Yuave UK Ltd. (together with its affiliates, “Yuave”) grants you a limited licence to access and make personal, non-commercial use of our website (the “Site”) and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of Yuave. Our grant of this limited licence does not include, without limitation: (1) any right of resale or commercial use of the Site or any of its content; (2) the collection and use of any service or product listings or descriptions; (3) making derivative uses of the Site or any of its contents; (4) use of any data mining, “spiders,” “robots,” “wanderers,” or similar data gathering and extraction methods; or (5) any access to, or attempt to access, any materials or information on this Site through any means not purposely made available by Yuave, including but not limited to bypassing the navigational structure of the Site. Except as noted above, Yuave does not grant to you any right or licence by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of Yuave or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
Because the Site serves a number of functions, including registration for and access to Yuave Services, your use of the Site also may be governed by other agreements. The terms and conditions of those agreements are in addition to the terms set forth herein. In the event that the Site terms contradict terms set forth in a specific Yuave Service agreement, the relevant Service agreement shall prevail.
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, the Yuave® and Yuave® affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright © Yuave and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Yuave or affiliated copyright owner. Yuave and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of Yuave or its affiliated copyright owner, (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
You may not frame, enclose, or otherwise use any Yuave or Yuave affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of Yuave or its affiliates. See the Copyright and Trademarks and Service Marks sections above for further information.
Subject to the restrictions in this Agreement, including without limitation those in the Limited Licence section above, Yuave grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of this Site so long as your link does not portray Yuave or any of its Services in a false, misleading, or otherwise defamatory manner. You may not use a Yuave design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of Yuave. Yuave reserves the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage.
Yuave makes no representation that materials on its Site(s) are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United Kingdom or the country in which you reside.
Yuave’s Privacy Notice describes how Yuave handles personal information, including information that may be obtained when you access the Site. The Privacy Notice is available at https://yuave.com/privacy-policy.
This Agreement and your use of the Yuave Services shall be governed by and construed under the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts and the state and federal courts of the State of California, United States located in the County of San Francisco.
Notwithstanding the above, in the event of any dispute, claim, question or disagreement between you and Yuave (“Dispute”), you and Yuave shall first use all reasonable endeavours to settle the dispute, claim, question, or disagreement informally. To this end, you and an authorised member of Yuave’s legal department (or other representative of Yuave designated by the legal department) shall consult and negotiate with each other in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither you nor Yuave shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations or following our dispute resolution policy as outlined in our Code of Practice.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
Access to this Site is provided “as is” and “as available,” and Yuave does not guarantee that the Site is or will be accurate, complete, or free of computer viruses or other harmful components. Yuave makes no warranties, express or implied, including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose or any similar warranty, whether said warranty arises under provisions of any law of England and Wales or any other country. To the fullest extent permitted by law, no advice or information, whether oral or written, obtained by you from Yuave, its employees, or through or from the Services shall create any warranty not expressly stated in these terms and conditions.
Nothing in this Agreement excludes Yuave’s liability for death or personal injury caused by Yuave’s negligence or the negligence of Yuave’s employees or agents, or for fraudulent misrepresentation.
To the fullest extent permitted by law, in no event shall Yuave be liable to you or any third party for direct, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Yuave’s total liability for any and all damages, regardless of the form of the action, shall be limited and capped in their entirety to the total amount of fees paid in the calendar year preceding the year in which the events giving rise to the action or claim first occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply in any and all circumstances. 13. Third-Party Rights
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of Yuave and its affiliates and its and its affiliates’ its officers, directors, employees, agents, licensors, contractors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Any failure by Yuave to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between Yuave and a user of this Site nor trade practice shall act to modify any provision of this Agreement. Yuave may assign its rights and duties under this Agreement to any party at any time without notice to you.