This General Terms of Service (this “TOS”), as may be modified or amended periodically by CYP (as defined below), is a legally binding agreement made by and between CYP and you, personally and, if applicable, on behalf of the entity for whom you are using any of CYP’s products or services, (collectively, “you” or “your”). This TOS governs your use of all CYP products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is March 21st, 2013.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, CYP DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY CYP, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
1. About The Services and The Terms
1.1 The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2 Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with CYP, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
1.3 Additional Terms. CYP provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the link below to access those additional terms. If there is a conflict between these TOS and the additional terms for a particular Service, the additional terms will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
1.4 Nature of Services. CYP provides Services that are, unless otherwise expressly stated, advertising sites and services. CYP displays advertising on behalf of businesses and CYP relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does CYP endorse and/or have any other connection with the businesses that advertise with us.
1.5 Changes to Terms. CYP may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
2. Using the Services.
2.1 Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, CYP grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that CYP may provide from time to time.
2.2 Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. CYP may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, CYP may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until CYP chooses to terminate it, regardless of whether any account you open is terminated by you or CYP or whether you continue to use or continue to have the right to use the Services.
2.3 Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by CYP, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or CYP (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“CYP Marks”), used in connection with the Services, without express permission from the owner.
2.4 Unauthorized Use of Marks. Although CYP protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of CYP Marks by a third party; accordingly, do not rely upon any third party’s use of any CYP Marks in determining whether a third party is affiliated with CYP, as such use may be unauthorized.
2.5 Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with CYP’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to bypass, disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including CYP), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any type of unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to CYP; (viii) violate any law, rule, or regulation; (ix) use any CYP Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the CYP.com or YELLOWPAGES.com domain name or any domain name that is confusingly similar to this or another CYP domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any CYP website (including deep linking to a specific portion of any CYP website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited by this TOS. CYP reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
2.6 Changes. CYP may change or discontinue any of the Services at any time without notice or liability to you or any third party.
4. Content and Feedback.
4.1 Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with CYP’s User Generated Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant CYP (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
4.2 Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to CYP, you agree that CYP can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to CYP in which you do not wish to grant such rights.
4.3 Third Party Content. CYP may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. CYP does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. CYP is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. CYP will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that CYP is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
4.4 Objectionable Content. If you become aware of any objectionable third-party content, you may contact CYP customer service to report it. CYP will address such requests if and to the extent it deems appropriate, in its sole discretion.
4.5 DMCA Policy. CYP respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint through our DMCA Policy.
5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
5.1 DISCLAIMER OF WARRANTIES. CYP PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CYP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. CYP MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. CYP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. CYP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM CYP OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
5.2 EXCLUSION OF DAMAGES. CYP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3 LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CYP ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID CYP FOR YOUR USE OF THE SERVICES; (II) $50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
5.4 STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.5 Indemnity. You agree to indemnify, defend and hold CYP and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, CYP may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of CYP.
6.1 Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions: (1) if CYP reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to CYP or any third party, CYP may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or (3) any dispute may, at the option of the claiming party, be resolved in small claims court in Atlanta, Georgia, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 6.2 subject to the informal resolution in Section 6.2. Furthermore, in no event will the terms of this section limit CYP’s ability to investigate complaints or reported violations of this TOS or to take any action CYP deems necessary and appropriate to mitigate actions against CYP, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
6.2 Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact CYP customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give CYP 30 days within which to resolve the dispute to your satisfaction.
6.3 Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
7. Force Majeure. CYP will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.
8. General. This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of Georgia without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and CYP relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of CYP. CYP may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and CYP. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted by CYP and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and CYP are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
9. Contacts. By providing your email address, you agree that CYP may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. CYP may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to CYP, please send written communication to:
Kolkata 700091, India
Ph: (91) 33 40064222
For more information about your options concerning how we communicate with you, please see our Communications Policy.
10. CYP. CYP means: (i) within areas where CYP Yellow Pages and/or Business Pages directories are distributed:
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE CYP GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
1. You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.
2. CYP employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact CYP customer service.
4. CYP, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). CYP has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
6. When using the Services, CYP may permit you to store data, preferences set by you, content or other information for your convenience, but CYP is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.
Please note, however, that advertisements are not deemed User Generated Content and, therefore, are not subject to the terms below, instead, the CYP Advertiser General Terms and Conditions, CYP Services Terms and internal standards will govern.
1. CYP reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion.
2. You represent and warrant that you will not post any of the following:
(a) Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(b) Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
(c) Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
(d) Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
(e) Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
(f) Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
(g) Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
(h) Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;
(i) Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by CYP in its sole discretion;
(j) Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
(k) Content that violates any standards or policies of CYP as determined by CYP in its sole discretion;
(l) Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
(m) Content that is not legible, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
(n) Content that intended to annoy, harass or anger other users, (e.g., “trolling”).
3. CYP may take measures to remove User Generated Content from the business listing(s) of an advertiser or business who has decided to “opt-out” of the addition of supplemental material to its business listing(s).
4. If you see objectionable content in the course of your use of the Services, you may report such content to CYP by contacting CYP customer service or through any other applicable reporting means as provided through the Services. CYP reserves the right to address such requests in any manner in its sole discretion.
1. CYP respects the copyright rights of others, and we expect our users to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others.
2. If you reasonably believe that any Material on the Sites contains unauthorized reproductions of your copyrighted work or otherwise infringes an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), ("DMCA") you must promptly provide in writing the following information:
2.1 Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
2.2 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
2.3 Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and e-mail address;
2.4 Include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.";
2.5 Include the following statement: "The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
2.6 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
2.7 Send the written communication to:
Kolkata 700091, India
Ph: (91) 33 40064222
2.8 ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 15.1 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY CYP.IN NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
3. If You reasonably believe that any Material on the Site has been mistakenly removed pursuant to a claim filed under the DMCA, You must promptly provide the following to file a counter-notification as required by the DMCA:
3.1 Identification in writing the material that was mistakenly removed or disabled from access;
3.2 A description that reasonably identifies the material that has been removed or to which access has been disabled and the location of the material prior to its removal;
3.3 Include the statement: "I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled from access as a result of mistake or misidentification of the material to be removed or disabled.";
3.4 Your name, address, telephone number, and email address;
3.5 Include the statement: "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or any judicial district in which the service provider may be found, and I will accept service of process from the person who provided the notification under Section 512(c)(1)(C) or an agent of such person.";
3.6 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
3.7 Send the written communication to:
Kolkata 700091, India
Ph: (91) 33 40064222
3.8 ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 15.1 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY CYP.IN NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
4. Please note that you may be liable for damages, including costs and attorney’s fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification.
5. If a user is found to be a repeat infringer of the copyright rights of others, CYP may terminate access to the user’s Account.
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of CYP’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
1. Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
2. Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of CYP, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable. You agree that you will be bound by the NACHA Operating Rules as such rules are amended from time to time. Without limiting the foregoing, you make all representations and warranties of a receiver under the NACHA rules whenever you initiate or authorize an ACH debit to your bank account. The NACHA Operating Rules are available athttps://www.nacha.org/achrules.