YoPost Terms of use.

1. ACCEPTANCE OF TERMS
YoPost (the “WebSite”) is an internet web site owned by NXG Group, Inc., a New Jersey corporation. You must be thirteen years (13) or older to use it. WebSite provides a collection of online services, including free file sharing, post gossip and browse the WebSite. By using yopost services you acknowledge and agree that you will be bound by these Terms of Service, which may change from time to time. Should you object to any terms or conditions of the Terms of use, any guidelines, or any subsequent modifications thereto or become dissatisfied with WebSite in any way, your only recourse is to immediately discontinue use of WebSite. The WebSite owns the right to modify these Terms of Use at any time and will publish notifications of material modifications at its sole discretion.This Web site is made available for your personal, non-commercial use only. You may not use this Web site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from any type of Web search and reformat and display them, or mirror the Web site home page or results pages on your Web site. If you want to make commercial use of the Web site, you must enter into an agreement with the NXG Group, inc. to do so in advance. Please contact us for more information. You can review the most current version of the Terms of Use at any time at: http://www,yopost.com/terms.php

2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify, change, or otherwise alter these terms at any time. Any such modifications shall become effective immediately upon the posting thereof. You must review this terms and conditions on a regular basis to keep yourself informed for any changes. Please click the following url for the most recent version of the Terms Of Use http://www.yopost.com/terms.php

3. WEBSITE CONTENT
The Website service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Website service for any purpose. You understand that all postings, messages, text, files, images, photos, video, sounds, or other digital materials ("Content") posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. International users agree to comply with all local rules regarding acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service.

However, by submitting the Submissions to the Website, you hereby grant the website a non-exclusive, royalty-free, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, display, and perform the Submissions in connection with the Website. Furthermore, the Content available through the Website may contain links to other websites, which are completely independent of the website. The Website makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk.

You agree that you are responsible to bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under any circumstances will the Website be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the service. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use.

4. YOPOST ACCOUNTS AND ACCESS
A. In order to access some features of the Website, you will have to create a YoPost account. You should never use another's account without permission. When creating your account, you must provide correct and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you notice any breach of security or unauthorized use of your account you must notify YoPost immediately.

B. Although YoPost will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YoPost or others due to such unauthorized use. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from YoPost.

5. THIRD PARTY CONTENT, SITES, AND SERVICES
The yopost site and content available through the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of yopost, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that yopost shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that yopost or NXG is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release yopost, its stake holders, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." , AS WELL AS ANY OTHER STATUTE, LAW OR RULE OF SIMILAR EFFECT OF ANY OTHER JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT. YOU REPRESENT THAT YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF THE RELEASES YOU HAVE MADE HEREIN, AND OF YOUR WAIVER OF ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER SIMILAR STATUTES, LAWS AND RULES.

6.a DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to YoPost/ NXG as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to one of our partners or third party for publication.

6.b NOTIFICATION OF CLAIMS OF INFRINGEMENT

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

Section1:- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.yopost.com/sample.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “NEXT GENERATION” by KG, published by XYZ").

Section2:- Identify the material that you claim is infringing the copyrighted work listed in Section1 above.

FOR Postings, Documents, Videos and other files and urls, YOU MUST IDENTIFY EACH ITEM THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the page, and (b) the URL for each allegedly infringing. For example, suppose the XYZ url that you came across, and found that the page and content / url that you believe infringes the copyrighted text you identified in section1 above. In this case, you would provide the following information:

Pages : sample.html
URL: www.yopost.com/sample.html
If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to removals@yopost.com.

Section3:- Provide information reasonably sufficient to permit YoPost / NXG Group Inc to contact you (Phone number and Name Prefered).

Section4:- Provide information, if possible, sufficient to permit YoPost / NXG to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

Section5:- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

Section6:-. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Section7:- Sign the form.

Section8:- Send the written communication to the following address:

Copyright Agent
NXG Group, Inc.
57 Inverness Dr,
Edison, NJ 08820

You may download the form here. Click here to download the form

7. PRIVACY POLICY AND INFORMATION DISCLOSURE
7.a Your use of the YoPost website or the Website Service signifies acknowledgement of and agreement to our Privacy Policy. The Website is committed to user privacy in our products and services. If you give us personal information, we will treat it according to this policy.

7.b You agree to the use of your data in accordance with YoPost ’s privacy policies.

http://www.yopost.com/privacy.html

8. BEWARE
Please do not post any negative comments or remarks about any person or organization. Failure to follow these instructions would be considered a consent for yopost.com to share your login information, your IP address and other details with the aggrieved party.

9. DISCLAIMER
We take no responsibility for accuracy of information provided. Please use at your own risk. The Website reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Website may also edit, refuse to post, or delete any posting at the Website’s sole discretion. The Website reserves the right to restrict access by any users whom the Website believes, in its sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.

The Website does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through the Website is at your own risk.

10. SERVICE LIMITATIONS
You acknowledge that Website may establish limits concerning use of the service, including the maximum number of days that content will be retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service. You agree that YoPost has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You acknowledge that YoPost reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that YoPost shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

11. TERMINATION OF SERVICE
You agree that YoPost, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if YoPost believes that you have acted inconsistently with the letter or spirit of the TERMS OF USE. Further, you agree that YoPost shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the service after said termination.

12. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, other digital material or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not YoPost, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. YoPost does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YoPost be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

13. ANTI-SPAM POLICY
You may not use YoPost to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use YoPost to violate the terms of this section. We may terminate your access or use of YoPost immediately and take any other legal action if you, or anyone using your access to YoPost, violates these provisions. Such violations may subject the sender and his or her agents to civil and criminal penalties. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

14. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL YOPOST BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YOPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE YOPOST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YOPOST SITE OR THE SERVICE, FROM USE OR THE INABILITY TO USE THE SERVICE, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE YOPOST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR PRODUCTS RECEIVED THROUGH OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ADVERTISED IN CONNECTION WITH THE YOPOST SITE OR THE SERVICE OR ANY LINKS ON THE YOPOST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YOPOST SITE OR ANY OTHER MATTER RELATING TO THE SERVICE

15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service is protected to the maximum extent permitted by copyright laws and international treaties. The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YoPost or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of YoPost. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of YoPost, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. You agree not to access the Service by any means other than through the interface that is provided by YoPost for use in accessing the Service.

16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TERMS Of USE by emailing to:

abuse@yopost.org and mailing to

NXG GROUP INC
57 Inverness Dr
Edison, NJ 08820


Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for YoPost / NXG to pursue legal action to enforce the TERMS OF USE, you will be liable to pay YoPost the following amounts as liquidated damages, which you accept as reasonable estimates of YoPost's damages for the specified breaches of the TERMS Of USE:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay YoPost five thousand dollars ($5,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If you send unsolicited email advertisements to YoPost's email addresses or through YoPost's computer systems, you agree to pay YoPost twenty fifty dollars ($50) for each such email.

c. If you post Content in violation of the TERM OF USE other than as described above, you agree to pay YoPost one hundred dollars ($100) for each Item of Content posted. In its sole discretion, YoPost may elect to issue a warning before assessing damages.

d. If you are a Posting Agent that uses the Service in violation of the TERM OF USE, in addition to any liquidated damages under clause (d), you agree to pay YoPost one hundred dollars ($100) for each and every Item of Content posted in violation of the TERMS OF USE. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TERMS OF USER) agrees to pay YoPost an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TERMS OF USE.

e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TERMS OF USE without YoPost's express written permission, you agree to pay YoPost three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay YoPost's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TERMS OF USE, YoPost retains the right to seek the remedy of specific performance of any term contained in the TERMS OF USE, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TERMS OF USE, or any combination thereof.

17. GENERAL INFORMATION
The Terms Of Use constitutes the entire agreement between you and YoPost and governs your use of the Service, superseding any prior agreements between you and YoPost with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YoPost services, affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and YoPost shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and YoPost agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, New Jersey. The failure of YoPost to exercise or enforce any right or provision of the Terms Of Use shall not constitute a waiver of such right or provision. If any provision of the Terms Of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that your YoPost account is non-transferable and any rights to your YoPost UserID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. DEALINGS WITH ADVERTISERS
Your business dealings or correspondence or with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that YoPost shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

19. INDEMNITY
You agree to indemnify and hold harmless YoPost.com,YoPost , NXG Group Inc, its officers, parents, sister companies, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the TERMS OF USE, your breach of any of the representations and warranties herein, or your violation of any rights of another.

20. TRADEMARK INFORMATION
The YoPost, YoPost Upload, YoPost Gossip logo, Store and Share, trademarks and service marks and other YoPost logos and product and service names are trademarks of NXG Group Inc. Without YoPost prior permission, you agree not to display or use in any manner the YoPost Marks.

21. EXTERNAL LINKS
The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, YoPost.com or NXG Group Inc's affiliates and strategic partners and other entities with which our connection consists of only a hyperlink ("Other Sites"). YoPost.com or NXG Group Inc is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by YoPost.com, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. Your partcipation in the third party site is governed by their terms and conditions.

22. ACKNOWLEDGEMENT
You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

23. MISCELLANEOUS
NXG Group Inc, NXG, NXG Group, YoPost.org, YoPost.co.uk, YoPost.net, Yopost, Yopost.com, YoPost, WebSite, Site are used interchangeably and are synonymous. The user of YoPost.com is subject to the Privacy Policy available through this link. http://www.yopost.com/privacy.php

24. FEEDBACK
We welcome your questions and comments on this document. Please send your feedback to feedback@yopost.com

25. CONTACT INFORMATION
If you have any questions regarding this Agreement or the Site, please contact YoPost.com at nxggroup@gmail.com