Legal Notices and Terms of Use

Last modified: March 2, 2012

Welcome to the Yellowfin Web site (the "Site"). Yellowfin International ("Yellowfin") makes content, materials, information, software, products and services available on this Site, subject to the following terms and conditions. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use"). Yellowfin reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this Site at any time, at its sole discretion, without notice. You are responsible for reviewing these Terms of Use often enough to stay abreast of any changes. Yellowfin will endeavor to notify you of any material changes by posting notice of such changes on the Site. Yellowfin reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. Any rights not expressly granted herein are reserved.

 

Use of Forums and Public Communication

The Site may contain discussion group, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Promote bigotry, racism, hatred or harm against any group or individual.
• Publish, post, upload, distribute or disseminate any inappropriate, false, misleading, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Communication Services shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. You agree not to collect or store personal data about other users.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

Yellowfin has no obligation to monitor the Communication Services. However, Yellowfin reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Yellowfin reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Yellowfin reserves the right at all times to disclose any information as Yellowfin deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Yellowfin's sole discretion.

Always use caution when giving out any personally identifiable information about yourself in any Communication Services. Yellowfin does not control or endorse the content, messages or information found in any Communication Services.

Termination of Use

You agree that Yellowfin may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Yellowfin.

Third Party Web Sites, Content, Products and Services

The Site may provide links to Web sites and access to content, products and services from third parties, which are not under the control of Yellowfin. You agree that Yellowfin is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. Yellowfin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Yellowfin of the Site. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. When you access a non-Yellowfin Web site, you do so at your own risk. The Site may mention third-party products and services for informational purposes. Yellowfin makes no recommendations or endorsements about third-party products and services.

DISCLAIMER

SPECIFICATIONS SUBJECT TO CHANGE WITHOUT NOTICE. YELLOWFIN MAKES NO WARRANTIES OR COMMITMENTS CONCERNING THE AVAILABILITY OF FUTURE PRODUCTS OR VERSIONS THAT MAY BE PLANNED OR UNDER DEVELOPMENT.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YELLOWFIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YELLOWFIN MAKES NO WARRANTY THAT: (A) THE SITE OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. YELLOWFIN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SOFTWARE OR THE UPLOAD BY YOU OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR OTHER MATERIALS TO THE SITE.

YELLOWFIN RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

YELLOWFIN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, YELLOWFIN MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL YELLOWFIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) DELAYS OR BUSINESS INTERRUPTIONS, (3) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON THE SITE, WHETHER OR NOT YELLOWFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless Yellowfin, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

PRIVACY POLICY

Yellowfin is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at here.

APPLICABLE LAWS

The Site is operated by Yellowfin from its offices in the Australia. Yellowfin makes no representation that the information located on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. All matters relating to your access to, and use of, the Site shall be governed by Australian federal law or the laws of Victoria, Australia. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Victoria, Australia. You and Yellowfin agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Site features requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Yellowfin immediately of any unauthorized use of your account or any other breach of security. Yellowfin will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Yellowfin or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

USE OF MATERIALS AVAILABLE ON THIS SITE

Yellowfin Content

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Yellowfin content obtained from the Site, in whole or in part without the express written authorization of Yellowfin.

User Content

You acknowledge that you are responsible for any material you may post, submit or upload to or through the Site, including any materials that you post or upload to any Communication Services that are publicly accessible to users of the Site and any information you upload in connection with your use of our Yellowfin Cloud Personal Edition (“Cloud Personal”) products or other products, software or services made available via the Site (collectively, “User Content”). Your responsibilities include ensuring the legality (including compliance with all applicable data privacy and protection laws), reliability, appropriateness, originality and copyright of any User Content. For purposes of applicable privacy and data protection laws, you will be considered the data controller of all User Content and shall be solely liable in all respects for any infringement of the privacy and data protection rights of individuals whose data is included in your User Content. You may not upload to, distribute, grant access to or otherwise publish through the Communication Services any User Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any third party or otherwise give rise to liability or violate any law or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any User Content. You may not upload commercial or business related content onto the Site.

Unless agreed otherwise, you grant Yellowfin and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display User Content throughout the world in any media, subject in each case to the restrictions set forth in the Site’s Privacy Policy. Notwithstanding the above, with respect to any data that you upload to the Cloud Personal service (“Cloud Personal Data”), we shall not disclose such data except (i) to our subsidiaries and third party service providers in connection with the delivery of the Cloud Personal service, (ii) if we are required to do so by law, regulation or legal process (such as court order or subpoena), (iii) in response to requests by government agencies, such as law enforcement authorities, (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (v) with your consent. Furthermore, we shall not access the Cloud Personal Data except (i) to provide the Cloud Personal service; (ii) to prevent or address service or technical problems, or (iii) at your request in connection with customer support matters.

You further agree that Yellowfin and its affiliates are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Yellowfin or its affiliates. No compensation will be paid with respect to the use of your User Content, as provided herein. Yellowfin is under no obligation to post or use any User Content you may provide and Yellowfin may remove any User Content at any time for legitimate reasons.

By posting or uploading User Content you represent and warrant that you own,, control, or are authorized to exercise all of the rights to the User Content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content; that User Content is accurate and up to date; that posting, submitting or uploading to or through the Site does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Yellowfin and its affiliates for all third party claims resulting from User Content.

LINKING POLICY

Unless otherwise set forth in a written agreement between you and Yellowfin, you must adhere to Yellowfin's linking policy as follows: (i) any link to the Site must be a text only link clearly marked "yellowfinbi.com.hk," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Yellowfin's names and trademarks, (iii) the link must "point" to the URL //yellowfinbi.com.hk and or to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Yellowfin, (v) when selected by a user, the link must display the Site on a full-screen and not within a "frame" on the linking Web site, and (vi) Yellowfin reserves the right to revoke its consent to the link at any time and in its sole discretion.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

Yellowfin International respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on a Yellowfin Web site in a way that constitutes copyright infringement, please send a Notice to our Copyright Agent providing the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; A description of the copyrighted work that you claim has been infringed and a description of the infringing activity; A description of where the material that you claim is infringing is located, such as the URL where it is posted; Your name, address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Yellowfin’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By email: copyright@yellowfin.bi

Please note: This contact information is solely for reporting copyright infringement.