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Yoter Up

Terms of Use

1. Terms

1.1. By accessing this website, you are agreeing to be bound by these website Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. By registering as a user of website or by using of website, you agree to:
maintain no more than a single user account by providing the most accurate, complete and recent information for creating and maintaining said account;
not bring about harm to any of the other users, third parties, Yoter Up;
comply strictly with these Terms of Use;
not violate intellectual property rights of third parties;
not violate privacy rights of other individuals;
the processing of your personal data according to the Privacy Policy.
1.2. You will not use this website or any data or services provided through the website for, or to encourage, any unlawful purpose; nor post or transmit on the website inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or information about your ability to work in certain countries); nor will you post or transmit on the website any libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit on the website any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the website; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the website by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this website. You will not use the website in a manner that could damage, disable or impair the services or content being provided by Yoter Up. You must not attempt to gain unlawful or unauthorized access to the website, other resource material, computer systems or networks connected to any server associated with the website through hacking, password mining or any other improper or illegal means.
1.3. If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You are solely responsible for all activities that occur in connection with your account and must not bring about harm to any of the other users, third-parties, or Yoter Up. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
1.4. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use and we otherwise determine is in our best interests.

2. Intellectual Property Rights

2.1. The materials contained in this website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, podcast and audio), and the design, selection and arrangement thereof, are owned by Yoter Up, its licensors or other providers of such material and are protected by Poland and international copyright, trademark, trade dress, trade secret and other intellectual property or proprietary rights laws. The material in this site is provided for lawful purposes only.
2.2. The trademarks, logos and service marks (collectively the “trademarks”) displayed on the website are registered trademarks of Yoter Up.
2.3. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without written permission of Yoter Up. Your use of the trademarks or any other content on the website is strictly prohibited, unless specifically authorized. You are advised that Yoter Up will aggressively enforce its intellectual property rights to the fullest extent of the law.
2.4. Permission is granted to temporarily download the materials for personal, non-commercial use, for purposes of expanding your knowledge or education only. This is a grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on this website;
remove any copyright or other proprietary notations from the materials;
transfer the materials to another person or "mirror" the materials on any other server; or
download, upload print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any content in whole or in part without Yoter Up written authorization.
2.5. This license shall automatically terminate if you violate any of these restrictions in this Section 2 and may be terminated by Yoter Up at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2.6. In the event that you notice a violation of Yoter Up’s copyrights on any third party website, please send a report of such copyright of third parties please send a report of copyrights violations via this link.
2.7. You agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the legal owner to post the material and to grant to Yoter Up all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Yoter Up or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; and (e) submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. Yoter Up does not endorse any user submissions or any opinion, recommendation, or advice expressed therein, and Yoter Up expressly disclaims any and all liability in connection with user submissions. Yoter Up does not permit copyright infringing activities and infringement of intellectual property rights on the website or the services, and Yoter Up will remove all content and user submissions if properly notified that such content or user submission infringes another's intellectual property rights. You acknowledge that Yoter Up and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove content and user submissions without prior notice. Yoter Up also reserves the right to terminate a user's access to the website and services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website and/or the services more than twice. Yoter Up also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Yoter Up may, at its sole discretion, remove such user submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice.
2.8. Yoter Up doesn’t own content you submit to this website. Yoter Up can use the content you’ve submitted. You grant to Yoter Up the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, reproduce edit, modify, reformat, excerpt, delete, translate, perform, distribute, exercise, commercialize and disclose to third parties any such content. You represent and warrant that you own or control all rights in and to your contributions to the website and have the right to grant the license granted above to us.
2.9. You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not Yoter Up, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

3. Monitoring and Enforcement; Termination

3.1. We have the right to: (i) take any action with respect to any information you submit to the website that we deem necessary or appropriate if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for the Yoter Up; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website; and/or (iv) terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.
3.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS YOTER UP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YOTER UP DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER YOTER UP OR LAW ENFORCEMENT AUTHORITIES.
3.3. However, we cannot review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

4. Disclaimer

4.1. This website contains downloadable materials as well as links to external websites. Yoter Up is not responsible for, and has no control over, the content of such downloadable materials or external websites.
4.2. The material in this website could include technical inaccuracies or typographical errors. Yoter Up may make changes or improvements at any time. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOTER UP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOTER UP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOTER UP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT YOTER UP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
4.3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
4.4. Unless specified otherwise, any information you submit in connection with this website shall be considered as non-confidential and non-proprietary. You represent that you have the lawful right to submit such information. By supplying such information, you give to Yoter Up the right to use it on an unrestricted basis. We do not require any 'sensitive' data in our online recruitment process. We therefore kindly request you not to communicate any personal details revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life, litigation or judicial convictions. If you nevertheless provide us with such sensitive data, you agree that we may process it for our recruitment purposes.
4.5. Yoter Up does not guarantee that any employer or client will ask for a candidate’s information that was submitted through this website, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this website. We do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
4.6. The documents provided on this website contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, and Section 21E of the Securities Exchange Act of 1934. These forward-looking statements include information about possible or assumed future results of our business and financial condition, as well as the results of operations, liquidity, plans and objectives. In some cases, you can identify forward-looking statements by terminology such as “believe,” “may,” “estimate,” “continue,” “anticipate,” “intend,” “should,” “plan,” “expect,” “predict,” “potential,” or the negative of these terms or other similar expressions. We may also make forward-looking statements in other reports, in presentations, in material delivered to shareholders and in press releases. In addition, our representatives may from time to time make oral forward-looking statements. Such statements are based on the current expectations and certain assumptions of Yoter Up's management, of which many are beyond Yoter Up's control. These statements are subject to, without limitation, the risk factors discussed under the heading “Risk Factors” in Yoter Up’s Annual Report on Form 20-F for the year ended March 31, 2017 and other documents filed with or furnished to the Securities and Exchange Commission by Yoter Up. Except as required by law, Yoter Up undertakes no obligation to publicly update any forward-looking statements for any reason after the date of this news release whether as a result of new information, future events or otherwise.
4.7. Any transactions described on the website as having been engaged in by Yoter Up are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Yoter Up. The documents provided on this website include supplemental financial measures that are or may be non-GAAP financial measures. These supplemental financial measures should not be viewed in isolation or as alternatives to measures of Yoter Up' net assets and financial positions or results of operations as presented in accordance with Poland GAAP in its consolidated financial statements. Other companies that report or describe similarly titled financial measures may calculate them differently.
Due to rounding, numbers presented throughout this and other documents may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures.

5. Limitations

5.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YOTER UP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF YOTER UP OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. YOTER UP WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TOTAL LIABILITY OF YOTER UP TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
YOTER UP SHALL NOT BE LIABLE FOR YOUR CONTENT, MATERIAL OR OTHER THIRD-PARTY MATERIAL, INCLUDING LINKS TO THIRD-PARTY WEBSITES AND ACTIVITIES PROVIDED BY USERS. SUCH CONTENT AND ACTIVITIES ARE NEITHER ATTRIBUTABLE TO YOTER UP NOR DO THEY REPRESENT YOTER UP’S OPINION.

6. Dispute Resolution

Prior to initiating any dispute or claim, you must first give us an opportunity to resolve any complaints you have by submitting them in writing to email. If we are not able to resolve your complaint within 90 days of receiving the proper email, you may seek relief through arbitration. The Polish Arbitration Court rules and information about arbitration and fees are available online at .

7. Revisions

8. Links

9. Privacy

10. Governing Law

11. Indemnification

12. Availability

13. Waiver and Severability

14. Changes to Terms of Use

15. Entire Agreement