This site, cumuluscreativeconcierge.com, is owned and/or managed by Yamanair, LLC
YOU MAY NOT USE THIS YAMANAIR WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY YAMANAIR WEBSITE MAY BE TERMINATED IMMEDIATELY IN YAMANAIR'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.Changes to this Agreement
This Agreement is effective as of September 1,2007. Yamanair reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Yamanair will provide notice of such change on this Yamanair Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Yamanair Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Yamanair Website, Cash By Creative.com
Except where otherwise provided, access to and use of this Yamanair Website, Cash By Creative, is offered with charge and by subscription only. Yamanair reserves the right to charge a fee for access to or use of this Yamanair Website, or any Yamanair Internet Service available on this Yamanair Website at any time in the future. Your access to or use of this Yamanair Website before such time does not entitle you to use of this Yamanair Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS YAMANAIR WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS YAMANAIR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. YAMANAIR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YAMANAIR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. YAMANAIR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS YAMANAIR WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. YAMANAIR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS YAMANAIR WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
YAMANAIR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
This Yamanair Website, cumuluscreativeconcierge.com, may contain links to websites operated by third parties. Yamanair does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Yamanair 's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. Termination of your account for Yamanair Internet Service, SpecByte, removes your authorization to use the Yamanair Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Yamanair shall not be liable to you or any third-party for any termination of your access to a Yamanair Internet Service.
This Yamanair Website may offer certain Yamanair Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively “Yamanair Interactive Services”).
This Yamanair Website , cumuluscreativeconcierge.com, offers Subscription Services . By registering for a Yamanair Subscription Service, such as this which herein referred to as SpecByte, you will be subject to any charges and rules set forth in the description of that service
Some Yamanair Internet Services on this Yamanair Website, including certain Yamanair Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“Yamanair Premium Service”). By using the Yamanair Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.
Limitations on Liability
In no event shall Yamanair, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Yamanair Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Yamanair Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Yamanair Website or any information, software, products, services, and related graphics obtained through the Yamanair Website; (vi) any transactions entered into through this Yamanair Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Yamanair Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Yamanair Website and Yamanair Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Yamanair has been advised of the possibility of damages.
You agree to indemnify, defend, and hold harmless Yamanair, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Yamanair Website and any related Yamanair Internet Service and/or software. Yamanair reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Yamanair in asserting any available defenses.International Use/U.S. Export Controls
Accessing materials on this Yamanair Website by certain persons in certain countries may not be lawful, and Yamanair makes no representation that materials on this Yamanair Website are appropriate or available for use in locations outside the United States. If you choose to access this Yamanair Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.The United States controls the export of any software downloadable from this Yamanair Website. No software or any other materials associated with this Yamanair Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Yamanair Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.