Terms of Use
Yellow Brick Place Terms of Use Policy
Effective April 1, 2022
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also contained within this reference.
The terms “we,” “us,” or “our” shall refer to Yellow Brick Place. The terms “you,” “your,” “User,” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall confer any third-party rights or benefits.
In our sole and absolute discretion, we may change or modify this Agreement, any policies or agreements incorporated herein, and any limits or restrictions on the Services at any time. Such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you disagree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
You will not use this Site or the Services in a manner (as determined by Yellow Brick Place in its sole and absolute discretion) that:
- Is illegal or promotes or encourages illegal activity.
- Promotes encourages, or engages in the exploitation of children or any activity related to the proliferation of child sexual abuse material (CSAM).
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
- Promotes, encourages, or engages in any spam or other unsolicited bulk email or computer or network hacking.
- Infringes on the intellectual property rights of another User or any other person or entity.
- Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language or unsubstantiated or comparative claims regarding Yellow Brick Place or Yellow Brick Place’s Events, Services, or Programs.
- You will not perform any false, abusive, or fraudulent activity. You will not perform any action that imposes or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
- You will not copy or distribute any part of this Site or the Services in any medium, except where expressly authorized by Yellow Brick Place.
- You will not modify or alter any part of this Site, the Programs or Services found at this Site, or any related technologies.
- You will not access Yellow Brick Place Content (as defined below) or User Content through any technology or means other than through this Site itself or as Yellow Brick Place may designate.
- You will not circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Yellow Brick Place Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Yellow Brick Place Content or the User Content therein.
- Without limiting any of the rights set forth elsewhere in this Agreement, Yellow Brick Place expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (to any User (i) who was previously terminated or suspended, whether due to breach of this or any other Agreement or any Yellow Brick Place policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Yellow Brick Place in its sole and absolute discretion).
- If Yellow Brick Place, in its sole discretion, determines that any conducted activity is fraudulent, Yellow Brick Place reserves the right to take any necessary legal action, and you may be liable for monetary losses to Yellow Brick Place, including litigation costs and damages.
REFUND POLICY
- Products, sponsorships, and event purchases in any capacity are not refundable and will be considered a donation to Yellow Brick Place.
LINKS TO THIRD-PARTY WEBSITES
- This Site and the Services found at this Site may contain links to third-party websites not owned or controlled by Yellow Brick Place. Yellow Brick Place assumes no responsibility for any third-party websites’ content, terms, conditions, privacy policies, or practices. In addition, Yellow Brick Place does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Yellow Brick Place from any liability arising from your use of any third-party website. Accordingly, Yellow Brick Place encourages you to be aware when you leave this Site or the Services found at this Site and review the terms and conditions, privacy policies, and other governing documents of each other websites you may visit.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
- YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS, “ “AS AVAILABLE,” AND “WITH ALL FAULTS. “ YELLOW BRICK PLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YELLOW BRICK PLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND YELLOW BRICK PLACE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
- IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE IS PROVIDED BY YELLOW BRICK PLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND CONCERNING THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- THE PRECEDING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
LIMITATION OF LIABILITY
- IN NO EVENT SHALL YELLOW BRICK PLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT YELLOW BRICK PLACE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall confer any third-party rights or benefits.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to benefit the parties hereto and their respective heirs, successors, and assigns.
INDEMNITY
You agree to protect, defend, indemnify and hold harmless Yellow Brick Place and its officers, directors, employees, agents, volunteers, and third-party service providers from and against any claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Yellow Brick Place directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
For more information or to report abuse, contact:
Yellow Brick Place
2959 Canfield Rd., Suite 10
Youngstown, OH 44511
234-228-9550
info@yellowbrickplace.org