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YellowDog Index End User License Agreement

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YellowDog Index

Terms of Use

Effective from: June 23rd, 2020

These terms and conditions (“Terms of Use”) apply to your access to and use of the YellowDog Index https://index.yellowdog.co. Your use of the YellowDog Index is also subject to the yellowdog.co Privacy Policy which can be viewed here - https://yellowdog.co/privacy-policy/. Please review the Privacy Policy to understand the controls in place to protect the privacy and security of your information.

By accessing and using the YellowDog Index, you acknowledge that you understand and agree to these Terms of Use. If you do not agree to the Terms of Use, you should stop accessing and using the YellowDog Index immediately.

Changes to these Terms of Use

We reserve the right to change these Terms of Use at any time, and without any notice to you, by putting new or revised Terms of Use on our website.

Access to the YellowDog Index

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the YellowDog Index.

Access to the YellowDog Index is provided free-of-charge. We may, at any time and without any notice to you, restrict access to or use of certain features, parts or content of the YellowDog Index, or the entire YellowDog Index.

Operation of the YellowDog Index

We cannot guarantee the continuous, uninterrupted or error-free availability or operability of the YellowDog Index. There may be times when all of, or certain features, parts or content of, the YellowDog Index, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the YellowDog Index, or any features, parts or content of the YellowDog Index.

What you are allowed to do

You may use the YellowDog Index only for your own non-commercial personal use and only in accordance with these Terms of Use. If you wish to use the YellowDog Index for commercial use then contact YellowDog on info@yellowdog.co.

Subject to the provisions of these Terms of Use, you may retrieve and display content from the YellowDog Index on a computer or mobile device, print pages from our Website and store the YellowDog Index in electronic form. What you are not allowed to do Except as set out in these Terms of Use, you are not allowed to:

  • create (whether for yourself or someone else) any product or service which uses or is otherwise based upon the content or data represented in the YellowDog Index;
  • re-publish, re-distribute or re-transmit the YellowDog Index;
  • copy or store any content or data of the YellowDog Index other than as may occur incidentally in the normal course of use of your browser or mobile device;
  • copy or store any content or data of the YellowDog Index on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the YellowDog Index;
  • remove or change any content or data of the YellowDog Index or attempt to circumvent security or interfere with the proper working of the YellowDog Index or any servers on which it is hosted;
  • create links to the YellowDog Index from any other website, without our prior written consent, although you may link from a website that is owned and operated by you provided that (a) the link is not misleading or deceptive and fairly indicates its destination, (b) you do not state or imply that we endorse you, your website, or any products or services you offer, (c) you do not create any misimpression or confusion among users with respect to sponsorship or affiliation, (d) you link only to the home page of our Website (and you do not frame, replicate or use “YellowDog,” “YellowDog Index”, or any variations as a metatag), and (e) the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; or
  • otherwise do anything with respect to the YellowDog Index that it is not permitted by these Terms of Use.

You must use the YellowDog Index and anything available via the YellowDog Index only for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these Terms of Use will terminate immediately in the event that you breach or fail to comply with any of these Terms of Use.

To do anything with the YellowDog Index that is not expressly permitted by these Terms of Use, you will need a separate licence from us, YellowDog. Please contact us via info@yellowdog.co.

Intellectual property rights

All intellectual property rights in the YellowDog Index relating to data processing and presentation are owned by YellowDog. Nothing contained in the YellowDog Index should be interpreted as granting any licence or right to use any of the trademarks and service marks represented in the YellowDog Index for any purpose without the prior written consent of the lawful owner. Unauthorised use of the trademarks or service marks or any information represented in the YellowDog Index is strictly prohibited and may violate trademark, copyright or other applicable laws. If you print off, copy or store the YellowDog Index (which you may do only as permitted by these Terms of Use), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

Content and its intended use

We may change the format and content of the YellowDog Index at any time without notice to you. You agree that your use of the YellowDog Index is on an ‘as is’ and ‘as available’ basis and is at your sole risk. Whilst we try to make sure that all information contained in the YellowDog Index is correct, it is not, and it is not intended to be, any authority or advice on which any reliance should be placed. The YellowDog Index is not intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or in relation to, any purchase or other decision or purchase from any third party. We do not accept any liability (regardless of how it might arise) for any claim or loss arising from:

  • any decision made; or
  • any purchase made or effected from any third party;

in reliance on, or on the basis of, the YellowDog Index, nor do we accept any liability arising from any other use of, or reliance on, the YellowDog Index.

We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the YellowDog Index and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the YellowDog Index or relying on any of its content. We do not guarantee that any content of the YellowDog Index will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

The YellowDog Index may include links to external websites. We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We accept no liability and provide no representation or warranty (whether express or implied) as to (a) the completeness or accuracy of any information contained in any external websites and (b) the operators of, or the products or services contained or available through, such websites. We are not responsible for the content of such websites or for anything provided by or through them, and we do not guarantee that they will be continuously available. The fact that we include links to external websites does not indicate or imply any endorsement of, or association with, their operators.

Our liability to you

Nothing in these Terms of Use will limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to the above:

  • if you are a consumer, in no event will we be liable to you for any business losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable
  • if you are a trader, in no event will we be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable) arising under or in connection with you use of, or inability to use, the YellowDog Index or use of or reliance on any content or data represented in the YellowDog Index. In particular, we will not be liable for indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

The terms consumer and trader have the meanings given to them in the UK Consumer Rights Act 2015.

Severability

If any provision of these Terms of Use is deemed unlawful or unenforceable, then that provision will be treated as deleted from these Terms of Use and will not affect the enforceability of the remaining provisions.

Governing law and jurisdiction

These Terms of Use will be governed by English law, and you agree that any dispute between us regarding them or the YellowDog Index will be dealt with only by the English courts, except that, if you are a consumer and not a trader (as defined above) and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing will prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these Terms of Use or any problems concerning the YellowDog Index to us using the following contact information:

YellowDog Limited is registered in England and Wales with company number 09381071.

Its registered office is The Engine Shed, Station Approach, Bristol, BS1 6QH, UK

Its mailing address is Runway East, 1 Victoria Street, Bristol, BS1 6AA, UK.

Telephone (+44) 0330 223 2499.

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