GTCs

General terms and conditions of YOUNOX.com

Semantec - stands for Semantec Information Engineering and Consulting Ltd. - is the creator, owner and operator of the YOUNOX.com web site and YOUNOX Services including related software, which offers certain features, services, content and information.

By downloading the YOUNOX Client Application or creating a user account or using YOUNOX Services you explicitly comply with the General Terms and Conditions (GTCs) specified in this policy. Any new feature or modification to the current YOUNOX Services shall by default be subject to the stipulations outlined below.

Please note that Semantec can update these GTCs without notice at any time. However, the most current version will be provided and can be viewed at all times on our YOUNOX.com web site. Continued use of YOUNOX Services after any change shall constitute your consent to such changes.


Definitions

Services or YOUNOX Services – stands for the YOUNOX online collaboration application, and associated software as well as other related services provided to the User by Semantec according to the description on the YOUNOX.com website and its General Terms and Conditions.

YOUNOX Standard Services – correspond to YOUNOX Services which enable the registered Users to access and update the Content stored in YOUNOX with the purpose to communicate and collaborate with other Users. This also includes the upload of files within the specified limitations of data volume allowed per User (see Pricing).

User – is an individual person who registers by downloading the YOUNOX Client Application, creates and maintains a User account, and gains access to YOUNOX Services.

YOUNOX Collaboration Network – is the Content represented in the YOUNOX Client Application and related software. This allows authorized Users to access, provide and process commonly used information, and to communicate and collaborate with the purpose of exchanging defined outputs or work results to achieve goals, as defined in their Organizations.

Organization – is the place where a person or a company pursues his/its goals by assigning specified Users
to work on his/its services and projects. The Organization is established by the system for each User upon
registration, and named after User’s personal name: any User in particular companies may rename the
Organization name.

User Account – represents User’s personal information and access credentials. Each User Account is associated to his financial information (billing, invoicing, etc.) and to his own Organization to which he automatically holds administrator access rights.

Content - means all visual, audible, and written information or data which a User has entered, processed, uploaded, and publicly posted or transferred using YOUNOX Services.


General Conditions

Semantec hereby grants to the User a non-transferable, non-exclusive, non-sublicensable, and limited term right to use YOUNOX Services in accordance to the GTCs.

Semantec reserves the right to make changes or updates to provided information, modify, discontinue, or transfer to a third party, whether temporarily or permanently, the YOUNOX Services and products and/or portions thereof, at any time with or without notice.

Semantec is entitled, at any time and without notice to the User, to deactivate his account, delete his Content and remove his access to YOUNOX Services if User is found in breach of any stipulation contained in the GTCs.

Semantec is eligible but has no obligation to refuse or to remove a User’s Content (including his Account), which Semantec classified as unlawful, insulting, threatening, pornographic, or in violation of a third party’s property or copyrights.

Semantec reserves the right to immediately disable a User’s account or restrict his file hosting if his bandwidth usage significantly exceeds the average bandwidth usage of other YOUNOX Users. Restrictions will be lifted once User reduces his bandwidth consumption.

We use encryption technology to ensure the safe transmission of Users’ information and documents/files when logged into the system. User should be aware, however, that the technical processing and transmission of YOUNOX Services, including his Content, may be transferred unencrypted and transmitted over various networks. This process may require system changes or adaptations to meet the technical requirements of the receiving network or device.

Any unenforceable provision in the GTC will be amended to the fullest extent permitted by law, or will be replaced by one that can achieve as nearly as possible the intent and economic effect of the original provision. The remainder of the terms will continue in full force and effect.

The failure of Semantec to enforce any right or provision contained in the GTCs does not constitute a waiver of such right or provision, unless acknowledged and agreed to by Semantec in writing.


User’s Obligations

The User commits to provide correct personal information regarding his identity, billing address, legitimate e-mail address, as well as other information required in the sign-up/creation, and update of a YOUNOX account.

All activities conducted through the use of YOUNOX Services including Content uploaded to, processed, publicly posted or entered into YOUNOX by the User are the sole responsibility of the User. Furthermore, the User will be responsible for all Content and activity which occurs under his Organization and the Content part of other Users’ Organizations which he is authorized to access and to which he gets notice of.

A User must not violate the governing laws including but not limited to copyright laws when using YOUNOX Services. The User must possess the necessary licenses from third parties as may be required in order to use a copyrighted or rights reserved Content.This provision is also applicable to the registered User Name and the renaming of User’s Organization; a User is only entitled to use User Names and Organization Names which comply with third parties’ copyrights.

A User must not utilize YOUNOX Services for any illegal or unauthorized purposes, use Content which might injure the reputation of a third party, or may be construed as a threat, a criminal act, or may instigate a third party to commit or participate in a criminal act.

A User account cannot be shared or used by more than one individual. It is the User’s responsibility to prevent access to his account and to YOUNOX Services by anyone who is not a registered User of YOUNOX. Accounts registered by automated methods are strictly not permitted.

A User is responsible for maintaining the security of his account and password. Semantec is not liable for any loss or damage due to failure to comply with this security obligation.
A User is responsible for the installation and maintenance of his computer or mobile communication device as well as other end user devices required for establishing a functioning internet connection.

The User is bound to utilize YOUNOX Services in a manner that does not prevent or disrupt other computers, or mobile communication devices, or prevent or disrupt equipment necessary to provide the YOUNOX Services.

Users must not upload, post, host, or transmit unsolicited e-mail, SMS or spam messages. Users are also prohibited to transmit any worms, viruses or any destructive code via YOUNOX Services.

Users must not modify, adapt or hack the YOUNOX Services or modify another client application in a way that it falsely implies to be associated with the YOUNOX Services. User agrees not to duplicate, reproduce, copy, resell or exploit for any purpose any portion of the Services.

User is obliged to notify Semantec of any suspected breach of these GTCs.


Charges and Payments

Every newly registered User may use the full YOUNOX Services free of charge within any of the announced free usage periods (see Pricing).

After the free of charge period has ended, advance payment for the continued use of YOUNOX Services is due immediately. Any advance payment made by User will be credited and added to the balance remaining in the User’s account.

Each User’s account can be also sponsored by other Users, i.e. usage fees can be paid for by another User.

The daily usage fee is subtracted from the User’s account daily whether or not YOUNOX has been actively used or not. A User’s account balance is continuously updated and displayed on the YOUNOX web site under “My Account”. The User is required to make an advance payment for the succeeding period before his balance runs out.

Unless Semantec states otherwise, any paid amount or balance in a User’s account cannot be refunded should a User terminate or cancel his YOUNOX account before the prepaid period has expired, or if Semantec is obliged to deny a User access to YOUNOX Services.

If User cancels his YOUNOX account before the prepaid credit has been totally consumed the User will still have access to his account until the end of the prepaid period.

In case of charge back request from our bank, we reserve the right to immediately deny a User access to his account and YOUNOX Services until the charge back request has been resolved between him and Semantec.

If a User is denied access to YOUNOX Services due to insufficient account funds, he may reactivate his account by paying (or by being sponsored by another user) within the grace period (see Pricing).

Reactivation will only occur if payment is sufficient to cover the usage fees from the time User was denied access until payment day plus a minimum of one day or more. Upon reactivation during the grace period, all of the User’s stored data in YOUNOX will be made available to him again.

A User’s Content and the entire Content of his Organization will be erased from the system and will be irretrievable if he fails to recharge his account after:
(1) the free usage period has ended;
(2) the prepaid amount is used up and the grace period has passed; or
(3) User has cancelled his account.

Charges, storage places and other usage conditions relating to our Pricing are subject to change. Notices regarding any changes will be posted in the YOUNOX website (www.younox.com).


Legal Disclaimer

We believe that any information relating to YOUNOX Services provided on the YOUNOX.com web site is accurate at the time of posting. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy or availability with respect to the content. Semantec will not be responsible for any errors or omissions in the information provided on this site.

The YOUNOX Services are provided on an “as is” and “as available” basis. Thus, Users using YOUNOX Services do so at their own risk. Semantec implements reasonable measures to make YOUNOX Services available uninterrupted. However, Semantec does not warrant that:
(1) YOUNOX Services will meet every User’s individual requirements and quality expectations on any Service, information or material;
(2) the results from the use will be accurate and reliable at all times;
(3) these Services will always be punctual, free from interruptions and errors, are completely secure, or that all errors in the YOUNOX Services will be corrected.

Semantec will also not be liable for any modification or price change in the YOUNOX Services. In particular, Semantec rejects any liability claims whatsoever from Users who use YOUNOX Services during any of the offered free of charge usage periods.

Semantec does not pre-screen or control Content provided and/or processed by YOUNOX Users. The User understands and agrees that in no event will Semantec, its affiliates, partners and personnel, be liable to any party for any loss or damage whatsoever. These include but are not limited to consequential damage (e.g. damages for loss of profits, goodwill, data and other intangible losses) arising from:
(1) use of or inability to use Semantec Services;
(2) any information provided on the YOUNOX Web site, YOUNOX Services, and decisions taken upon whether advised of the possibility of damages/losses or not.


Privacy Policy

Semantec doesn’t view, examine or make available to third parties Content posted, uploaded or processed by a User of YOUNOX Services. Only Users themselves are able to authorize other registered Users to access, process and update commonly used Content in the YOUNOX Services.

In order for a User to be able to purchase access and use YOUNOX Services, he must provide Semantec his personal information including but not limited to full name, e-mail address and other contact details. In case User does not provide the requested information - whether or not to provide such information is User‘s own choice - he will be unable to purchase and access the YOUNOX Services.

Semantec will never disclose a User’s personal information to third parties and other Users. Furthermore, a User can make available his personal information to other Users in the YOUNOX Users Directory for collaboration purposes. A User can at any time disclose or conceal his personal information by using the settings provided in the Profile Update Menu.

Semantec requires a User’s personal information for internal purposes such as billing, invoicing of his purchases, etc. Only in cases we are required by the governing law, or that we believe a User committed infringement in the use of YOUNOX Services, will we disclose a User’s personal information or content to legitimized third parties.

For a User to use and access YOUNOX Services, he must allow Semantec to store and retrieve session information (like key and user name) from the User’s terminal equipment. The purpose of the information storage and retrieval method is to enable Users’ security in logging-in/out of the YOUNOX Services and to prevent unauthorized access.

All Semantec employees are bound by a confidentiality and non-disclosure agreement that prohibits access and dissemination of information handled by Users while using YOUNOX Services.

By accepting the General Terms & Conditions, the User explicitly consents to:
(1) the collection, processing and storage of personal data;
(2) Semantec’s storage and retrieval of information from the User’s terminal, as indicated above.


Security Policy

A new User can create and access his account immediately after providing all the required information in the registration.

Each User is allowed his own password, which is then encrypted, stored and made inaccessible to other Users and Semantec employees. Semantec will not make accessible, sell, rent or exchange with third parties YOUNOX Users’ personal information. The password system ensures that only the User himself can access and update his personal information, and opt to share parts of it to other Users in the YOUNOX Users Directory.

Each User can grant Content-related access rights to specified Users. Such Content-related privileges and the password ensure that only authorized Users have access to Content processed and/or uploaded and shared in YOUNOX Services.

Semantec takes all measures to ensure a safe transmission of your information and documents when logged into YOUNOX. All communications between your computer and YOUNOX.com are encrypted using SSL technology. Our software infrastructure runs on a network which is locked down with firewalls, carefully monitored and updated regularly with the latest security patches.

YOUNOX is deployed and hosted on dedicated and modern state-of-the-art IT infrastructure with regular backup schedules, mirrored hardware and software inside secure facilities with round-the-clock surveillance. Only authorized personnel have access to the data center which is protected by on-site personnel.

Last update on 13.11.2012

Download GTCs pdf file