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TERMS OF USE AND PRIVACY POLICY


We reserve the right to change the information features products policies promotions disclosures and disclaimers of this Site at any time. Changes to this Policy will be posted on the Site as they occur. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page. Please check this Policy periodically to determine if any changes were made to it since you last visited the Site. Your continued use of the Site following the posting of changes to this Policy means that you have accepted such changes.


BY VISITING THE SITE YOU ACCEPT THE PRACTICES DESCRIBED IN THIS POLICY UNLESS YOU ARE A CHILD UNDER THE AGE OF 13 IN WHICH CASE YOUR PARENTS ACCEPT THIS POLICY FOR THEMSELVES AND ON YOUR BEHALF. BY USING THIS WEBSITE YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY DO NOT USE THIS WEBSITE.


You agree that when you click on an "I agree" or another similarly worded "button" or entry field with your mouse keystroke or other computer device if any your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

How You Can Update or Correct Your Information and Contact the Site.

You can send a message to yellowandred.in to update or correct your Information or have your Information removed from our records. Please contact us at info@yellowandred.in if you have any questions or concerns regarding the Site or this Policy.

Collection of Personally Identifiable Information

We collect and retain two types of information about Site visitors:

(i) personal information that individual visitors provide when interacting on the Site or voluntarily at certain other points (such as via forms or emails) including when registering for an Account as described below; and (ii) tracking data which is automatically collected from every Site visitor (collectively "Information"). The Information that we gather may include your name address telephone number email address age gender or other elements of personal information. The type of Information collected may depend on the service or feature that you are trying to access or obtain. In addition if you contact us we may keep a record of your correspondence including any Information contained therein.


The tracking data we record includes without limitation Information regarding the number and frequency of users to the Site the date and time of visits to our Site the websites that users access before and after they visit the Site the internet software used by our users to access the Site and our user's IP addresses and internet service providers. We attempt to aggregate such tracking data so that no such data is tied to you in any personally-identifiable manner however due to the nature of the internet this is not always feasible and tracking data may be traceable back to you.


When your web browser accesses the Site we collect certain information via "cookies" to make the use of the Site more useful and help the Site and the computer accessing the Site communicate. We may save Information in cookies. Most browsers are initially set up to accept cookies. You can set your browser to refuse all cookies or indicate when a cookie is being sent but please note that this may affect your ability to take advantage of some of the features and content offered on the Site.

How We Use Your Information.

The Information that we collect and that you provide to us is used for our organizational purposes and the purpose for which you provided it including without limitation to respond to your requests or correspondence. The Information may also be analyzed so that we can operate the Site in the best manner possible through enhanced features and functions and to provide you with useful information.


We use tracking data for a variety of purposes including without limitation for system administration load balancing metrics and to create reports on user demographics and Site traffic patterns. The reports that are generated from tracking data are used for a variety of purposes including for example to improve the Site and our services.We will not disclose any Information to third parties except (i) to parties who perform services for us; (ii) when we believe that such disclosure is required by law; (iii) to enforce the Policy; (iv) to protect the rights property security or safety of Yellow & Red Site users or the public; (v) to respond to an emergency; or (vi) as otherwise stated in this Policy.We reserve the right to disclose any Information to comply with any law regulation decree judgment order subpoena or any other governmental order ("Order") without any obligation to contest or verify the accuracy of such Order. We may employ third-party agents or third-party service providers to operate the Site and to perform functions on our behalf such as sending postal mail and email and analyzing data or other administrative tasks. These third parties have access to Information needed to perform their functions. We seek to limit such third parties to using the Information that is shared with them solely for the purpose of providing such services however we cannot be responsible for such third parties' use of Information not in compliance with this Policy.

Links To Other Sites

We may provide links to other web sites. We are not responsible for the information collection use and disclosure practices of those other web sites and we advise you to check the privacy policies of each such other web site before using it to understand how your personal information will be handled on each such other web site. Our Policy does not apply to any of the other web sites to which our Site links.

How Your Information Is Protected

We take reasonable precautions to protect your Information from loss misuse or alteration. We maintain reasonable physical electronic and procedural safeguards for your Information. You should recognize however that there is no such thing as "perfect security" on the internet and we cannot guarantee the security of your Information. In addition because internet communication is unsecure it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We make no guarantees warranties or representations that you will be absolutely safe or insulated from inappropriate content or behavior and we do not guarantee warrant or represent that any Site user will not try to circumvent or be successful in circumventing any of the features on the Site. We cannot be liable for any breach of our systems interception of our transmission or inappropriate behavior of other users of the Site and we hereby fully disclaim to the fullest extent provided under law any liability associated with any claim relating to a breach of security data or information or behavior of other users.

Other Communications.

From time to time we may email Site users information regarding important developments affecting Yellow & Red. We may also email Site users on occasion regarding the Site. Such emails may be sent to Site users even if they have not requested to receive any communication from us.

Our Administration of the Site

We may impose limits on certain features or restrict your access to parts or all of the Site without any notice or liability of any kind. We reserve the right to change prospectively the amount of or basis for determining any fees or charges for the Site and to institute new fees or charges for access to portions of the Site effective upon prior notice to Members by posting such changes on the Site or by sending emails to Members. You hereby agree to pay all charges to your account including applicable taxes in accordance with billing terms in effect at the time the fee or charge becomes payable.

Fees and Payment; Renewal; Cancellation

As the Member you agree to pay all charges relating to your Account including applicable taxes in accordance with billing terms set forth below. You must provide us with valid credit card information throughout the time that the Account is open. We will charge the Member's credit card either after the trial period expires or on the date the Member subscribes to the Site if no trial period is offered. Thereafter we will automatically renew and charge the Member's Account. We agree to terminate the Account upon receipt of notification from the Member.


Your Account may be suspended for non-payment and you may be responsible for any and all bank or service charges incurred in connection with payment of charges to your Account and for any costs of collection including reasonable attorneys' fees.

Notices

As the Member you must provide us with your correct and valid email address and you further agree to update us of any changes in your email address or other Account information. We may give notice to the Member by means of a general notice on the Site email to the Member's email address on record in the Account information provided by the Member or by written communication sent by mail to the Member's address on record in such Account information. You may give notice to us by electronic mail at the following email address at info@yellowandred.in All notices will be deemed given when delivered or in the case of notices posted on the Site as of the time of first use of the Account following such posting.

Materials and Content Contained in the Site

All materials and content contained on the Site or provided through the Site (including any form of media on or through which any portion of the Site is provided to you) are the copyrighted property of Yellow & Red its affiliated entities and/or third parties. No material from the Site may be copied reproduced republished uploaded posted transmitted or distributed in any way except that you may download into your local web browser's cache one copy of the materials for your personal non-commercial use only provided that (a) you keep intact all copyright and other proprietary notices (b) you make no modifications to the materials (c) you do not use the materials in a manner that suggests any association with any of our products services or brands or the products services or brands of any other person and (d) you do not download any of the materials to a database that can be used to avoid future access to the Site for access to such downloaded materials.

User Submissions

We are pleased to hear from you and welcome your permitted postings and comments regarding the Site. However Yellow & Red does not accept or consider creative ideas suggestions or materials other than those that we have specifically requested or allowed via submission forms on the Site to be submitted. We value your feedback on the Site however when submitting anything to us we cannot assure the protection of any proprietary rights you may have in any such submission. All submissions sent by you to us whether at our request (e.g. picture postings to chat areas boards or any other form submission) or not and whether such submissions contain your creative suggestions ideas notes drawings concepts or other proprietary information or intellectual property (collectively "User Submissions" notwithstanding whether provided by a Member user or some other individual or entity) shall be deemed and shall remain our sole property. None of the User Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any User Submission. Without limiting the foregoing we shall exclusively own all now known or hereafter existing rights to the User Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the User Submissions for any purpose whatsoever commercial or otherwise without compensation to the provider of the User Submissions.

Posting and Other On-Site Communications.

"Common Area" means a chat room message board personalized page photo log or photo page or other similar function which may be offered as part of the Site. If you participate in any Common Area within the Site you must not and the Member is responsible for ensuring that no one using the Account shall: defame abuse harass or threaten others; make any bigoted hateful or racially offensive statements (as determined in our sole discretion); advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party (including without limitation any intellectual property right) or any law; post or distribute any vulgar obscene discourteous or indecent language or images (as determined in our sole discretion); advertise or sell to or solicit others; use the Common Area for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of the respective Common Area. We reserve the right to remove or edit content from any Common Area at any time and for any reason. By uploading materials to any Common Area or submitting any materials to us you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual royalty-free irrevocable non-exclusive right and license to use reproduce modify adapt publish translate publicly perform and display create derivative works from and distribute such materials or incorporate such materials into any form medium or technology now known or later developed throughout the universe. In addition to the extent provided by law you represent and warrant that all so-called "moral rights" in those materials have been waived. Any visitor to the Site remains solely responsible for the content of any message sent authored or compiled by such visitor. We may disclose the identity of a user posting or uploading materials to a Common Area.

Representations Warranties and Indemnification

You represent warrant and covenant that: (a) neither you nor any other person who uses your Account will use your Account to perform suggest or encourage any fraudulent illegal untruthful or inappropriate activity and (b) that you and all other persons who use your Account will fully comply with the terms of this Agreement. You hereby agree to indemnify defend and hold Yellow & Red its affiliated companies and all of its and their officers directors owners agents information providers affiliates licensors and licensees (collectively the "Indemnified Parties") harmless from and against any and all liability and costs including without limitation reasonable attorneys' fees incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of your Account and/or any breach by you any Member or any other user of the Account of any of the above representations warranties and covenants or any other provision of this Agreement. You will and will cause all other persons who use your Account to cooperate with us in the defense of any claim. We reserve the right at our own expense to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.


We make no representation warranty or endorsement as to the accuracy or reliability of any statement advice opinion content materials or information contained in and/or displayed uploaded or distributed by or through the Site. You acknowledge that any reliance upon any such information will be at your sole risk. We will have the right in our sole discretion to correct any errors or omissions in any portion of the Site but we have no obligation or duty whatsoever to do so including any obligation to monitor the Site for such errors or omissions.

DISCLAIMER

THE MATERIALS ON THE SITE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SITE IS PROVIDED TO YOU) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED SECURE TIMELY OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY SERVICING REPAIR OR CORRECTION IN CONNECTION WITH YOUR USE OF THE SITE.

LIMITATION OF LIABILITY

Site visitors and its affiliates officers agents partners and employees shall not be liable for any direct indirect incidental special or consequential damages resulting from the use or the inability to use the Site and services or resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data including but not limited to damages for loss of profits use data or other intangibles even if due to our negligence and even if we have been advised of the possibility of such damages.


Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such states liability is limited to the fullest extent permitted by law. If you are dissatisfied with any portion of the Site or with any of these terms of use your sole and exclusive remedy is to discontinue using this Site.