(Revision Date May 4th, 2010)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  IF YOU VISIT OR USE THE YUUWAA.COM WEBSITE (“THIS WEBSITE”) OR USE YUUWAA PRODUCTS OR SERVICES, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND CONDITIONS OF USE (“TOU”), THE END USER LICENSING AGREEMENT AND ANY OTHER POLICIES OR GUIDELINES POSTED ON THIS WEBSITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE AND WHICH SHALL GOVERN YOUR USE OF THE WEBSITE, THE PRODUCTS AND SERVICES.  IT IS THEREFORE IMPORTANT FOR YOU TO READ THEM CAREFULLY BEFORE ORDERING ANY PRODUCT AND USING ANY OF THE SERVICES.

THIS WEBSITE AND THESE TOU ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.   YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE, THE PRODUCTS OR SERVICES SHALL BE DEEMED YOUR ACCEPTANCE OF THESE CHANGES AND THE REASONABLENESS OF THESE STANDARDS FOR NOTICE OF CHANGES. 

Acceptance of Terms.

By visiting and using this Website, you acknowledge that you have read these TOU and agree with all terms and conditions which govern your use of the Products and Services.  You further represent and warrant that you are over the age of 18 and have the legal capacity and right to enter into this agreement. 

We reserve the right, at our sole discretion, to change these TOU, the End User Licensing Agreement and the other policies and guidelines which govern your use of our Website, Products and Services from time to time, without prior notice.  Such modification shall become effective immediately upon the posting to this Website.  You should review these TOU each time you access this Website.  Your access to this Website or the use of the Products or Services will be deemed to be your acceptance of these TOU, and any changes thereto.  If you do not agree with these TOU, please do not use the Website, our Products or Services.

If you are visiting this website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these TOU.

Description Of Services.

YUUWAA is a solution consisting of both a USB key, loaded with integral software, and subsequent Services.  YUUWAA Services enable you:

• to STORE data online in a personal digital datacenter  and to access your own digital data from anywhere, at any time, that has an Internet connection;

• to SAVE online, automatically or manually, the data entered on your USB memory stick. Consequently, if your USB memory stick breaks or is lost, you will  be able to recover a copy of Your digital data online from your personal datacenter;

• SHARING data of your choice with others (hereinafter known as “guest(s)”), through your personal digital datacenter;

• SECURING your personal digital datacenter using a password that of your choice or one that will be generated by YUUWAA at your request.

The Products and Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these TOU.  YUUWAA reserves the right to change the prices displayed on the Website at any time.

Personal And Non-Commercial Use Limitation.

Unless otherwise specified, the Products and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Products or Services.

Privacy And Protection Of Personal Information.

We consider our users' privacy to be of utmost importance.  Please see our Privacy Policy http://www.yuuwaa.com/legal_information_us.html#privacy_policy

] for a detailed description of our information gathering and dissemination practices which govern your use of this Website, our Products and Services.

You understand and acknowledge that the Services are hosted solely in France and that the data are sent from your computer to YUUWAA’s French servers.  By using the Products and Services, you understand and consent to the processing of personal information in France.

Operation and Requirements to Use the Service

We reserve complete and sole discretion with respect to the operation of the Website, Products and Services.  YUUWAA may introduce technical barriers to limit the number, type and/or size of the data stored and/or shared, and/or the number of guests, in order to avoid any wrongful or fraudulent use of the Product and Services.  We also reserve the right to withdraw, suspend or discontinue any functionality or feature at any time. 

To use the Product and Services, you must have suitable computer and telecommunications equipment, which include:

• a computer fitted with a USB port and a operating system of the Microsoft Windows XP SP2  Vista or Windows 7 type and Mac OS X  a broadband Internet connection (We would recommend a minimum connection speed of 1Mb/sec in order to fully experience the benefits of the Product and Services); and
• an Internet browser such as Internet Explorer Version 7 or higher type or Firefox Version 2 or higher.

You are solely responsible for costs of such equipment and for all exposures associated with such use, including but not limited to security and privacy implications.

Website Content and Product Descriptions.  

While we use reasonable efforts to include accurate and up to date information on this Website, errors or omissions sometimes occur.   We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. 

Permitted Use.

This Website, and our Products and Services are protected by intellectual property laws, including but not limited to U.S. copyright laws.  You expressly acknowledge and agree that the content accessible within the Website, Products and Services are the property of YUUWAA and its content providers, and YUUWAA and its content providers retain all right, title, and interest in the content.  You have a nonexclusive, nontransferable, limited, revocable right to use the Website, Products and Services solely for your informational and personal use.  You may not use the Website, Products or Services for any other purpose without our express prior written consent.

You are granted a limited license to print copies of any content but only for your informational and personal use.  Except as expressly provided, all rights are reserved.  Changes to author attribution or copyright notices are prohibited.  Use of any of our trademarks as meta tags on any other Website is also strictly prohibited.  You may not display the Website or portions thereof in things (framing) without our express written permission.  You agree to cooperate with us to cause all unauthorized co-branding, framing or linking to immediately cease.  For further information on Intellectual Property matters contact: english.support@yuuwaa.com

User Generated Content and Storage Data.

You are solely liable for all content and data stored, saved and/or shared, as well as for the activities performed using your user id and password.

You hereby represent and warrant that you have all necessary rights in and to all content you provide to or store with YUUWAA.  YUUWAA does not claim any ownership rights in any your content but by using the Product and Services, you acknowledge that YUUWAA has an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered.  You continue to retain all ownership rights in any content you provide and shall remain solely responsible for your conduct, your content, and any material or information transmitted

YUUWAA reserves the right to monitor the use of its Products and Services by individual users if it believes, in its sole discretion, that there may be misuse of the Products and/or Services, as defined by the terms of these TOU.  If YUUWAA believes, in its sole discretion, that you may be engaging in or in any way connected with any unlawful or improper activity, YUUWAA may: (a) disclose user files and/or storage data to law enforcement or others, as appropriate; or (b) remove, reclassify, recategorize, or block your access to all or any part of YUUWAA's Products or Services at any time for any reason.

YUUWAA also reserves its right to remove any storage data, in its sole discretion, if: (a) YUUWAA is advised of a court order, subpoena or notice under the Digital Millennium Copyright Act ("DMCA") requiring removal of the storage data or any similar rule or regulation of any other jurisdiction; (b) it decides, in its sole discretion, that the storage data may breach any of your obligations, representations, or warranties under the TOU;  or (c) YUUWAA determines that continued availability of the storage data may lead to YUUWAA becoming party to a claim, lawsuit, damages or any liability of any kind.
 

You acknowledge that you assume all risk relating to your storage data, including but not limited to risk of loss associated with the storage data.  YUUWAA shall have no responsibility for and does not guarantee the integrity, completeness or availability of storage data residing on YUUWAA's equipment. You are responsible for independent backup of storage data stored using YUUWAA's services. You agree to defend, indemnify and hold YUUWAA harmless for any loss of data, whether on your equipment or through YUUWAA's Products or Services. YUUWAA may, but shall not be required to, delete your storage data after the termination of these TOU.

Member Account, Password, And Security.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.    You are entirely responsible for maintaining the confidentiality of your password and account.  You are entirely responsible for any and all activities that occur under your account. 

You agree to notify YUUWAA immediately of any unauthorized use of your account or any other breach of security.  YUUWAA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.  However, you could be held liable for losses incurred by YUUWAA or another party due to someone else using your account or password.  You may not use anyone else's account at any time, without the permission of the account holder.

YUUWAA has implemented reasonable technical resources for secure hosting of the servers used for storage and the data they contain against any malicious intrusion.  You understand and acknowledge that

the Services offered do not contain any applications or other facilities which offer protection against viruses.  It is your responsibility to install adequate anti-virus protection that is capable of identifying and destroying any infected file on your computer.

You further acknowledge that you understand that the Products and Services offered by YUUWAA do not incorporate encryption nor additional saving of the data on a second server.

No Unlawful Or Prohibited Use.

You agree to use our Products and Services in a responsible manner that is in full compliance with these TOU and with local laws and regulations, including export and import regulations.  You are solely liable for all content and data stored, saved and/or shared, as well as for your activities using our Website, Products or Services.

As a condition of your use of the Product and Services, you will not engage in any action that are unlawful or prohibited by these TOU.  Additionally, you may not use the Products or Services in the following ways:

1. in any manner that could damage, disable, overburden, or impair any YUUWAA or another party, their servers, or the network(s) connected to thereto;
2. interfere with any other party's use and enjoyment of any Services;
3. to gain unauthorized access to any Services, other accounts, computer systems or networks through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Products or Services;
4. to aid, abet or promote any illegal activity or violate any law or regulation (federal, state or local); or
5. to store or share data known to be dangerous or those that are known by you to contain a virus and that may adversely affect the usage and operation of the Products or Services.

Parental Controls.

YUUWAA does not promote or sell its Products or Services to children.  Users of our Products or Services are strongly encouraged to use parental control protections (hardware, software, or filtering technologies) to limit access to storage data that may be harmful to or inappropriate for children.

Intellectual Property Rights And Notices.

Except for the licenses granted herein, you have no right, title or interest in or to YUUWAA Products or Services or any content. You agree that YUUWAA or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to YUUWAA Products, Services and content, including, without limitation, text, images, and other multimedia data.

All contents of the YUUWAA’s Website, Products and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement  are the property of YUUWAA, and/or the proprietary property of its suppliers, affiliates, or licensors.  Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of YUUWAA and/or it suppliers, affiliates, or licensors.

YUUWAA and the YUUWAA logo are including without limitation, either trademarks, service marks or registered trademarks of YUUWAA, and may not be copied, imitated, or used, in whole or in part, without YUUWAA’s prior written permission or that of our suppliers or licensors.  Other product and company names may be trade or service marks of their respective owners. 

Service Limitations.

YUUWAA uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, YUUWAA does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by YUUWAA from time to time.  We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other users.  If you require customer service, please see http://www.yuuwaa.com/support.htmlfor further information.

Disclaimer of Warranty and Limitation of Liability.

THE WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE, OR OUR PRODUCTS OR SERVICES.  YUUWAA, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (THE “YUUWAA PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TOU.

YOU EXPRESSLY AGREE TO SOLELY ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF YUUWAA'S SERVICES AND THE ACCURACY OR COMPLETENESS OF YOUR STORAGE DATA. YUUWAA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ITS PRODUCT, SERVICES, STORAGE DATA PROVIDED BY THE YUUWAA PARTIES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION AND RELATED LIABILITIES RESULTING FROM YOUR USE OF YUUWAA'S SERVICES.

YOU ACKNOWLEDGE THAT OPERATION OF THE PRODUCTS AND SERVICES MAY NOT BE UNINTERRUPTED OR ERROR FREE. THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE WEBSITE.

THE YUUWAA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, THE YUUWAA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PRODUCTS AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE PRODUCTS AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PRODUCTS AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE PRODUCTS OR SERVICES, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY PRODUCTS, SOFTWARE OR SERVICES AVAILABLE FROM THIRD PARTIES. 

IN NO EVENT SHALL THE YUUWAA PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES, DOCUMENTS, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, EVEN IF YUUWAA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THESE TOU, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH RESPECT TO THESE TOU, THE PRODUCTS OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS OR SERVICES.  IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND INDEMNIFICATION, YUUWAA IS FOUND RESPONSIBLE TO ANY USER FOR ANY REASON WHATSOEVER, YUUWAA'S TOTAL RESPONSIBILITY SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY SUCH USER FOR OUR PRODUCTS AND SERVICES, AND SHALL NOT INCLUDE PUNITIVE DAMAGES OR CONSEQUENTIAL OR RESULTING DAMAGES OF ANY NATURE.

Third Party Website and Content.

The Website may contain links to third-party websites, which are not under the control of YUUWAA. YUUWAA makes no representation whatsoever about any other website to which you may have access through its Website. When you access a non-YUUWAA website, you do so at your own risk and YUUWAA is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. YUUWAA provides these links merely as a convenience and the inclusion of such links does not imply that YUUWAA endorses or accepts any responsibility for the content or uses of such websites.

Indemnification. 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE YUUWAA PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES RESULTING FROM ANY VIOLATION OF THESE TOU BY YOU, OR YOUR ACTIVITY RELATED TO THE PRODUCTS OR SERVICES.

YUUWAA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with YUUWAA in asserting any available defenses.

Termination.

Termination for Cause:  YUUWAA may terminate, without notice, your use of the Products and Services, in our sole discretion, in the event it believes: (a) there is a breach of these TOU by you; (b) you submit false or misleading information to YUUWAA; (c) you misused the functions of the Product or Services; or (d) you violated any laws or regulations in your use of the Products or Services.  Upon termination for cause, you will no longer have the right to access YUUWAA's services. YUUWAA expressly reserves any and all additional rights and remedies it may have against you including, but not limited to, claims for breach of contract.

Termination for Convenience by You: You may cancel your subscription to the Services by registered letter with acknowledgement of receipt, with an indication of your order number, name, before the fifteenth (15) of the month, at the end of which you want the cancellation to become effective.  In the case of cancellation of a monthly subscription, no reimbursement will be made.  In the case of cancellation of an annual subscription, you will be reimbursed pro rata for the remaining months on the basis of monthly re-invoicing for the time that has lapsed since the most recent effectiveness of the cancellation. The amount due to YUUWAA will be deducted from your reimbursement.

Termination for Convenience by YUUWAA:  YUUWAA reserves the right to change, suspend or discontinue all or any aspect of its Services at any time, including the availability of any feature, storage data, without prior notice or liability to you.  YUUWAA may terminate this Agreement at any time for any reason or for no reason by sending notice of termination to you. You expressly waive and release YUUWAA from any and all claims you may have arising out of or related to any such termination.

Recovery and Destruction of Your Storage Data:  Regardless of the origin of the termination, you have a period of thirty (30) days from the date of notice of termination to recover your storage data.  After this thirty (30) day period, you acknowledge having been informed and you agree for your storage data to be automatically destroyed.  The recovery period for your storage data shall not apply where this data is manifestly illegal or in breach of these TOU, in which case we reserve the right to destroy it immediately.

Compliance With Intellectual Property Laws; Copyright Infringement.

When using the Services, you agree to abide by the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

YUUWAA has legally mandated procedures in place regarding allegations of copyright infringement occurring via the Products or Services. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of YUUWAA or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want YUUWAA to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) the signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 YUUWAA to locate the material; (d) information reasonably sufficient to permit YUUWAA to contact you, such as an address, telephone number, and if available, an e-mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to YUUWAA at:

YUUWAA.
Copyright Infringement
Gemalto/ YuuWaa

Avenue des Jujubiers                                                     
Z.I. Athelia IV                                                                    
13705 La Ciotat Cedex – France

english.support@yuuwaa.com

Disputes.

These TOU and your relationship with YUUWAA shall be governed by and construed in accordance with the laws of New York, excluding its conflicts-of-law principles.  Please note that your use of the Services may be subject to other local, state, national, and international laws.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, CAUSE OF ACTION OR DEMAND BETWEEN YOU AND YUUWAA, THESE TOU, THE PRODUCTS OR SERVICES MUST BE BROUGHT WITHIN SIX MONTHS OF THE DATE UPON WHICH YOU WERE OR SHOULD HAVE FIRST BEEN AWARE OF THE EXISTENCE OF THE GROUNDS FOR SUCH CLAIM OR CAUSE OF ACTION. THIS APPLIES TO YOU AND YOUR SUCCESSORS. 

Any dispute between you and YUUWAA relating to these TOU, Products or Services shall be resolved by binding arbitration pursuant to the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof.
 

Legal notice to YUUWAA must be delivered to:

Legal Notice
YUUWAA
Gemalto/ YuuWaa

Avenue des Jujubiers                                                     
Z.I. Athelia IV                                                                    
13705 La Ciotat Cedex – France

english.support@yuuwaa.com

Miscellaneous.

You may not assign, transfer or delegate these TOU, or any part of it, including but not limited to your benefits under these TOU or the Products or Services to any other party. YUUWAA may assign these TOU and ownership of its Products or Services, in whole or in part, at any time with or without notice to you at its sole discretion.

The failure of YUUWAA to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. 

A printed version of these TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All rights not expressly granted herein are reserved.

These TOU supersede any prior representations made by YUUWAA or negotiations between you and YUUWAA and is the entire agreement between the parties relating to the subject matter contained herein.

You represent that you have carefully read these TOU, that you understand its contents.  If you have any questions concerning these TOU, please contact english.support@yuuwaa.com.

Copyright 2010 Gemalto.©    All Rights Reserved.

(Last Updated: April 30th, 2010)

YuuWaa is committed to protecting you the user (“You”) personal information when You are using YuuWaa services and products. We want our services to be safe and enjoyable environments for our users.

This privacy policy (“Policy”) applies to the YuuWaa Web sites and services and tells You how Your personal information is collected, used, disclosed, and protected by Yuuwaa. By using the YuuWaa services You consent to the collections of Your personal information as described in this Policy.

1- Changes to This Policy

We may change this Policy from time to time. If we make any changes to this Policy, we will change the “last updated” date above. If there are material changes to this Policy, we will notify You more directly. We encourage You to check this Policy whenever You use our Web sites and services to understand how Your personal information is used.

2- What information will YuuWaa collect about me?

We collect information from You when You use our Web sites and services. When You register with YuuWaa to create an account, we collect (a) personal information including Your name, email address, account password, mailing address and phone number, we may also ask You for billing information and information about Your computers and devices used by You to use and access the services,and (b) aggregate data. Aggregate data is information from which individual user identities have been removed. Aggregate data helps us in understanding Your needs so that we can better adapt our services. Please note that we may share aggregate data about You with third parties for various purposes, including for advertising and marketing purposes.

In addition we may collect the following information from You:

• Information related to surveys, contests or sweepstakes requesting personal or demographic information and customer feedback.

• Information automatically collected when You interact with our Web pages, services and communications. Such information includes Your computer’s IP address, access times, Your browser type and language, and referring Web site addresses, the type of operating system You use, Your account activity, and files and pages accessed or used by You.

Information collected through the use of cookies. A Cookie is a piece of data stored on the Your hard drive containing information about You the user. Each website can send its own cookie to Your browser if Your browser's preferences allow it, but (to protect Your privacy) Your browser only permits a website to access the cookies it has already sent to You, not the cookies sent to You by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows. Cookies record information about Your online preferences and allow us to tailor the websites to Your interests. You have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these means that certain personalised services cannot then be provided to that user and accordingly You may not be able to take full advantage of all of the YuuWaa Web site. Each browser is different, so check the "Help" menu of Your browser to learn how to change Your cookie preferences. The information supplied by cookies, which are not different from the information You have already provided to us, can help us to analyse the profile of our visitors and to provide You with a better user experience, to record Your preferences, and facilitate Your visit to our Web site without having to re-enter Your member ID and/or password.

3- How will YuuWaaUse my Personal Information?

In general, we use the information You provide in order to:

• respond to Your requests;
• provide the products and services You've purchased;
• provide customer service;
• provide You with additional information that may be of interest;
• send e-newsletters You have requested and to allow us to customize future e-mail and e-newsletter offerings;
• to contact You if You win a contest; and
• to enable You to communicate and share files with users You designate and users You invite to access Your files.

We may also share Your information with other third parties who perform services for us, but we forbid these companies from using Your personal information for their own purposes. We will not share Your information with other third parties for their own purposes without Your specific agreement.

Please note that we may disclose any information as required by law or when needed to protect our legal rights. For example, we may disclose information about You in response to a subpoena. We may also disclose information about You in connection with the transfer of assets of our business.

4- Will YuuWaashare my Personal Information with anyone else?

As indicated above we reserve the right to share aggregated demographic information about our customers, sales, and traffic to our partners and advertisers.

The use of YuuWaa allows You to share Your files with users You choose. Those users will see Your email address and any files You choose to share with them.

We may have to share Your personal information in connection with an acquisition, merger, or sale of all or a substantial portion of our business, with or to another company. In any such event, You will receive notice if Your data is transferred and becomes subject to a substantially different privacy policy.

5- What if I am accessing YuuWaa Web sitesoutside France?

YuuWaa Web sites is published in France. For international users accessing the site from outside France, please note that all personal information submitted by You to the site will be processed in accordance with this Policy (and any local terms that apply on the YuuWaa Web sites) unless terms on sites specify otherwise.

6- What if I am a user aged 13 or under?

In order to use the services You must be at least thirteen (13) years of age. Children under the age of 13 are not allowed to use the services, thus this Policy makes no provision for their use. In the event that a user identifies himself or herself as a child under the age of 13 within the YuuWaa Web sites, we will not collect, store or use any personal information of such user. Further, in the event that we discover that personal information were provided by a child under the age of 13, we will promptly delete such personal information in a secure manner.

7-How secure are the information You collect from me?

We take appropriate security measures to protect information we collect from You unauthorized access, disclosure, alteration, or destruction. Credit card number and password that we request from You on our Web site is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.

Even though the servers on which information is stored are kept in a controlled environment with limited access, You should know that no security system is impenetrable. We cannot guarantee that the data You choose to include in documents You store through our services are maintained at adequate levels of protection to meet specific needs or obligations You may have relating to that data.

8- How can I update my Personal Information?

At any time You may correct or update Your information as soon as they change. To do so You have to logging into Your account. In case You decide to cancel Your YuuWaa account, Your personal information may remain on record for some period of time.

9- Can I opt-out from certain services?

As a registered user You will receive by email a news letter regarding our products and services. You may opt-out of receiving such news letter from Yuuwaa at any time by clicking the Unsubscribe link provided at the bottom of the newsletter or using the contact form www.yuuwaa.com/contactus.htmlwith Your specific request. Please note that opt-out requests will not apply to transactional service messages, such as security alerts and notices about Your current account and services.

10-Contacting YuuWaa about this Policy.

Any questions about this Policy please use the contact form www.yuuwaa.com/contactus.html.

1. Prices, cost of delivery and payment method

1.1- The prices for the use of the services offered by the products in the YUUWAArange(“Services”) are those indicated at the Site (www.yuuwaa.com) on the date of ordering. Prices are expressed in US Dollars with a separate indication of the taxes applicable. Full details of applicable charges for the Services are contained on the Site and can be viewed using the following link: http://www.yuuwaa.com/plans.html

1.2- The prices depend on the duration of the Services for which you, the customer, have opted, as described on the Site.

The Services may be purchased by subscription for a period of one (1) year. The Services must be paid for at the start of the period and for the whole term of the subscription.

1.3- Payment may be made by the following methods when ordering Services: http://www.yuuwaa.com/faq.html. All payments are processed securely through a separate part of the Site.

1.4- GEMALTO reserves the right to change the prices displayed on the Site at any time. 

2. Orders

2.1- Any order placed through the Site shall be subject to acceptance by Gemalto SA(“GEMALTO”) and will only be validated following your acceptance of the Conditions and receipt of an e-mail confirmation from GEMALTO. It is your responsibility to check the accuracy of your order before submitting it, so please check your order carefully. Our e-mail acceptance of your order brings into existence a legally binding contract with GEMALTO.

2.2- GEMALTO reserves the right to cancel any order for Services (whether or not your credit card has been debited) where a material error has arisen relating to the price or the Services circulated on the Site, or if the Services prove to be no longer available.

2.3- If, purely under the circumstances stated in article 2.2 of the Conditions, GEMALTO cancels an order for which you have already proceeded to make payment, GEMALTO will refund the amount in question within 30 days by crediting your account.

2.4- You must check the information submitted during the order and notify Us immediately if there are any errors by sending an email to the following address: english.support@yuuwaa.com.

In the absence of any such notification being received, GEMALTO shall proceed on the basis of the original order.

3. Cancellation option

3.1- At the end of the free Services period starting from the original subscription to the Services and will continue for a maximum period of six (6) continuous calendar months, you can take out a paid subscription to the Services without obligation.

For a period of seven (7) working days commencing on the day following the date upon which you first receive, or have access to the Services (which ever is the earliest), you may cancel, without penalty and without having to give a reason, your Order for the Services. If you exercise this option, You must notify Us within the stated time frame, by sending an email to GEMALTO which must contain your name and your order number, to the following address: english.support@yuuwaa.com.

3.2- You are hereby informed that if you exercise this option, you will no longer be able to use the Services to which you previously had free access. You must recover your data within seven (7) calendar days following the exercise of this option, at the end of which your data will be destroyed automatically.

3.3- If you exercise this option, GEMALTO will refund to you all of the amounts you paid for the Services as soon as possible and at the latest within thirty (30) calendar days from the date on which you exercised this option.