These conditions contain the full agreement between the user of the website yubby and they apply to the use of the services offered by yubby. These conditions have been drawn up by Innovader B.V. in The Netherlands (hereinafter “Innovader”). Innovader is the maker and owner of yubby.
Content of the website
Information that yubby refers to on its website is mostly placed on the internet by third parties and has been filed in another online location. Innovader therefore has no knowledge of the content of such information, nor can it exercise any influence on it. Innovader is not in the position to remove or block said information. In this context, information especially refers to video and audio materials. Innovader does not copy such information from third parties; it merely places references to the information on its website.
Liability for the content to which is referred
The results that appear from the yubby indices have been index-linked through computerised programmes. Innovader cannot check the references on yubby before these are included in the indices from which the search results are collected. A search on yubby may give search results and hyperlinks to websites that some people may object to, or find inappropriate or offensive. Innovader cannot guarantee that searches will not show any unintended or objectionable content and cannot be held liable in any way for the content of any website included in a search result or to which is referred in any other way.
For private use only
yubby is exclusively meant for private, i.e. non-commercial use. Unless this was agreed with Innovader expressly and in writing, users are not allowed to use the website and its services for selling a product or service or to increase traffic to their own website for commercial purposes, e.g. advertising sales. Users are not permitted to perform automatic searches on yubby or to mirror the website or to show (parts of) result pages on another website, other than by means of the Widgets that are offered on the website itself to do so. Permission for commercial use of yubby can only be given by Innovader in the form of a written agreement. Please contact Innovader for further details via info@yubby.
Click here to view Innovader’s data protection policy.
Innovader is always authorised to change or end its service and the conditions for the use of its services without prior notice being served. No such change or termination will ever result in any liability on the part of Innovader towards any user or third party. The user is thus advised to regularly consult the conditions for use in order to learn about any amendments made.
Requests for removal of references
If Innovader receives a sufficiently specified and substantiated report on the evident unlawfulness of a particular reference via yubby, it will block or remove such a reference if possible. For reporting alleged unlawful references the form “Reporting unlawful hyperlinks” is to be used. The form can be obtained via info@yubby. As yubby’s indices contain identified and index-linked information that is collected and composed through an automated process, it is not always possible for Innovader to immediately include changes to the information to which is referred in its indices. For references to websites in yubby’s indices where (i) the owner of the website limits access to the site in question, or (ii) a site is no longer available on the web, Innovader, if so requested by the owner of the site or by third parties, will consider per individual case whether to remove the hyperlink to this site or specific content from its indices. If the site owner makes no attempt to avoid this, the automated processes that draw up this index will find the site in question again relatively soon and index it.
Innovader accepts no liability for the efficiency, content, completeness, lawfulness, reliability and operationality of yubby and its services. Innovader is in no way liable for the removal, failure to file, faulty delivery or incorrectly timed delivery of information or materials. Furthermore, Innovader shall not be liable for any adverse consequences caused by downloading or consulting any information to which is referred on yubby. The yubby website is offered ‘as is’, without any further guarantees. Insofar as legally possible, Innovader explicitly waives all and any explicit, implicit and statutory guarantees, including, without limitation, the guarantees of saleability, suitability for a particular purpose and non-infringement of property rights. Innovader waives all guarantees pertaining to the security, reliability, speed and performance of the yubby website. Innovader waives all guarantees for any information or advice gained via yubby. Innovader waives all guarantees both for services or good received via or advertised on the yubby website or received via any hyperlinks offered by yubby, and for any information or advice received through any links offered on yubby. Users of the website themselves are liable for the use of the website and all risks this entails, including, yet not limited to, damage to computer systems or the loss of data.
Innovader can never be held liable by a user on account of use, misuse or confidence of the user in the services offered via yubby. This also pertains to – yet is not limited to – claims concerning these conditions or any related issue, regarding the repair of prevention of direct, indirect, occasional, consequential, extraordinary and exemplary damages as well as damages that are liable to punishment, irrespective of the question whether such a claim is or is not justified or based on a contract, a wrongful act (including negligence), or otherwise. This limitation of liability is in force at all times, even when the damages results from the use or misuse of or trust in the yubby website, from the impossibility to use the website, or from the temporary shutdown, suspension or the termination of the website, including any such damages incurred by third parties. The limitation of liability also applies to damages caused by other services or goods received by or through advertisers on yubby or received via hyperlinks on the website, as well as to damages caused by information or advice gained through or via advertisers or hyperlinks. This limitation of liability also fully applies to the costs of goods or services supplied or supplied as a replacement, loss of income or loss of data. The limitation of liability furthermore applies to the workings of the yubby website and to information or merchandise that appears on or is related to the website. Without prejudice to the above, Innovader can never be held liable for any form of delay or disturbance of performances that are the direct or indirect result of natural disasters, forces or causes that are outside Innovader’s reasonable scope of control, including – yet not limited to – Internet shutdowns, failure of hardware, failure of telecommunication equipment, failure to other equipment, power failure, work stoppages, labour conflicts, riots, revolts, disturbances, work shortage or material shortage, fires, flooding, gales, explosions, natural disasters, government actions, ruling of domestic or foreign courts or tribunals, third-party default, failure of heating, lighting or air-conditioning.
These conditions are subject to the law of the Netherlands. Any disputes resulting from or pertaining to these conditions shall exclusively be submitted to the competent court within the Utrecht District.