Definitions
1. "GoYeah" means the features and services as making available by GO Yeah Limited, including through (a) its website at www.goyeah.com and any other GoYeah branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) Services; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed;
2. "User" means anyone who has registered with or accessed to GoYeah and/or Services;
3. "Services" means a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve Contents from GoYeah or provide Contents to GoYeah.
4. "Personal Information" means facts, information User provides to GoYeah or actions take while exploiting the Services;
5. "Elements" means anything User Uploads on GoYeah other than Personal Information;
6. "Contents" means Elements and Personal Information that third parties can retrieve from GoYeah or provide to GoYeah through the Services.
7. "Upload" means Contents upload to GoYeah or otherwise make available to GoYeah (such as by using an Function).
8. "Function" means any Function or website (including Connect sites) that uses or accesses Services, as well as anything else that receives Contents.
Privacy
Users’ privacy is very important to GoYeah. GoYeah designed its Privacy Policy to make important disclosures about how Users can use GoYeah to share with others and how GoYeah collects and can use Users’ Contents. GoYeah encourages Users to read the Privacy Policy, and to use it to help make informed decisions.
Registration and Account Security
Users provide their real names and Personal Information, and GoYeah needs Users’ help to keep it that way. Here are some commitments Users make to GoYeah relating to registering and maintaining the security of their account:
1. Users will not provide any false Personal Information on GoYeah, or create an account for anyone other than themselves without permission.
2. Users will not use their personal profile for their own commercial gain (such as selling their status update to an advertiser).
3. Users will keep their Personal Information accurate and up-to-date.
4. Users will not share their password, let anyone else access their account, or do anything else that might jeopardize the security of their account.
5. Users will not transfer their account to anyone without first getting GoYeah’s written permission.
6. If Users select a username for their account GoYeah reserves the right to remove or reclaims it if GoYeah believes appropriate (such as when a trademark owner complains about a username that does not closely relate to a Users’ actual name).
Safety
GoYeah endeavors to keep GoYeah safe, but GoYeah cannot guarantee it. GoYeah needs Users’ help to do that, which includes the following commitments:
1. Users will not send or otherwise Uploads unauthorized commercial communications (such as spam) on GoYeah.
2. Users will not collect Elements or Personal Information, or otherwise access GoYeah, using automated means (such as harvesting bots, robots, spiders, or scrapers) without GoYeah’s permission.
3. Users will not engage in unlawful multi-level marketing, such as a pyramid scheme, on GoYeah.
4. Users will not upload viruses or other malicious code.
5. Users will not solicit login Personal Information or access an account belonging to someone else.
6. Users will not bully, intimidate, or harass any user.
7. Users will not Uploads Elements that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
8. Users will not develop or operate a third party Function containing, or advertise or otherwise market alcohol-related or other mature Elements without appropriate age-based restrictions.
9. Users will not offer any contest, giveaway, or sweepstakes on GoYeah without GoYeah’s prior written consent.
10.Users will not use GoYeah to do anything unlawful, misleading, malicious, or discriminatory.
11.Users will not do anything that could disable, overburden, or impair the proper working of GoYeah, such as a denial of service attack.
12.Users will not facilitate or encourage any violations of this Standard Terms and Conditions.
Content Sharing
Users own all of the Elements and Personal Information they upload on GoYeah, and Users can control how it is shared through their privacy and Function settings. In addition:
1. For Elements that is covered by intellectual property rights, like photos and videos ("IP Elements"), Users specifically give GoYeah the following permission, subject to Users’ privacy and Function settings: Users grant GoYeah a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Elements that Users upload on or in connection with GoYeah ("IP License"). This IP License ends when Users delete their IP Elements or Users’ account unless their Elements have been shared with others, and they have not deleted it.
2. When Users delete IP Elements, it is deleted in a manner similar to emptying the recycle bin on a computer. However, Users understand that removed Elements may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When Users add a Function and use Services, Users’ Elements and Personal Information is shared with the Function. GoYeah requires Functions to respect Users’ privacy settings, but Users’ agreement with that Function will control how the Function can use the Elements and Personal Information Users share.
4. [When Users publish Elements or Personal Information using the "everyone" setting, it means that everyone, including people off of GoYeah, will have access to that Personal Information and GoYeah may not have control over what they do with it.] [Legal: would we have “everyone” function in GoYeah?]
5. GoYeah always appreciate Users’ feedback or other suggestions about GoYeah, but Users understand that GoYeah may use them without any obligation to compensate Users for them (just as Users have no obligation to offer them).
Protecting Third Party Rights
GoYeah respects third party’s rights, and expect Users to do the same.
1. Users will not Upload Elements or take any action on GoYeah that infringes or violates third party's rights or otherwise violates the law.
2. GoYeah can remove any Elements or Personal Information Users Upload on GoYeah if GoYeah believes that it violates this Standard Terms and Conditions.
3. If Users repeatedly infringe third party's intellectual property rights, GoYeah will disable that Users’ account when appropriate.
4. Users will not use GoYeah’s copyrights or trademarks (including GoYeah, and GoYeah Logo), or any confusingly similar marks, without GoYeah’s written permission.
5. If Users collect Personal Information from other users, Users will: obtain their consent, make it clear they (and not GoYeah) are the one collecting their Personal Information, and Uploads a privacy policy explaining what Personal Information they collect and how they will use it.
6. Users will not Uploads anyone's identification documents or sensitive financial information on GoYeah.
7. GoYeah can make changes for legal or administrative reasons upon notice without opportunity to comment.
Termination
If Users violate the letter or spirit of this Standard Terms and Conditions, or otherwise create possible legal exposure for GoYeah, GoYeah can stop providing all or part of GoYeah to the Users.
Disputes
1. Users will resolve any claim, cause of action or dispute ("Claim") Users have with GoYeah arising out of or relating to this Standard Terms and Conditions or GoYeah exclusively in a court located in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). This Standard Terms and Conditions, as well as any Claim that might arise between Users and Go Yeah, shall be governed by and construed in all respects in accordance with the laws of Hong Kong.
2. If anyone brings a Claim against GoYeah related to Users’ actions, Elements or Personal Information on GoYeah, Users will indemnify and hold GoYeah harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such Claim.
Other
1. This Standard Terms and Conditions make up the entire agreement between the parties regarding GoYeah, and supersede any prior agreements.
2. If any portion of this Standard Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If GoYeah fails to enforce any of this Standard Terms and Conditions, it will not be considered a waiver.
4. Any amendment to or waiver of this Standard Terms and Conditions must be made in writing and signed by GoYeah.
5. Users will not transfer any of Users’ rights or obligations under this Standard Terms and Conditions to anyone else without GoYeah’s consent.
6. All of GoYeah’s rights and obligations under this Standard Terms and Conditions are freely assignable by GoYeah to any third party.
7. Nothing in this Standard Terms and Conditions shall prevent GoYeah from complying with the law.
8. This Standard Terms and Conditions do not confer any third party beneficiary rights.
