Terms & Conditions

Last updated: July 28, 2017

Yarn, Inc. (hereinafter referred to as “Yarn Team”, ‘we” and related terms) is the developer of this website [www.yarnteam.com] as well as the services rendered by or via the aforementioned website to persons whom these Terms and Conditions concern. Yarn Team’s Terms and Conditions as well as its Privacy Policy determine how you can use this website and the services Yarn Team delivers.

These Terms and Conditions define this website and the website that might replace this website in the future as the “Site” and the software we developed as the “Software”. The Software encompasses the implementation of the Yarn Team API by you as well as any third parties which you have authorized to do so via your Yarn Team account and which can access your User Content via the Yarn Team API due to your authorization.

These Terms and Conditions define any services rendered by or with the help of the Software as the “Services”.

Please thoroughly consult these Terms and Conditions before signing up to the Services. By using the Services, you recognize that you have consulted and understood these Terms and Conditions and consent to be governed by them as well as any policies and regulations related to them as the legally binding agreement. If you do not fully consent to these Terms and Conditions, you may not sign up to the Services.  

At its own discretion, Yarn Team is entitled to modify or in any other way change these Terms and Conditions as well as any policies and regulations related to them at any time. If Yarn Team chooses to make such amendments, we shall take reasonable steps to notify you about these changes via email to the email address you specified while registering for the Services, if any, or publish an appropriate notice in your account.  

Any amendments will come into force instantly upon being published on this Site, unless otherwise governed. If you keep using the Software after these changes have come into effect, you express your agreement to act in terms of and as defined by the new Terms and Conditions. You shall consult with these Terms and Conditions as well as any policies and regulations related to them periodically to ensure that you comprehend the guidelines that govern how you can use the Services. You will always be able to see the “Last updated” date at the beginning of this page.

If you do not consent to the revised Terms and Conditions, you are required to stop using the Services. With no further liability, you can terminate your subscription with us. The exception concerns the available funds in your account which are used to pay for the billing period during which you terminated your subscription. If you use a monthly billing period, we will set your account to stay accessible till the closest end of the month upon termination. Should you have any questions with regards to the Terms and Conditions, you can contact us via info@yarnteam.com.

These Terms and Conditions define Yarn Team’s customers and the persons whom customers provide with the access to their Yarn Team account as “Subscribers”. The clients of our customers who use the Services (e.g., to make payments as per Subscribers’ invoices) are referred to as “Customers”. These Terms and Conditions define Subscribers, Customers, people who leave feedback through the Site and website visitors as “Users”.

The Services are rendered exclusively for your own use. You shall not resell or in any other way share these Services with any other party, except in cases when this is expressly allowed.

The Services are rendered under the age restrictions. Persons under 18 (eighteen) years of age are not entitled to use the Services. In case we identify that a User is a minor (under 18 (eighteen) years of age), we will cancel a User’s subscription.  

1. Privacy Policy

Please read Yarn Team’s Privacy Policy to learn how Yarn Team gathers, uses and discloses personal information about its Users. You consent to the procedures we apply to gather, use and disclose personal information about our Users as per our Privacy Policy by using the Services.

Yarn Team’s Software may incorporate technical capabilities to track, record and notify the Yarn Team about the implementation of the Software including, but not limited to, the data with regards to the devices Users use to get access to the Software as well as the frequency and manner in which the Software is used (hereinafter collectively referred to as the “Usage Data”). You consent to the fact that, at its own discretion, Yarn Team may gather and use the Usage Data to run and enhance Yarn Team Software and administer Yarn Team rights and responsibilities as defined by these Terms and Conditions. To the degree in which the applicable law defines User Data as the personal information, you herewith: (1) agree to the procedures Yarn Team implements to gather, use and disclose User Data for their own purposes; (2) guarantee that you have the agreement of any person, whom Usage Data with regards to the Yarn Team’s procedures to gather, use and disclose Usage Data for their own purposes, concerns, or that such an agreement of the persons in questions is not mandatory under the applicable law.

2. Registration Information & Account Security

If you sign up for the Services, you consent to (1) use concise, true and full information as per what the registration for the Services might require (further referred to as the “Registration Data”); and (2) instantly update your Registration Data, should you change it.  

You consent to ensure that your login credentials including passwords and API keys are intact and secure at all times. You are required to promptly communicate to the Yarn Team with regards to any unauthorized use of your login details. Any activity or changes made to your Yarn Team account belong to the area of your responsibility. Your login credentials are owned by Yarn Team and may be cancelled if you disclose them to any third party in a way other than expressly allowed by these Terms and Conditions, undermine them or violate these Terms and Conditions or in case Yarn Team suspends its API terms and conditions.

Prerequisites towards using the Services require you to consent to the following:

not take any actions which can damage the security and functionality of Yarn Team’s systems, or, in cases when the Software is hosted by a third party, the systems of the third party in question;

not deploy/misuse the Software or Services in a manner that would undermine the operability of the Software as well as other systems through which the Software is provided or undermine the capacity of other persons to access and use the Services or Software;

not take any actions to get illegal access to any information or system which hosts the Software or Services except the one that you can already access as expressly allowed to you;

not communicate any files that may undermine any other party’s devices, gratuitous content or any other information that violates the law including information which is protected by copyright and which you are not entitled to use;

not take any actions to replicate, modify, disassemble or reverse engineer any computer systems and programs through which the Services are delivered unless such actions are called for by the need of basic operability.

3. Fees & Taxes

All fees for using the Software are specified on this Site and are subject to occasional change. If the prices are changed, we will notify you 30 (thirty) days prior to activating the changes. If you continue using the Software after the new pricing comes into effect, we will take this as your consent to use the Software for the revised fees. At the same time, any changes in the pricing policy will not come into force during the billing period in which such changes are introduced.  

You are responsible for paying for all stamps and Yarn Team does not provide refunds for these costs.

Please note that we commit ourselves to creating and delivering a flawless Site and Services, yet this does not exclude any mistakes with regards to the content. For this reason, we are entitled to fix these mistakes at any time. Pricing is indicated and the Services are paid for in USD excluding any applicable taxes and charges including, but not limited to, QST, GST, HST, PST which will be charged separately. Please note that you are liable to pay the applicable taxes levied by your jurisdiction.

4. Copyright

These Terms and Conditions define any content accessible via the Services including all images, logos, designs, sound tracks, graphics and other files as well as their groups as the “Content”. Any Content added by Users, be it Customers, Subscribers or Users, is referred to as the “User Content”. For instance, if a Subscriber adds information about their Customers’ timesheet data entry, this Content is defined as User Content of a Subscriber; if a Customer provides data on payments, it is defined as User Content of a Customer; if a User leaves their feedback via the Site, it is defined as User Content of a User.  

User Content is owned exclusively by a User. With regards to the User Content, Yarn Team can only exercise the rights as expressly provided by these Terms and Conditions which are outlined in Section 5 and 17 of these Terms and Conditions.

Except the User Content, Yarn Team and its licensors are exclusive owners of the Software and Content used as part of or with regards to the Services including the Yarn Team API, and, as such owners, are being protected by the US and international copyright laws. All rights with regards to the Software, Content and Services are reserved. Likewise, all trademarks including registered ones, company and product names and logos used in connection with the Software exclusively belong to their owners. Any mention of any companies, services, products or other third parties by their name, manufacturer, supplier, trademark or otherwise does not suggest their endorsement by Yarn Team.  

All Users are responsible for their User Content. Yarn Team cannot be held accountable for User Content, not for the loss or damage it can cause others to incur. While Yarn Team has no responsibility to monitor, edit or delete any User Content, we reserve the right to do so without notifying a User for any reason and at any time. It is your responsibility to make and store copies of the User Content you add to the Services. If you provide third parties with access to your User Content via the Services as well as via Yarn Team API, you understand and agree that we will provide your User Content to the third parties in question and shall bear no responsibility with regards to how these third parties handle your User Content.   

5. Limitation of license for User Content to Yarn Team

Although Yarn Team does not own nor claims to own any of your User Content, we nevertheless reserve the right to use User Content to a degree required to maintain the Site and render the Services, currently and in the future. For instance, if you leave feedback on the Site’s blog, we will use your license to make your User Content visible to other viewers and we reserve the right to sublicense your User Content to other Users in order for them to be able to read it. With regards to the Subscribers who fill out timesheet data for Customers, we will use Subscribers’ licenses to render the Services and sublicense User Content to Customers so they can view it.

Thus, by adding or publishing User Content to and via the Services, you (1) entitle Yarn Team and its sublicensees to use, publish, execute, replicate, modify, change, translate, promote and develop derivative projects with User Content for the aims for which Yarn Team occasionally uses such User Content, and to do so in a royalty-free and non-exclusive manner; (2) guarantee that (i) you are an exclusive owner of copyright to the User Content you add or publish to the Services, or you are legally entitled to do so; and (ii) adding or publication of your User Content will not violate these Terms and Conditions as well as rights of any other individual or entity.

If you need your User Content to be accessed and used by others (for instance, creating invoices for Customers or enabling third parties to view your User Content via the Yarn Team API), you entitle Yarn Team and its sublicensees to sublicense User Content in question to other Users so they can view it, as defined by these Terms and Conditions and in a royalty-free and non-exclusive manner.

The licenses you grant us are non-exclusive considering you reserve the right to use your User Content where you see fit. These licenses are royalty-free as it is not mandatory for us to pay for your User Content. They are transferable as we require the ability and right to transfer them to any future operator of the Services. Yarn Team’s rights to translate, modify, change and create derivative projects are necessitated by our need to maintain the Services in a normal working mode.  

6. Limitations of Yarn Team’s Content license to you

Yarn Team provides you with a limited, non-exclusive, non-transferable and revocable license to use the Services as well as replicate and print Content displayed to you by the Services. Your license is governed by these Terms and Conditions including the following: (i) you are only entitled to view, replicate and print such Content for your own usage; (ii) you are not entitled to change or create derivative projects using such Content as well as replicate or promote such Content (excluding page caching) except to a degree expressly allowed by these Terms and Conditions; (iii) you are not entitled to delete or change any proprietary signs including trademark and copyright that are part of such Content; (iv) you are not entitled to apply any data collection and extraction methods including, but not limited to, robots and data mining; and (v) you are not entitled to use the Content and Services in ways other than defined by these Terms and Conditions.

Except in cases allowed above, any use of the Content without having a written consent of its owner is not permitted and will cause early termination of your license to use the Services and Software. By using such Content in an unauthorized way you also breach applicable copyright laws. Nothing defined by these Terms and Conditions can be interpreted as granting any license to the property rights, unless expressly defined here. Yarn Team reserves the right to revoke the license outlined in this Section anytime.

You understand and guarantee that the way you use the Content and Services will follow the spirit and letter of this license and will not violate applicable laws, rights of other parties or any legally binding agreements.

If you wish to gain permission to use Content in ways other than expressly allowed by these Terms and Conditions, please contact Yarn Team by using the address published at the end of these Terms and Conditions.

7. Yarn Team API

Please read this Section’s terms governing the use of the Yarn Team’s API by Users, Subscribers, developers or hosts of websites and applications (websites or applications referred to as “Yarn Team API Implementation” and the developer or host referred to as “API Developer”) who intend to use the Yarn Team API. This Section also concerns Subscribers who commission third parties to handle Yarn Team API Implementation for them, and Subscribers are held accountable for the third parties’ compliance with these rules.

API Developers who are not Users of the Services consent to comply with the rules defined by these Terms and Conditions. Yarn Team reserves the right to modify these Terms and Conditions without prior notice by publishing revised Terms and Conditions to the Site. You are responsible for monitoring the Site for updates. If you continue using the Services after the revised Terms and Conditions are published, you therefore express your consent to comply with the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, you shall terminate your use of the Services.

If you are an API Developer and therefore not a User or Subscriber, the license defined by this Section equally concerns your use of the Yarn Team API, and the license defined by the Section 6 does not govern your use of the Yarn Team API. At the same time, if you are also a User or Subscriber, the license defined by the Section 6 governs your use of all Content except the Yarn Team API, the latter of which is governed by this Section.

Yarn Team provides you with a limited, non-exclusive, non-transferable and revocable license to use the Yarn Team API in accordance with these Terms and Conditions. This license does not govern any other Content including Subscriber Content. If you nevertheless want to use Yarn Team API for such Subscriber Content, you are required to gain the consent of the Subscriber in question by gaining a license from the Subscriber defining your use of Subscriber Content and Subscriber’s use of the Yarn Team API. This license shall be governed in accordance with the limitations defined by Section 6 as well as any limitations set forth in your license to a Subscriber. If you do not provide our Subscribers with the privacy policy and terms of use of the Yarn Team API, you may not use the Yarn Team API.

Your use of the Yarn Team API must be carried out in accordance with the following limitations. You are not entitled to:

take any actions that would undermine the operability of the Yarn Team API, or develop and promote any Yarn Team API Implementation that would undermine the operability of the Services and other applications working via the Yarn Team API;

fail to provide your identity or purposes when reaching out to us with regards to the Yarn Team API, use developer qualifications issued to another person or entity, authorize other persons to use your qualifications, or in any other way conceal your use of the Yarn Team API;

associate the Yarn Team API, or use it in connection with, any website that is considered inappropriate by Yarn Team;

use the Yarn Team API in connection with any website or software that is associated with malware, spyware, adware and other malicious applications;

use the Yarn Team API in any way that violates any laws, rights of other persons including, but not limited to, copyright, privacy and personality;

copy partly or fully the Yarn Team Software;

add any visual or graphic content to your Yarn Team API Implementation that could cause users to confuse Yarn Team and your Yarn Team API Implementation;

undermine the reputation of Yarn Team in your Yarn Team API Implementation;

use the Yarn Team API for any website or software in a manner that would copy basic features and user experience of the Yarn Team Software;

reverse engineer, disassemble or take any other actions to uncover the source code of the Services;

bypass any IP address restrictions introduced by the Services;

bypass any technical procedures to prevent direct access to the database;

use Content from the Yarn Team Software for a competing software or product;

attempt to discourage our Subscribers from using the Services at any time during your Yarn Team API Implementation.

You consent to thoroughly track your implementation of the Yarn Team API and guarantee that it remains accessible to both yourself and Yarn Team. You recognize and agree that Yarn Team may introduce or modify restrictions on the volume of transactions you may accept or send via the Services; we reserve the right to introduce such upper restrictions anytime. We may publish information about such restrictions on your Site and may charge additional fees for any transactions that exceed the fixed limit. API calls that were not used during the current billing period shall not be transferred to the subsequent period.

You cannot take any actions to bypass restrictions on calls, access and implementation of the Yarn Team API as well as use the Yarn Team API in any way that surpasses the normal volume of requests, promotes immoderate use or fails to follow any rule defined by these Terms and Conditions. Yarn Team reserves the right to oversee your implementation and use of the Yarn Team API and, in case your application(s) connects more than five hundred systems to the Yarn Team API, may restrict or terminate access to the Yarn Team API by you and your customers and reach out to you to negotiate on the volume and guidelines governing your use of API calls.  

Yarn Team is entitled to execute other procedures and technical capabilities to prevent fraud, spam and any other security concerns.

Yarn Team shall not be held accountable for any deployment/misuse of any Content associated with the Yarn Team API by any individual. Subscribers should determine if they are willing to provide their API developers with access to their Content via the Yarn Team API. If you need to suspend accessibility of your Content via the Yarn Team API, you have to change your Yarn Team login details and stop the Yarn Team API Implementation from accessing your Content. Should you need help with this, please reach out to info@yarnteam.com.

Yarn Team reserves the right to oversee your implementation and use of the Yarn Team API for any purpose including, but not limited to, enhancement of Yarn Team software and services, quality assurance and validation of Users’ compliance with these Terms and Conditions. You must not prevent or otherwise conceal your implementation or use of the Yarn Team API. Yarn Team reserves the right to apply any technical capabilities to suspend such prevention. Yarn Team may terminate your or your API client’s access to the Yarn Team API without prior notice should we have a substantial grounds to think that you infringe these Terms and Conditions. You recognize that any use by Yarn Team of your Yarn Team API Implementation for this aim does not imply our consent to act according to any terms of service you would like us to follow in connection with such use.

8. Services and Interactive Areas

The Services may incorporate various forums, review platforms and other websites (further referred to as “Interactive Areas”) where you or other persons can publish reviews or other feedback with regards to the Services. In case Yarn Team offers you Interactive Areas, you shall be liable for your participation in them and shall do so at your own discretion. Any User Content you post publicly shall not be viewed as confidential. You consent not to publish, transfer, upload, design or in any other way distribute via the Services any of the below mentioned materials:

any information, audio, video, imagery, graphics or any other content containing harassment, threats, defamation, offensive or unlawful language, sexually explicit content or otherwise gratuitous content;

any materials that promote violation of third parties’ rights, criminal offense or infringement of any laws;

any materials that violate copyright and intellectual property rights of any person or entity;

any materials that imitate or impersonate other individual or entity or misinterpret your association with other individual or entity;

any materials containing solicited reviews, advertising and political discussions;

personal data concerning any person or entity including phone numbers, addresses and email addresses and credit card details unless you have an express permission to use such data;

any materials containing malicious code or other malicious data;

any materials that are irrelevant to the discussions in the Interactive Areas;

any materials that, as Yarn Team may consider them, endeavor to discourage any person or entity from participating in the Interactive Areas or make Yarn Team and its users vulnerable to any mistreatment or harm.        

Yarn Team strictly prohibits and fights against spam. You are not entitled to use the Interactive Areas or Services as means to distribute any information to any person or entity if that information is not requested or welcomed by that person or entity. By using the Services, you consent to follow the applicable regulations and laws including the ones governing spam in your jurisdiction as well as comply with the applicable guidelines on responsible marketing developed by marketing associations.  

Your use of the Interactive Areas or Services in any way that infringes the above mentioned terms may cause termination of your access to the Interactive Areas and/or Services.

9. Security and Reliability Standards

We are committed to maintaining the highest reliability and security standards and are constantly working hard to make sure that your data is safely stored and the system functions without interruptions. We deploy advanced security technologies and hosting platforms that allow us to provide our users with the safe framework for using our Service. You can find more about these technologies on our Site.

For instance, Yarn Team encrypts all credit card details and deploys 256 bit SSL certificates and firewalls to protect credit card information our Users submit to us.

Still, keeping in mind that the Internet is not a completely safe environment for any data and no system is completely prone to any security breaches, the reliability of all service providers cannot be guaranteed. By using Yarn Team, you acknowledge that you will bear these risks as well as liability for implementing a system that does not guarantee complete reliability and security. If you are a Subscriber using the auto-billing feature to collect and store your Customers’ credit card details, you acknowledge the risks associated with the security of such data. In the process of keeping credit card data in the Yarn Team accounts, Subscribers recognize that they are familiar with and regard as acceptable Yarn Team’s credit card data protection practices. Credit card details are submitted by Subscribers and their Customers and they are liable for its security.      

Yarn Team developed the Yarn Team API to simplify the way the Services are used in integration with other online systems. If you granted access to your User Content via the Yarn Team API to any other person or entity, we shall not oversee and will not be held accountable for the manner in which that person or entity handles your User Content.

10. Liability for the Third Party Content, Sites and Services

The Site may include references and links to any third party websites (further referred to as “Third Party Websites”) or content (“Third Party Content”) and may render third party services (“Third Party Services”) that our Users can use in addition to our Services, for example payment systems. You acknowledge that you use Third Party Sites and Third Party Content (collectively, the “Third Party Materials”) or Third-Party Services at your own discretion.

Yarn Team does not represent any Third Party Materials and Third Party Services. The reference and links to them on the Site are provided for the purpose of easier Site navigation. The reference and links to the Third Parties do not suggest Yarn Team’s endorsement or association with these Third Parties. Yarn Team shall not be held liable for any changes, upgrades, content or security of the Third Party Materials or their websites. Yarn Team’s Terms and Conditions are not valid beyond the Services, and by using Third Party Services, you acknowledge your consent to comply with their terms of service. You shall carefully study relevant terms and conditions and privacy protection procedures Third Party Materials and Third Party Services use, and make any inquiries you deem appropriate prior to using those Third Party Materials and Third Party Services. The list of the third party providers is published in the appropriate section of these Terms and Conditions, “Third Party Providers”.

Creators of Third Party Materials and Third Party Services are liable for these Third Party Materials and Third Party Services as well as the content related to them together with warranties and customer support with regards to the Third Party Materials and Third Party Services and any requests or claims that you may have in connection with your use of those Third Party Materials and Third Party Services. You recognize that you are buying a license issued by creators of those Third Party Materials and Third Party Services. Yarn Team is an intermediary in rendering those Third Party Materials and Third Party Services to you; Yarn Team does not participate in the license agreement between you and those Third Party Materials and Third Party Services; and Yarn Team is not liable for those Third Party Materials and Third Party Services as well as the content related to them together with warranties and any requests or claims that you may have in connection with your use of those Third Party Materials and Third Party Services.

You understand and consent to the fact that Yarn Team and its sublicensees are third party beneficiaries in relation to the End User License Agreement for those Third-Party Materials and Third-Party Services and that after you accept the provisions of the license to those Third-Party Materials and Third-Party Services, Yarn Team is entitled to enforce you to act in terms of and as defined by such license according to its rights as a third party beneficiary.

11. Advertising

Yarn Team reserves the right to display third parties’ advertisements and promotional campaigns on the Service. Any of your interactions between you and such third parties occur without any participation of Yarn Team. Yarn Team is therefore not responsible for any damage or loss arising due to such interactions with third parties.  

12. Warranty Disclaimer

YOU ARE USING THE SERVICES, SITE, SOFTWARE, APPLICATION, YARN TEAM API AND CONTENT (TOGETHER, THE “YARN TEAM SOLUTION”) AS WELL AS ANY THIRD PARTY MATERIALS OR THIRD PARTY SERVICES AT YOUR OWN DISCRETION AND RISK. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS YARN TEAM SOLUTIONS ARE PROVIDED “AS IS”. YARN TEAM, ITS SUBLICENSEES AND THEIR SUPPLIERS DISCLAIM TO THE MAXIMUM DEGREE DEFINED BY THE APPLICABLE LAWS ALL WARRANTIES, EXPRESS OR IMPLIED, AS WELL AS ANY WARRANTY OR PROVISION THAT YARN TEAM OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR SHALL BE (1) SUITED FOR A SPECIFIC PURPOSE, (B) BE OF QUALITY; OR THEY DO NOT OR WILL NOT VIOLATE ANY COPYRIGHT. THE SUPPLIERS DISCLAIM ANY WARRANTIES AND PROVISIONS, EXPRESS OR IMPLIED, WITH REGARDS TO THE CREDIBILITY OF CONTENT REFERENCED BY THE YARN TEAM SOLUTION. YARN TEAM AND ITS SUBLICENSEES AND SUBSIDIARIES AND THEIR SUPPLIERS DO NOT CLAIM THAT THE YARN TEAM SOLUTION WILL BE ERROR-FREE AND CAN POSSIBLY CAUSE DATA LOSS, THEFT OR DELETION.

SOME STATES REQUIRE THE IMPLIED WARRANTIES OR PROVISIONS SO DEPENDING ON YOUR LOCATION NOT ALL OF THE ABOVE CONDITIONS WILL CONCERN YOU. THIS WARRANTY DISCLAIMER OUTLINES YOUR LEGITIMATE RIGHTS IN ADDITION TO WHICH YOU MAY HAVE OTHER RIGHTS DEPENDING ON YOUR STATE.

YARN TEAM AND ITS SUBLICENSEES AND SUBSIDIARIES AND THEIR SUPPLIERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR IMPLEMENTATION AND USE OF THE SERVICES WILL GUARANTEE COMPLIANCE WITH ANY LAWS.



 

13. Indemnity

You consent to waive and will not set forth any accusations against Yarn Team, its sublicensees, suppliers, subsidiaries or other affiliates as well as their successors, staff, executive officers (together, the “Released Parties”) with regards to your implementation and use of the Yarn Team API or any Third Party Services or Third Party Materials including any claims with regards to copyright violation. Furthermore, you shall not assert that any Released Party shall indemnify either you or any third party from such claims in connection with your use of the Yarn Team API or any Third Party Services or Third Party Materials. You consent to use the Yarn Team API or any Third Party Services or Third Party Materials at your own discretion.    

Yarn Team and any Released Party shall not, with no limitation, be responsible for any direct, implied, accidental, disciplinary or other damage including, but not limited to, the loss of data or profits due to any action, negligence or otherwise and connected in any way with the implementation or failure to do so of the Yarn Team Solution or any Third Party Services or Third Party Materials including any loss experiencing in connection with your use of the Yarn Team Solution or any Third Party Services or Third Party Materials, or other data gained via Yarn Team or any Released Party or any Third Party Services or Third Party Materials, or which are caused by errors, interruptions, removal of files, malware, delays or any other inabilities, should or should not they arise from the failure to interact and communicate or an unauthorized access to the Yarn Team and any Released Party’s materials, files or systems.    

Under no circumstance shall Yarn Team be required to exceed in its compensation to you any funds you pay for your use of Yarn Team Solutions, with such compensation occurring within the three months before the date of any request, should or should not it be associated with the contract, warranties or any other liabilities with regards to your use of the Yarn Team Solution. Under no circumstance shall Yarn Team have any liability associated with the contract, warranties or any other liabilities with regards to your use of the Yarn Team Solution or any Third Party Services or Third Party Materials.

You will indemnify Yarn Team and any other Released Parties from any damage, expenditure, loss and lawsuits in connection with your implementation and use of Yarn Team Solutions or any Third Party Services or Third Party Materials and, if you are a Subscriber, from your Clients’ implementation and use of the Services, Yarn Team Solutions or any Third Party Services or Third Party Materials by any third party whom you grant access to your Yarn Team account including any assertion by any individual that your User Content or your Customers’ User Content violates copyright laws or rights of the third parties (together, “Indemnified Claims”). Yarn Team is entitled to request your cooperation in its defense against any Indemnified Claims.

14. Written Communications & Notices

All messages we send to you, except notices on modifying these Terms and Conditions which are outlined above, may be sent to you via different channels. For instance, we may use email or phone number you indicated when registering with the Site. We may also publish a notice in the admin area of an account accessible by Customers and Subscribers or elsewhere on the Site in a section specifically dedicated to posting notices. You are responsible for monitoring the Site for such notices.

As defined by the Privacy Policy, any information (“User Submissions”) you publish on the public sections of the Site may be used by Yarn Team without prior notice or reimbursement to you and you waive any ownership rights with regards to the information you published. We monitor User Submissions for new information. If you want to protect your information, you should not make it available in the public sections of the Site.  

15. Law and Jurisdiction

The Services are rendered and run by Yarn Team from Feasterville, PA. Both Yarn Team and you share the same goal of creating a legal framework with regards to rendering and using the Services. You and Yarn Team expressly consent to resolve any claims in connection with your use of the Site in accordance with the laws of the State of Pennsylvania and the federal US laws. These Terms and Conditions are not governed by the UN Convention on Contracts for the International Sale of Goods.

Unless not allowed by the applicable law, any claim (in tort or contract, past, present or future, or in statutory conformance) concerning Yarn Team and with regards to (a) these Terms and Conditions; (b) the Services, Site and Content; (c) written or oral messages or adverts in connection with these Terms and Conditions, the Services, Site or Content; or (d) any interactions occurring in connection with these Terms and Conditions, the Services, Site or Content (together, “Claim”) will be resolved by an arbitrator (to the exclusion of courts). Any claims should be submitted to address indicated below. If we will receive a Claim, we will notify you about the arbitration at the address you provided us with. Arbitration shall be carried out in accordance with the laws of the State of Pennsylvania.

You consent to have the arbitration resolved in a court in Feasterville, PA, to a degree as to which arbitration outlined in the previous paragraph is not allowed by the applicable law. You express your agreement for any of your claims to be resolved in such courts and do not set forth any objection to hearings in such courts.   

If you use the Services not in Feasterville, PA, but elsewhere, you are liable for following the local laws of your jurisdiction and indemnify Yarn Team and any other Released Parties for your inability to follow any of such applicable laws.

16. Suspension/Alteration of License

Regardless of any condition set forth by these Terms and Conditions, Yarn Team, at its own discretion and without prior notice to you, is entitled to (a) suspend your license to use the Services fully or in part as well as license and rights of the third parties you authorized to access your User Content via the Yarn Team API; (b) prevent your access to the Services in future fully or in part as well as access or rights of the third parties you authorized to access your User Content via the Yarn Team API; (c) modify or terminate any feature of the Content or Services; and (d) restrict use of the Content or Services.


 

17. Termination of the Agreement

We reserve the right to deactivate your account if it is inactive for no less than two months. Such account will not be entirely deleted and can be activated in the future. You will be notified by email if your account will be deactivated. You can inform us at info@yarnteam.com that your account will be inactive at some point in the future if you know about such possibility and do not want the account to be deactivated. Yarn Team may charge an additional fee for maintaining your inactive account. If you no longer use your account upon its deactivation and do not reach us, we reserve the right to terminate it without prior notice.  

You and Yarn Team are entitled to terminate your agreement to use the Services anytime. If you wish to do so, you are required to pay the defined fees associated with the balance on your account within the current billing period. Once your Yarn Team account is terminated, your User Content will no longer be displayed except for the User Content you posted publicly on the Site which may or may not remain visible upon account suspension. We reserve the right to replicate your User Content upon termination and you herewith authorize us with a non-exclusive and irrevocable license to have such records for internal use.  

Sections 4, 9, 10, 12, 13, 15, 17 and 18 and any warranty you make in these Terms and Conditions will survive for an unspecified period, if these Terms and Conditions expire.

18. Other Terms

Should any condition of these Terms and Conditions be defined illegitimate, the condition in question shall be withdrawn from these Terms and Conditions and shall not impact the legitimacy of other conditions. Yarn Team may authorize any party with all or some of its rights without prior notice to you or your agreement. You are not allowed to authorize any party with your rights or responsibilities without prior notice to Yarn Team. Any action to execute such authorization will be considered illegitimate. These Terms and Conditions comprise the full agreement between you and Yarn Team governing your implementation and use of the Site, Services, Content and Applications and overrule all previous or present interactions either in written, oral or electronic form between you and Yarn Team. The parties agree that these Terms and Conditions as well as other relevant documents shall be written solely in English.     

19. Feedback

With any questions and suggestions with regards to these Terms and Conditions, please contact us at the following address:

Yarn Team
148 E Street Rd Ste 108
Feasterville PA 19053
+1 (646) 828-8882
info@yarnteam.com