can choose the article(s) to order by adding them to their “Shopping Basket.”

The Customer may at any time view a summary of the items they have selected by clicking on “View my Shopping Basket”. The Customer will have the possibility to remove one or several objects from their basket.

Having viewed their basket, the Customer can choose from the options “continue shopping” or “confirm order” by clicking on “proceed with order”.

To complete their order, the Customer can choose between “already a customer”, in which case they must enter their username/password to continue with their order, or if they have no account they must complete a form for billing purposes and to complete the order, to subsequently create an account. The Customer must confirm their delivery address, by confirming the information entered into the form, or by entering another address.

The Website will provide an “order summary”, and a choice of payment methods.

Once they have made their choice, the Customer can click the “complete order” button.

A message will then confirm the order, once payment has been approved, with an order summary including their Customer information, date and payment type.

An email will also be sent to the Customer confirming their order, which they should retain for their records. The Customer may also access their order summary from their customer account. The invoice relating to the order can be accessed by the Customer on their account.

The Customer shall be held responsible for any errors or consequences resulting from [incorrect information provided by Customer] including reshipping costs, which shall therefore be borne by them.

As regards the checks in place to combat fraud, YSF reserves the right to request proof of identity from the Customer to confirm the identity of the individual shown on the payment method used and, where necessary, to require they make payment of their order by bank transfer, something the Customer shall accept in advance. This verification procedure may lead YSF to request that the Customer provides proof of address (utility bill, internet bill, landline bill etc.) from the past 3 months. Failure to provide this information and the documents required as part of these checks will result in YSF’s express entitlement to cancel the order. YSF may also request written confirmation of the order in accordance with a procedure explained by email.

Any order implies the acceptance of the price and description of items available for sale.

In case of prolonged inactivity on the Website while the Customer is logged in, the contents of the Customer’s basket prior to this may not be saved. The Customer will be asked to start again with their order.

The sale shall not, however be considered definitive until the Customer has received confirmation of their YSF order, detailing the shipping of their items. Only shipped items shall be debited.

Price of Items

The selling price of items will appear in USD including delivery charges and are subject to change in the future.  This does not, however, rule out the eventuality of any errors regarding prices appearing on the Website.  In such a case, YSF will send the Customer an email to inform them of the error committed, and communicate the correct price for the product to them. If the correct price is greater than the incorrect price shown on the Website, the Customer may choose to cancel their order. If they do not wish to cancel, the order will be subject to an email correcting the error and informing the Customer of the correct price and requesting their express agreement to pay that price. Conversely, if the correct price is lower than the incorrect price shown on the Website, the order will remain valid but will be amended to show the correct price. The selling price of items may be modified at any time and shall apply to all orders made following online price updates.

Payment

Payment of the price of the product ordered is payable in its totality on the day of ordering and, where applicable, the day on which the product is reserved. Any incomplete payment or payment incident may lead to the cancellation of the order or reservation, with costs borne by the Customer. Payment of the price shall be made in in USD The Customer can make payment of their order using any of the payment methods specified on the Website: credit/debit card (debitcard, Mastercard, Visa, American Express) or PayPal. Failure to receive the Customer’s payment within seven (7) days will result in the cancellation of the order and resale of items on the Website. In case of fraudulent use of their credit/debit card, the Customer is invited, as soon as they become aware, to contact YSF customer services by email at the email address: contact@yves-salomon.com.

ITEMS REMAIN THE SOLE PROPERTY OF YSF UNTIL FULL PAYMENT OF THE PRICE.

Delivery and receipt

Items can only be delivered in Europe, the USA, to the address provided by the Customer at the time of ordering. The Customer must provide a telephone number where they can be contacted by the delivery agent YSF, and Customers must take every necessary step to ensure they can take receipt of the delivery. The Customer may choose from a number of available delivery options, some of which will incur additional costs.

Items will be delivered to the delivery address indicated by the Customer at the time of ordering, at the latest by the date indicated at the time of ordering and depending on the country of delivery.

YSF will attempt to deliver the order within 7 working days following the date of the order, and will use commercially reasonable efforts to deliver within 30 working days following full payment of the corresponding total cost of the order.

Delivery times are provided indicatively and may be subject to change, especially in cases of force majeure, temporary unavailability, etc. The Customer shall not hold YSF responsible for any failure to adhere to these delivery times. If the delivery time exceeds 30 days after ordering, the purchase may be cancelled and the Customer fully refunded.

Items ordered are presumed shipped and received in good order. The Customer must make any complaints to YSF in case of loss or damage of their order at the time of delivery within a maximum of 24 hours following the latter. Complaints must be explicit to allow YSF to assert their rights against the delivery company. Failing this, the complaint is null and void. Any complaints must also be addressed within the same timeframe to customer services at the Website by email or by recorded letter with proof of delivery. Any complaint must contain the Customer’s contact details, references of the product purchased and the reasons and motivations for the complaint accompanied by photos. A complaint number may be issued by YSF to process the claim. Should a product be returned without a complaint number and without a copy of the invoice (which must be provided) YSF cannot guarantee that the complaint will be processed as quickly as otherwise possible. The product must be returned in its original condition and packaging, unworn, with all original tags unremoved from the item of clothing, as well as with all accessories, which should be intact, without signs of use and in perfect condition. These conditions will determine the claim’s validity and ensure the product’s integrity and proof of the validity of the cause of the complaint. Failure to respect the aforementioned procedure and conditions will render the Customer’s claim null and void. The transport of returned Items is carried out at the risk and cost of the Customer.

Complaints regarding any delivery error relating to the order, or in case of delivery of a product which is faulty or in poor condition, must be made within a maximum of 48 hours following delivery. Beyond this timeframe, the Customer can no longer claim a delivery error or seek remedy for a delivered Product which is faulty or in poor condition.

Returns and refunds

Should a delivery not correspond to the Customer’s order, or if it has been damaged in transit, the Customer may return said item to YSF in accordance with the procedure below, which is also accessible on the Website.

All items purchased on the Website may be subject to refund except for those for which the opposite is stipulated (for example, personalized items).

Items purchased on the Website cannot be refunded in-store.

This refund procedure excludes all exchanges, so that the Customer is not subject to wait times and conditions of exchange procedures likely to cause major inconvenience to them.

No exchanges are permitted. Should the Customer wish to exchange a product, they must return it for refund according to the terms herein and purchase a new product of their choice on the Website.

Once returned items have been inspected, YSF will refund the Customer as soon as possible and no later than thirty (30) calendar days following the date of reception of the return package, to the payment method used by the Customer to pay for the Items.

The Customer’s refund request must be made within 14 days following the date of receipt of the items ordered, as evidenced by the postmark. Where the 14 day period expires on a Saturday, Sunday, bank holiday or non-working day, this is extended to the next working day.

The Customer shall return the product to YSF in its original condition (packaging, tags retained, copy of invoice, product unworn and without alterations).

YSF shall fully refund the Customer for items returned provided they have not been worn, used or damaged and that they are accompanied by their invoice and that the clothes have their original tags.

YSF reserves the right to refuse the return of any items which are not compliant with the aforementioned conditions.

To return articles already received the Customer must send the items by post using one of our approved delivery companies. In this case, the Customer shall, within 14 days following date of receipt of the Items ordered, send the relevant item using the returns label provided to be attached to the parcel with the following address: __________________________________________________________

Direct returns costs for the item are borne by YSF. The Customer must retain proof of the return. The refund will be made within fourteen (14) days following receipt by YSF of the items returned in perfect condition.

Please note: YSF accepts no responsibility in case of products returned using a method other than via the approved  delivery services and cannot make any refund if the product returned is not in identical condition to the one delivered.

Retention of title clause

YSF retains ownership of items sold until full and effective payment of the principal amount due and incidentals. Until full payment, the Customer shall not confer any pledge or guarantee on retained-title products or use them as a guarantee, and they must treat the Item from YSF on an individual basis.

These conditions are without prejudice to the transfer to the Customer, upon delivery of the product under these T&Cs, of all risks of loss and damage to the goods subject to the retention of title, as well as their liability for any damages caused. The Customer shall therefore take out insurance to cover the risks relating to the product from the receipt of the latter.

i.         

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NEITHER YSF NOR ANY PERSON ASSOCIATED WITH YSF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER YSF NOR ANYONE ASSOCIATED WITH YSF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, YSF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCTS SOLD ON THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.‌

Liability

YSF has an obligation of means for all stages in the order process as well as for stages subsequent to the contract’s conclusion (transport and delivery of products, for example).

YSF reserves the right to modify any information contained on the Website at any time and without warning.

YSF commits to describing items for sale on the Website as accurately as possible and to ensuring that information available on the Website is updated as effectively as possible.  YSF cannot, however, guarantee the accuracy, precision or completeness of information provided for Customers within the Website.  YSF cannot be held responsible for presenting items in such a way as does not permit the Customer to fully and accurately visualize them.

The Customer recognizes and accepts that the price of items is likely to vary between the Website and in-store, and that in no case shall this difference in price be grounds for a total or partial refund of items purchased either on the Website or in-store.

Furthermore, YSF cannot be held liable for damages caused by a specific network during an online purchase, such as loss of personal data, breaches, viruses, service interruption or other accidental issues.

Force majeure

The applicability of these T&Cs shall be suspended for the duration of any case of force majeure and processing and delivery times will be duly extended. YSF shall wherever possible endeavor to put a stop to the case of force majeure or to find a solution which allows it to honor its contractual obligations in spite of the case of force majeure, without any liability on its part in this respect.

If the case of Force Majeure continues for a duration of over 30 days, YSF may cancel the order without paying damages and interests or any kind of compensation.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by YSF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These T&Cs permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features [INSERT LINK TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the acYSFing text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@yves-salomon.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by YSF. Any use of the Website not expressly permitted by these T&Cs is a breach of these T&Cs and may violate copyright, trademark, and other laws.

Trademarks

The YSF name, the terms Yves Salomon, YS Army, Yves Salomon Homme, Yves Salomon Army, the YS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of YSF or its affiliates or licensors. You must not use such marks without the prior written permission of YSF. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these T&Cs. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate YSF, a YSF employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm YSF or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these T&Cs.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not YSF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the T&Cs, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for YSF.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these T&Cs.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS YSF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YSF/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER YSF/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and will not review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy and Legal Notice
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by YSF, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of YSF. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy and Legal Notice [INSERT AS LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Applicable law and jurisdiction

Only the law of the state of New York, U.S.A. shall apply to dealings between YSF and all Customers residing in the U.S.A..

Nullity

If any of the provisions of this contract prove null and void as regards a legal rule in force or a legal decision which has become final and enforceable, it shall therefore be deemed unwritten, without however voiding these T&Cs or altering the validity of the other provisions.

Non-waiver

The fact that either party has chosen not to invoke one or several of the clauses contained in these T&Cs, either temporarily or permanently, shall not remove their right to invoke any of the remaining T&Cs.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party Websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.

You may use these features solely as they are provided by us[,/and] solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other Website, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other Websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YSF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold harmless YSF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&Cs or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

This Website is accessible worldwide, however, these T&Cs apply only to Customers residing within the United States of America.

All matters relating to the Website and these T&C and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of Customer’s residence or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these T&C or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York  [in each case located in any of the five Boroughs of New York City]  [although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

At YSF’s sole discretion, it may require you to submit any disputes arising from the use of these T&Cs or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.]

[Limitation on Time to File Claims

[ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.]

Waiver and Severability

No waiver by YSF of any term or condition set out in these T&Cs shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YSF to assert a right or provision under these T&Cs shall not constitute a waiver of such right or provision.

If any provision of these T&Cs is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The T&Cs and our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and YSF regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

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