LEGAL NOTICE
Terms of Use
These Terms and Conditions of Use (“Legal Notice”) apply to the Yackie Mobile website located at www.yackiemobile.com and all associated sites. Each Pay Mobile Technologies Inc company or DBA websites have their own separate Policies and Procedures,.
THE SITE IS THE PROPERTY OF YACKIE MOBILE INC. BY USING THIS SITE YOU AGREE TO THESE TERMS (LEGAL NOTICE). IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THIS WEBSITE. IF YOU ARE NOT OF SUFFICIENT LEGAL AGE TO PROVIDE INFORMATION OR ENTER CONTRACTS DO NOT USE THIS SITE. YOU MAY NOT USE THIS SITE OR OUR SYSTEMS AND SERVICES FOR ANY UNLAWFUL PURPOSE.
Void Where Prohibited
This site is accessible worldwide, but not all features may be available in every country. Any offer for any product, service, feature, or function offered on the site is void where prohibited.
Downloading
Unless otherwise specifically indicated, you may download material displayed on the Yackie Mobile site for personal, non-commercial use only and you may not distribute, modify, transmit, use, or reuse any of the contents of the Yackie Mobile site for any public or commercial purpose without the written consent of Yackie Mobile. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Yackie Mobile site you make and distribute for any purpose must also include these Rules.
Prohibited Activities
You may not attempt to gain unauthorized access to any part or function of this Site or the systems that support it by hacking or any other unauthorized or illegal means. You may not use any device, or program to attempt to interfere with the proper working of this site. You may not copy, scan, probe, or otherwise breach the security measures of this site or the systems that support it. You may not impersonate any other individual or entity. You agree to follow any applicable laws in your use of the Yackie Mobile site.
Copyrights, Other Rights
Everything on the Yackie Mobile site is copyrighted unless otherwise noted and must not be used except as provided in the Legal Notice or with the express written consent of Yackie Mobile. Images of people or places displayed on the Yackie Mobile site are either the property of, or used with permission by, Yackie Mobile. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the Yackie Mobile site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
NO WARRANTY
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER YACKIE MOBILE OR ANY OF ITS AFFILIATES, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, INCLUDING PUBLISHING ERRORS WITHIN ITS WEBSITES. YACKIE MOBILE AND ITS AFFILIATES, EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YACKIE MOBILE SHALL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE OUR SERVICE IS SUBJECT TO MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS INTEGRATION PERIODS WITH NEW CLIENT COMPANIES, INTERNET DELAYS, DELAYS IN THE BANKING SYSTEM OR INTERNATIONAL MAIL SERVICES.
LIMITATION OF LIABILITY
IN NO WAY SHALL YACKIE MOBILE, OR ANY OF OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE, THE INABILITY TO USE THE SERVICE, ANY RESULTS FROM THE USE OR NON-USE OF THE SERVICE OR ANY OTHER CAUSE UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL NOT IN ANY WAY HOLD YACKIE MOBILE OR ANY OF OUR AFFILIATES, EMPLOYEES OR AGENTS RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES RELATED TO THE SERVICE, SUCH AS YOUR BANK. THE SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY OF YACKIE MOBILE AND ITS AFFILIATES, EMPLOYEES AND AGENTS FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE PURCHASE COST OF THE SIM CARD PAID TO YACKIE MOBILE IN THE TWELVE MONTHS PRIOR TO ANY CLAIM. YOUR USE OF THE YACKIE MOBILE SITE AND SERVICES IS AT YOUR OWN RISK TO THE MAXIMUM EXTENT ALLOWED BY LAW.
WARRANTY AGAINST YACKIE MOBILE DAMAGE
You hereby agree to indemnify, defend and hold Yackie Mobile, its parent, subsidiaries, affiliates, officers, directors and employees harmless from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (i) Your breach or violation of this Agreement, (ii) Your use of the Service, (iii) Your infringement or violation of the intellectual property or other rights of third parties, (iv) Any refunds or charge-backs of fees due Yackie Mobile that are initiated pursuant to Your request (v) any credit-card funded payments to debit/credit Card that are reversed, (vi) Any transactions that are conducted using debit/credit card following the closing of Your Yackie Mobile SIM Card, (vii) Your negligence or willful misconduct. In the event, You fail to promptly indemnify and defend such claims and/or pay Yackie Mobile expenses, as provided above, Yackie Mobile shall have the right to defend itself, and in that case, You shall reimburse Yackie Mobile for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of Yackie Mobile’s written requests.
GOVERNING LAW
US laws govern this Agreement and Your use of the Service. You agree to the exclusive jurisdiction for any claims or disputes with Yackie Mobile through its administration at Yackie Telecom Inc or any of its affiliates, employees or agents to reside in US courts in Florida. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. You hereby submit to the exclusive US jurisdiction for any claims or disputes with Yackie Telecom Inc or any of its affiliates, employees or agents.
REVISIONS
Yackie Mobile shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Yackie Mobile by User or by posting the changes on our websites. User's access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms. User agrees to review these Agreements periodically to be aware of such modifications. In the event that User does not agree to modifications made, User's only remedy is to cancel the Yackie Mobile SIM Card and all services with Yackie Mobile that they currently hold.
updated: May 16, 2008