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§ 1 Terms of service / General terms and conditions |
YellowLanes offers a number of services. The services are being supplied by Dieterle YellowLanes (called “YellowLanes” below).
The directory enables finding products, job offers, contacts and other data of virtual and real-world companies in Second Life or affiliated with Second Life®. These terms and conditions set the rules for the contractual relationship between YellowLanes and individual persons or legal bodies (called “users” below), using the Internet service or other services from Yellow Lanes. The terms and conditions apply without exception to usage of the service.
The terms and conditions apply in general to the usage of the websites YellowLanes.net and YellowLanes.com as well as to all affiliated sub domains and all of our facilities in Second Life®. Some of these services can be subject to additional or different terms and conditions, which amend these general terms and conditions. Such additional or different terms and conditions regulating services in more detail are part of the user’s agreement. Additional or different terms and conditions are published in relation with the respective services.
YellowLanes aims for the Internet service to be available 99 % of time. However, the availability cannot be guaranteed if the server is offline due to technical or other problems not under the control of YellowLanes (force majeure, third-party fault, malfunction of Second Life®, etc.).
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§ 2 Changes to terms and conditions |
YellowLanes reserves the right to change these terms and conditions and will notify users accordingly. Any change of the terms and conditions are deemed accepted if the user continues using the service. It is the user’s responsibility to stay informed about amendments to the terms and conditions.
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§ 3 Offer and formation of contract |
A YellowLanes account is required for using the service. The user agrees to accept the “Basic” subscription when opening the account. This subscription is free of charge. The user is responsible for all use of his YellowLanes account and has to keep his password confidential. If the user becomes aware of any unauthorized use of the password or account, YellowLanes has to be notified immediately.
An order (for example ordering services with costs, such as banner advertisements or subscriptions http://www.yellowlanes.net/?yl=price) can be given by Internet only. By placing an order, the user accepts the terms and conditions. YellowLanes reserves the right to use third-party services to provide its services and fulfil orders. Pricing is unaffected by this.
Subscriptions can not be placed or used by several persons simultaneously. Solely the ordering customer, who is the user, is responsible for content and payment.
The contract is agreed when the user has ordered a service via Internet and also paid fully in advance on the Internet. The amounts paid in by a user are added to his account and will remain there until the user uses up his credit or asks for payout. Verbal agreements are invalid; amendments and additional agreements have to be made in writing.
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§ 4 Cancellation of contract |
YellowLanes can lodge a claim for damages, if the user cancels the contract in violation of the cancellation clauses.
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§ 5 Prices and payment |
Payment is only possible using the virtual currency Linden Dollar (L$) for online money transfers into the accounts of YellowLanes. Prices are valid from time of ordering of a chargeable subscription or service. Prices are valid for the entire duration of the contract for chargeable subscriptions. YellowLanes reserves the right to change prices. Current contracts are not affected by price changes. No interest is being paid for credits of users on YellowLanes’ account. YellowLanes is not a provider of financial services and does not convert currencies. Payments are processed exclusively via the virtual reality of Second Life®. Utilizing credits for currency speculation is not allowed. Storing of L$ on a user’s account is not permitted. YellowLanes reserves the right to pay back credits of users at anytime without giving reasons.
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§ 6 Maturity of contract |
The contract starts with ordering a subscription or other service via Internet and ends either at the date set in the order, when the money paid in for the order has been used up, or when the requested service has been rendered.
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§ 7 Content |
The user is responsible for all content (including pictures and links) that he has created using his account. The user has to ensure that he has the necessary copy- and other rights for the content or is permitted to use contents accordingly or give usage permission to others. The user agrees to and will be responsible for adhering to the appropriate legal requirements and industry standards. YellowLanes has the right to cancel accounts of users who are violating copyright laws using the service.
YellowLanes does not check content for legal deficiences or errors. Content produced by users must not offend, violate rights of others or break Swiss laws. Storing of pornographic or extremist material is not allowed.
The user agrees to always post a current SL URL or website with his data set. In case of loss of data, the user has to re-submit his content free of charge to www.YellowLanes.net.
By submitting content liable to copyright or other legal protection, such as texts, pictures, videos, audio data or computer programmes, to a particular service, the user grants YellowLanes and its affiliated companies the necessary, non-exclusive, global and unrestricted rights to use this content solely for supplying the respective service, only to the extent required.
To enable YellowLanes to offer its services, one of the requirements is that content must be stored and hosted on servers. Therefore the right of use includes the right to copy contents. In addition, the user grants YellowLanes the right of publishing content only if he explicitly agrees to make contents public or intends to publish content due to the nature of the respective service. The right to make content public ends when the user removes the content from a particular service or withdraws the publishing right. Certain services may be subject to additional conditions, which require granting of further rights.
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§ 8 Caveat |
YellowLanes has the right to check content for illegality or breach of code of conduct of YellowLanes for the respective service. YellowLanes can remove or hide content from view if illegal or in violation of the code of conduct of YellowLanes for the respective service, or if YellowLanes can justifiably assume such violation. YellowLanes is not responsible for content supplied by users or content of third-parties that could potentially be accessed by the user. YellowLanes does not appropriate any content. YellowLanes is at liberty to notify users if content has been blocked. YellowLanes also reserves the right to take entries offline after notification by Second Life Instant Message (IM) or e-mail to the user, if the last update of that user’s entries has been more than 90 days ago or after 90 days no update or confirmation of being up-to-date has been made. Banner advertisements can be refused without giving reasons. If there is no solution regarding the provision of a service to the user, any paid-in money will be refunded.
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§ 9 Rights of YellowLanes |
YellowLanes and its licensors maintain all copy- and other rights for the serivce. Users are not permitted to remove, hide or change legal notices (such as a notice about copyright or brand ownership). If using a particular service requires the installation of software on the computer of the user, this software might have to be updated. In such a case, the user has to agree to such updates to continue using the service. For using the software required, additional terms and conditions or other precedures might apply.
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§ 10 Cancellation or amendments of services |
YellowLanes’ services are evolving and can change over time – for example, individual functions or features can be added or removed. YellowLanes can cancel a service temporarily or permanently, for example due to technical or legal issues. If possible, especially when permanently disabling a service for economic reasons, YellowLanes will inform the user in the context of the respective service and give the user appropriate time to save personal data, if this applies to the service.
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§ 11 Payment of commission |
Users can submit entries to YellowLanes. If the submission is valid, the user will receive a credit of 50 L$ for his account. If a user misuses this feature in any way, YellowLanes can block the user’s account without stating reasons. YellowLanes determines freely the time the account will be suspended for. If the user recruits a new customer using the link displayed in the menu under “earning money”, 20 % commission for every L$ spent by the new customer with YellowLanes will be paid to the user. YellowLanes can change the amount of commission at any time without prior notification or agreement.
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§ 12 Liability |
Information on YellowLanes’ website can change at any time. YellowLanes does not accept liability for incomplete or out-of-date data. Any use of information is at the risk of the user. YellowLanes is only liable for damages caused intentionally or by gross negligence. The liability is limited to the price paid for the respective product, not exceeding the contract value.
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§13 Applicable law und place of jurisdiction |
Swiss law is applicable. Place of jurisdiction is Sissach (Basel-country).
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§ 14 Severability clause |
The validity of these terms and conditions is not affected, even if one or several clauses are invalid. In case of invalidity of a clause, the affected clause has to amended or replaced in such a way that the original intention of the clause is preserved in a legal way.
In case of contradiction between these general terrms and conditions and additional terms and conditions or other policies and procedures for certain services, the additional terms and conditions or other policies and procedures have precedence.
These terms and conditions become effective on 1 January 2009 and replace all earlier issues. The German language version is the only authoritative version for interpreting and applying the terms and conditions.
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