Terms and Conditions of Use

Effective July 27, 2009

Welcome to Solfo, Inc. dba Solfo and YellowBot®. Please read these Terms and Conditions of Use ("Terms") carefully before using, posting or obtaining any content, products or services through Our Site. You agree to be bound by the Terms set forth below, whether You are a user who simply browses Our Site or You are a "Registered User" who successfully completes the sign-up and registration process as set forth below. Please read our Privacy Policy to understand how we handle your personally identifiable information. The provisions of Our Privacy Policy are expressly incorporated by reference into these Terms and Conditions of Use.

  1. 1. Definitions

    • "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Site. The term "Content" also includes Marks and Products and Services.
    • "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
    • "Solfo" or "We" or "Our" means Solfo, Inc. dba Solfo, YellowBot® and Our affiliates.
    • "Products and Services" means the information, locations, data, reference materials, reviews and other items available through the Site.
    • "Provider" means Our licensors, suppliers, information and advertising providers.
    • The terms "Site", "Mark", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link on the Site. The use of third party Sites, marks, content, products and services is subject to the terms and conditions set forth by the owners or operators of such third party websites.
    • "Registered User" means a user of Our Site who has voluntarily provided Us with additional personal information and established a User ID and password.
    • "Registered User ID" means the e-mail address You use (with Your password) and any alias or online handle You link to Your e-mail address to login to our Site.
    • "Site" means www.Solfo.com, www.YellowBot.com and/or their respective subsites, together with the respective Content, Marks, Products and Services available from these sites and subsites.
    • "You" and "Your" means a user who simply browses the Site or a Registered User of the Site.
  2. 2. Scope and Terms

    Site

    These Terms govern Your use of all Content, Products and Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws and regulations. You agree not to use or access the Site in any manner which constitutes a violation of any applicable State or federal laws. You further agree not to use or access the Site in any manner that adversely affects the goodwill and reputation of Solfo and/or its Providers.

    Eligibility / Age restriction

    Your use of the Content, Products and Services available through the Site is void where prohibited. By using the Products and Services, You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 13 years of age or older; and (d) Your use of the Products and Services does not violate any applicable law or regulation. Your status as a Registered User may be terminated and the additional information You have provided to Us may be deleted without warning, if we believe or have reason to believe that You are under 13 years of age. In accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA), You must be at least 13 years of age to register for or use the Content, Products and Services available on the Site.

    Parental control protections (such as computer hardware, software, or filtering services) are commercially available that might assist You in limiting access to material that is harmful to minors. Providers of such protections include: www.kidswatch.com, www.netmop.com and www.child-internet-safety.com.

    Responsible party

    Registered Users must provide a valid e-mail address, their legal name and any other required information to complete the registration process. Registered Users are responsible for maintaining the privacy and security of their Registered User ID. Solfo will not be held liable for any damage or loss that may result from Your failure to protect Your login information, including, but not limited to, Your password. In addition, You will be financially accountable for all use of Our Site by You and anyone using Your password and login information.

    You may not maintain more than one Registered User ID with Us. We reserve the right to revoke access to Content, Products and Services for any Registered User found or determined to be maintaining more than one Registered User ID.

  3. 3. Use of the Site

    License

    Solfo grants You a limited, personal, non-transferable, non-assignable, revocable license to access and use the Site only as expressly permitted by these Terms. Except for this limited license, We do not grant You any other rights or license with respect to this Site and any rights or licenses not expressly granted herein are reserved.

    You may only use the Site for Your personal, non-commercial use and You shall not provide services to any third parties unless We provide You with advance written authorization to do otherwise.

    No Copy, Distribution or Sale

    You may download, display or print one (1) copy of any portion of the Content exclusively for Your own personal, non-commercial use. If You do so, You may not modify the Content in any way, and You must reproduce the Solfo copyright notice (or the Provider's notice as applicable) in the following form:

    as displayed on the relevant page(s) that You download, display, print or copy.

    Except as provided above, you may not

    • Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
    • Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
    • Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
    • Reverse engineer any part of this Site; or
    • Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties.

    Other Limitations

    Unless otherwise provided by these Terms, or unless specific applicable law requires Solfo to allow You to do so, You may not do any of the following without the prior written consent of Solfo:

    • Use the Site other than for legitimate personal and non-commercial purposes;
    • Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
    • Imply in any fashion that Solfo is endorsing Your products or services;
    • Place false or misleading information on the Site;
    • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that may constitute or encourage conduct that: (1) may constitute a criminal offense; (2), may constitute a violation of civil law; or (3) otherwise violates these Terms;
    • Use or access of the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Solfo other Site users or Registered Users;
    • Use any robot, spider, other automatic device, or manual process (1) to monitor or copy Our Site or permanently store the content contained thereon or (2) for any other unauthorized purpose including, without limitation, using or attempting to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
    • Copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except exclusively for Your own personal, non-commercial use) from the Site.
    • Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of Our Site, or take any action that imposes an unreasonable load on our equipment; or
    • Disguise the origin of the information transmitted through the Site.

    Registered User ID and Password

    Access to certain features of the Site is available only to Registered Users. For example, You may be required to register with Solfo if You want to set up a YellowBot® "My Account", where You can rate and review businesses or save Your favorite business profiles, Your consumer reviews, tags or keywords. You may also be required to register with Solfo if You want to post consumer reviews of certain events, movies or businesses in Your community. To become a Registered User, You are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information that You supply to Us, about Yourself, and others, is true and accurate. Our use of any personal information that You provide to us during any registration process is governed by the Solfo Privacy Policy.

    If You register for a YellowBot® "My Account", You will be allowed to save and personalize Our Content, receive and view offers from businesses listed on Our systems, and post ratings and reviews about businesses and other user reviews. By having a "My Account", You agree to take full responsibility for maintaining the confidentiality of Your account user name, password and all related activity that occurs under Your account user name. You may also designate other Registered Users (a user community or "buddy list") who will be able to access Your information of ratings and reviews across different businesses in an aggregated format. Likewise other Registered Users are permitted to allow You to view aggregations of their ratings and reviews. We may also accept Registered User data and allow users to login to the Site through login services provided by third parties, e.g., Typekey, Janrain, or some other service.

    Posting Reviews on Our Site

    Unacceptable Content:

    We reserve the right, but do not undertake the obligation, to refuse to post or to remove any Review or other Content in Our sole and absolute discretion. A non-exhaustive list of unacceptable Content includes, but is not limited to, the following:

    • Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar or sexually explicit language;
    • References to illegal activity;
    • Personal attacks or threats;
    • Disclosure of personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Web sites, etc.;
    • Content which causes, or would tend to cause, injury to the rights of any other person or entity including, but not limited to, false and/or misleading or otherwise defamatory statements about any individual or business which is the subject of a consumer review on the Site;
    • Content which specifically identifies or references the name or relationship of any individual or employee of any business which is the subject of a consumer review on the Site;
    • Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand, including links to websites determined at Solfo’s sole and absolute discretion to be spam;
    • Content generated by automated scripts and processes, including "bots";
    • Content that We determine to be illegal or in violation of any federal, state, or local law or regulation;
    • Content that is not in English; that is encrypted; or that contains any computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
    • Content that violates the standards of good taste in Our sole and absolute discretion and judgment.
    • Content that references another business name in an attempt to knowingly or unknowingly advertise, promote, recommend or, alternatively, defame another business or harm the reputation of another business.

    Uploading copyrighted materials is also forbidden. Registered Users must take responsibility for uploading copyrighted material. Solfo is not responsible for any copyrighted material uploaded to the Site.

    If You see objectionable content or have any questions about these Terms, please contact us at help@yellowbot.com

    Reviews, Ratings Tags and Key Words which are not Approved or Endorsed by Solfo

    Reviews and ratings do not reflect the views of Solfo; its affiliated entities; or its employees, officers, directors, or shareholders. We do not assume responsibility or liability for any claims, damages, or losses resulting from any use of the Site or any Review or other Content posted on the Site.

    Your Comments, Submissions and Reviews are Owned by Solfo

    Any communications, reviews or materials You transmit to Us or any of Our affiliates through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to Us, or by posting on the Site any Communications or Materials, You grant Us and Our affiliates and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return of such Communications or Materials. We want Your reviews and feedback and appreciate Your ideas and suggestions, but We are unable to answer every comment individually.

    Termination

    Solfo, in its sole and absolute discretion, may, at any time and without advance notice, terminate or restrict Your access to all or any component of Our Site, even if access continues to be allowed to others. Upon such termination or suspension, You must immediately discontinue use of the Site, and destroy any copy You have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass. Solfo shall have no liability to any user for any suspended or terminated access to the Site.

    Changes

    Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended or modified at any time at Our sole and absolute discretion and without prior notice to You. However, We make no commitment to update the information contained on this Site. You agree that Solfo shall not be liable to You for any delay or other damages that might result from such modification, suspension or discontinuance.

    We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.

    We may also modify these Terms at any time.

    4. Privacy and Security

    Your use of the Site is subject to Our Privacy Policy. You agree that You have read our Privacy Policy, and it is acceptable to You.

    Your acceptance of these Terms also constitutes Your consent to the information and practices in our Privacy Policy.

    5. Services and Content Disclaimer

    Availability

    We will use Our reasonable commercial efforts to keep Our Site available on a 24-hour/7-days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability to any user for any delay, interruption or downtime in connection with Our operation of, and Your access to, the Site.

    Content

    The Content is intended for information purposes only. Although We exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current or applicable to Your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to Us by the vendor. We assume no liability or responsibility to any user for any errors or omissions. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.

    Viruses

    We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

    6. Links to third party sites

    Outbound Links

    For Your convenience, our Site provides links to other sites. When You click on one of these links, You are leaving Our Site and entering another site. We are not responsible for any Content, Products and Services provided through such third party websites.

    You should carefully review the terms and conditions of use of third-party sites because these terms will apply to Your visit to, and use of, these other sites.

    Inbound Links

    We welcome links from a third party site to the home page of our Site, through a plain text link, provided (a) You discontinue providing a link to our Site upon Our request; (b) You do not imply in any fashion that Solfo is endorsing any of Your products or services or is affiliated with You, (c) You do not present Solfo in a false light, or provide misleading or false information about Us, or Our Site or Products and Services, (d) You do not remove or obscure the copyright notices, or other notices on this Site; (e) You do not use any Mark of Solfo or our Providers; and (f) You do not replicate, frame or mirror the content of the Site.

    We reserve the right to require You to remove links to the Site, in Our sole and absolute discretion.

    7. Intellectual Property

    Ownership Rights

    Our Site is the sole and exclusive property of Solfo and/or its licensors. Solfo and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition and other worldwide laws, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

    Trademarks

    Solfo, Solfo.com, YellowBot®, YellowBot.com and all other Marks that appear or are displayed or used on the Site are registered or are common law trademarks or are service marks of Solfo and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission from Us or the relevant Provider, except as an integral party of any authorized copy of the Content.

    Additional Copyright Notices

    Some Content on the Site is owned by third parties. These materials are subject to the additional terms, which are incorporated hereto, and made a part of the Terms.

    If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersedes any provision of these Terms with respect to the Content to which it pertains.

    8. Disclaimer of Warranty

    Solfo and its Providers make no warranty of any kind regarding the Site, Content, Products and Services, all of which are provided on an "as is" basis. Solfo and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Products and Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Solfo is including or offering any Products and Services on the Site is not an endorsement or a recommendation of the Products and Services.

    OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED AS A MATTER OF LAW AND CANNOT BE WAIVED OR DISCLAIMED, SOLFO AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE WARRANTIES AND CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

    9. Limitation of Liability

    Subject to applicable law, Your use of this Site and its Content and Products and Services is at Your sole risk. Services and Products made available on this Site are subject to conditions imposed by the respective Provider. Providers who furnish products or services through this Site are independent contractors, and not Our agents or employees. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED, WE WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE. SOLFO IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMS OF ANY PARTY WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (2) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, OR (3) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF WE AND/OR ANY OF OUR PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO ANY PARTY.

    10. Indemnification

    You agree to defend and indemnify Solfo and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any legal proceeding or quasi-legal proceeding filed or commenced by any third party against Solfo as a result of (1) Your breach of these Terms or the documents made part of these Terms by reference and (2) Your violation of any State or federal law in connection with Your use of Our Site.

    11. Disputes

    The laws of the State of California (USA), without regard to its conflict of law rules, will govern these Terms. If You take any legal action relating to Your use of Our Site or these Terms, You agree to file such action only in the state and federal courts located in the county and city of Los Angeles, California (USA). In any legal proceeding or quasi-legal proceeding between You and Solfo arising out of any Review, Content and/or the Products and Services posted on the Site, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.

    12. General

    Your acceptance of these Terms and Your use of the Site do not create a joint venture, partnership, employment or agency relationship with Us. You may not assign, delegate, or transfer Your rights or obligations under these Terms. If We fail to act with respect to Your breach or anyone else's breach on any occasion, We are not waiving Our right to act with respect to future or similar breaches. If any court of law with proper jurisdiction, finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to Your use of Our site, and replaces any prior understandings or agreements (whether oral or written) regarding Your use of Our Site.

    13. Provisions of these Terms and Conditions

    Modifications

    We may modify, revise or update these Terms and/or Our Privacy Policy, at any time, by updating this posting. Such modification, revision or updating shall be effective upon posting. You should visit this page from time to time to review the then-current Terms, because they are binding on You. Your continued use of Our Site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of Your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

    Written documents

    You may preserve these Terms in written form by printing them for Your records. You hereby waive any legal right to have Solfo provide You with these Terms in writing.

    Electronic Notification

    To the extent that We may need to contact You, You agree that We may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail or instant messaging.

    14. Contact Information

    If You have any questions or concerns about these Terms or if You need further assistance using or accessing the Site or the services offered by Solfo, You may contact Us as indicated below. We will attempt to respond to Your questions or concerns promptly after We receive them. If You contact Us by telephone, you acknowledge and consent to the recording of such telephone conversations for quality control purposes.