1.Yoomeyoo Portals and Content.
Through various Yoomeyoo websites and portals, including but not limited to Yoomeyoo Network, the Yoomeyoo Customer Support Portal, and the Yoomeyoo Customer Portal (collectively, “Yoomeyoo Portals”), Yoomeyoo, Inc. (“Yoomeyoo”) provides you—as a Yoomeyoo customer—with access to a variety of software, services, web pages, text, documents, and other works of authorship, images, graphics, audio and video content, forums, discussion groups, blogs, and other content (collectively, the Yoomeyoo Portals and foregoing content are referred to as “Yoomeyoo Content”).
2.Terms Applicable to Yoomeyoo’s Content.
The trademarks, logos, trade names, and service marks (“Marks”) displayed on Yoomeyoo Content are the property of Yoomeyoo or other third parties. You are not permitted to use these Marks without the prior written consent of Yoomeyoo or such third party which may own the Mark. Please see the Yoomeyoo Trademark Guidelines and Policies*, which govern any permitted use of Yoomeyoo Marks.
5.Use of Software.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6.Use of Content.
Yoomeyoo Content may contain information that is designated as “confidential,” and you agree not to disclose such information without Yoomeyoo’s prior written consent.
8.Submission of Ideas.
Yoomeyoo or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Yoomeyoo products or marketing strategies might seem similar to ideas submitted to Yoomeyoo. Please do not send your unsolicited ideas to Yoomeyoo or anyone at Red Hat. If despite our request that you not send us your ideas and/or materials, you still send them, please understand Yoomeyoo will not treat them as confidential or proprietary.
The Yoomeyoo Portals contain links to other websites and resources and are provided for convenience only. Yoomeyoo has not necessarily reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement byYoomeyoo of the website or their entities, products, or services.
10.Rules of Conduct.
Your use of Yoomeyoo Content is subject to all applicable laws and regulations, and you agree not to violate such laws and regulations. Any attempt to deliberately damage a Yoomeyoo Portal or Yoomeyoo Content is a violation of criminal and civil laws. Yoomeyoo reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through a Yoomeyoo Portal any material or content that violates or infringes in any way the rights of others or solicits, encourages, or promotes the use of illegal substances or activities; which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability, or otherwise could violate any applicable law.
You may not engage in any activity on a Yoomeyoo Portal that restricts or inhibits any other user from using or enjoying the Yoomeyoo Portal or Yoomeyoo Content, whether by “hacking,” “cracking,” “spoofing,” or defacing any portions of a Yoomeyoo Portal. You agree not to attempt to gain unauthorized access to any parts of a Yoomeyoo Portal or any user accounts, computer systems, or networks. Access to and use of password-protected or secure areas of a Yoomeyoo Portal is restricted to authorized users only. You agree not to access or use a Yoomeyoo Portal in any manner that could damage, disable, overburden, or impair (or interfere or attempt to interfere with the proper working of) any user accounts, Yoomeyoo computer systems, or Yoomeyoo networks.
You may not post or transmit through a Yoomeyoo Portal any advertising or commercial solicitations; promotional materials relating to services that are competitive with Yoomeyoo; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other potentially harmful or disruptive components; political campaign materials; chain letters; mass mailings; or spam mail. You may not use any robot, spider, site scraper, or other automatic device or process to retrieve, index, “data mine,” or otherwise access Yoomeyoo Content. You may not harvest, collect, or use information about Yoomeyoo Portal visitors.
11.User Name and Password.
You may not select a user name that impersonates someone else, is intended to disguise the user’s identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Yoomeyoo reserves the right to reject any user name in our sole discretion. You agree (1) not to share your password(s), account information, or access to Yoomeyoo Content and (2) that you are responsible for maintaining the confidentiality of password(s) and account information and for all activities that occur under your password(s) or account(s) or as a result of your access to a Yoomeyoo Portal. You agree to immediately notify Yoomeyoo of any unauthorized use of your account or any other breach of security. Yoomeyoo will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
13.Rights in Your Content.
By displaying, publishing, and/or making available for download and use of any content, you represent and warrant that you are the owner of all rights in the content. You further grant Yoomeyoo a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute the content which you submit, post, or display on or through a Yoomeyoo Portal. You agree that this license includes a right for Yoomeyoo to make such content available to other companies, organizations, or individuals with whom Yoomeyoo has relationships for the provision of services and to use such content in connection with the provision of those services. You understand that Yoomeyoo may (a) transmit or distribute the content over various public networks and in various media; and (b) make such changes to the content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit Yoomeyoo to take these actions. You confirm and warrant to Yoomeyoo that you have all the rights, power, and authority necessary to grant the above license.
THE FOLLOWING SHALL APPLY EXCEPT WHERE EXPRESSLY PROHBITED BY APPLICABLE LAW. YOOMEYOO PORTALS AND YOOMEYOO CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF YOOMEYOO CONTENT IS AT YOUR OWN RISK. YOOMEYOO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF YOOMEYOO CONTENT. YOOMEYOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF A YOOMEYOO PORTAL IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR FUNCTIONALITY THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON A YOOMEYOO PORTAL OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY YOOMEYOO AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
17.Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER RED HAT NOR ITS AFFILATES IS LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH A RED HAT PORTAL OR RED HAT CONTENT, EVEN IF RED HAT OR ITS AFFILATES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE RED HAT PORTAL OR RED HAT CONTENT; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A RED HAT PORTAL, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) RED HAT CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Any personal information collected on a Yoomeyoo Portal may be accessed and stored globally and will be treated in accordance with the Yoomeyoo Privacy Statement.
19.Term and Termination.
22.Notice and Procedure for Making Claims of Copyright Infringement.
To file a notice of infringement with us, please provide the following information to the Yoomeyoo-designated copyright agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of the material that you claim is infringing the copyrighted work listed in item #1.
- An address, telephone number, and an email address where the alleged infringing party can contact you.
- The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your electronic or physical signature.
To file a counter notification with us, please provide the following information to the Yoomeyoo-designated copyright agent listed below:
- A description of the material that Yoomeyoo has removed or to which Yoomeyoo has disabled access.
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Wake County, North Carolina, if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your electronic or physical signature.