By accessing Yenexpress.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Tmgottalent.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
3. Username and Password. During registration, you will be asked to choose a username, password and security questions and answers for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username, password and security questions and answers you use to access this Website. You authorize https://yenexpress.com to assume that any person using the Website with your username, password and/or security questions and answers is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
YEN EXPRESS BILLING AND PAYMENT SERVICES
· Credit Card, PayPal and other Payment Methods. You hereby authorize https://yenexpress.com to store credit card or other Payment Method details as a method of payment for Services, and to charge your credit card (or any other Payment Method authorized by Tmgottalent.com or mutually agreed to between you and https://yenexpress.com.
- Agreement to Pay. If, for any reason, https://yenexpress.com does not receive payment for any amounts that you have authorized to be paid through your use of the Tm Got Talent Billing and Payment Services, you agree to pay such amount immediately upon demand by https://yenexpress.com . You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Tmgottalent.com in collecting from you the authorized but unpaid amount. In such case, https://yenexpress.com may, at its option, stop processing any further payments made by you and apply any amounts then held by https://yenexpress.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the yenexpress.com Billing and Payment Services.
- DISPUTE SERVICES
- Eligibility. https://yenexpress.com offers the Dispute Resolution Service to those Registered Users that have requested https://yenexpress.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) pursuant to a job posting by an Employer through the Website, (ii) pursuant to a bid for by a Freelancer through the Website for such job posting and (iii) pursuant to an acceptance through the Website by the Employer for such bid.
- REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
· not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
· to be fully responsible and liable for any action of any user who uses your Account.
· not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
· not to allow any third party who is not authorized to do so to use your Account at any time.
· not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
· not to intercept or expropriate any system, data or personal information from the Website.
· not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
· that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
· that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
9. Warranty Disclaimer. THE SERVICES PROVIDED BY https://yenexpress.com OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE TIME IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Indemnity. You agree to defend, hold harmless and indemnify https://yenexpress.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by https://yenexpress.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against https://yenexpress.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Tm Got Talent Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User.
- MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. https://yenexpress.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of https://yenexpress.com. No delay or omission by https://yenexpress.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.