This policy is effective as of June 28, 2005.

YAARI Inc. TERMS OF SERVICE

Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by Yaari Inc. through http://www.yaari.com ("Yaari"). ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR YAARI. By completing the registration process for the Yaari website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.

Yaari reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Yaari’s sole discretion. The most recent version of this Agreement will be posted on the Yaari website. Although Yaari will provide notice of material changes to this Agreement on the Yaari website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Yaari in any way, Member's only recourse is to immediately: (1) discontinue use of Yaari; (2) terminate Yaari registration; and (3) notify Yaari of termination.

As a Member, you will be provided with a variety of services, as described on the Yaari website (the "Services"), including the ability to earn points for referring friends to the Yaari website. Members may also utilize certain additional services offered from time to time such as mobile communications and various informational services. Yaari reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Yaari’s sole discretion, with or without notice to Members, and with no obligation to Members.

Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Yaari reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Yaari guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Yaari, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Yaari deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Yaari reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
2. Members shall not list the email addresses of people unknown to them.
3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives postal mail.
6. Members shall not attempt to interfere with any other person's use of the Services.
7. Members shall not misrepresent their identity or impersonate any person.
8. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Yaari website.
9. Members shall not use any portion of the Yaari website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
10. Members shall not use any portion of the Yaari website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
11. Members shall not use any portion of the Yaari website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
16. Members shall not attempt to gain unauthorized access to Yaari’s database or other computer systems.
17. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Yaari in connection with the Yaari website or the Services.
18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Yaari website.
19. Members shall not use any portion of the Yaari website or the Services for any unlawful purpose.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Yaari. Yaari will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.

Yaari has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://www.yaari.com/policy.php. Member's use of the Yaari website or the Services signifies acknowledgment of and agreement to Yaari’s Privacy Policy. Members further acknowledge and agree that Yaari may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Yaari, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Add Friends feature is an easy way for Yaari users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on Yaari. By registering for the Yaari website, and by giving Yaari member's email address and password, a member agrees to the Terms of Service and consents to allow Yaari to automatically send an email from the member to member's contacts, encouraging member's contacts to register for the Yaari website. Invitation emails will be sent on member's behalf, with the 'from' address set as member's email address. Yaari will never store member's email password.

E) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM YAARI, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY YAARI FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

Once Member registers for Yaari, Member will have a password and an account with Yaari. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Yaari of any unauthorized use of Member's account or any other breach of security known to Member.

G) Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on the Yaari website and within Yaari email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Yaari and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Yaari Content or third party Content only as expressly authorized by Yaari or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Yaari Content or third party Content without expressly being authorized to do so by Yaari or the third party advertiser. Member may make a copy of the Yaari Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Yaari does not claim ownership of content that its Member's may provide to Yaari, by providing content to Yaari, Members automatically grant, and represent and warrant that they have the right to grant, to Yaari a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.

Yaari respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Yaari at:

Yaari Inc.
358 Angier Ave
Atlanta, GA 30312
copyright@yaari.com

Please provide us with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on Yaari that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

Yaari will forward this information to the alleged infringer. It is Yaari’s policy to terminate the accounts of repeat infringers.

Any controversy or claim arising out of or relating to this Agreement, Yaari, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration 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 Fulton County, Georgia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Yaari may seek any interim or preliminary relief from a court of competent jurisdiction in Fulton County, Georgia necessary to protect the rights or property of you or Yaari (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If there is a dispute between participants on this site, or any third party, Yaari is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Yaari, their 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.

Either party may terminate use of the Yaari website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Yaari may terminate with or without cause at any time and effective immediately, at Yaari’s sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Yaari shall not be liable to Member or any third party for termination of use of Yaari or the Services. Member's right to use Yaari or the Services shall cease immediately. Member shall have no right and Yaari will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.

MEMBER AGREES THAT USE OF THE YAARI WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE YAARI WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YAARI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE YAARI WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, YAARI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE YAARI WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE YAARI WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YAARI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE YAARI WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

UNDER NO CIRCUMSTANCES SHALL YAARI BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE YAARI WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YAARI WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE YAARI WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE YAARI WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YAARI WEBSITE OR THE SERVICES OR ANY LINKS ON THE YAARI WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YAARI WEBSITE OR THE SERVICES OR ANY LINKS ON THE YAARI WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Member agrees to indemnify and hold Yaari, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Yaari harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

This Agreement and the relationship between Member and Yaari shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. If any provision of the Agreement 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 Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yaari, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Yaari makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

The Agreement constitutes the entire agreement between Member and Yaari and governs your use of Yaari and the Services, superseding any prior agreements between Member and Yaari. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Yaari to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Users with questions about this Terms of Service and any of the aforementioned statements may contact Yaari at termsofuse@yaari.com or Yaari.com, 358 Angier Ave, Atlanta, GA 30312.

PRIVACY POLICY

Yaari is a fun website that lets you refer your friends to sign up and communicate with each other. Like any website that offers a service where you register and provide information about yourself or your opinions, it is wise to pay attention to your personal information. At Yaari we understand this, and have established this Privacy Policy to explain how information is collected on our website, and how this information is used. Members Must Be 13 years of age or older. Yaari is intended solely for use by persons 13 years of age or older. All persons under 13 are prohibited from registering on Yaari.

User Information Collected by Yaari

Personally Identifiable User Information

All users begin using Yaari’s services by registering on the Yaari website. When registering, users provide personally identifiable information, which includes their first and last name, email address, mailing address, which school they attend, a user-chosen password, and date of birth, and other personal information. During registration, users also complete survey questions that provide information that is helpful for us to understand the demographics and consumer behavior of our users, such as identifying the users' eye color, style, personality type, favorite color, sport, food, activity or TV show, post-graduation plans or graduation year. Users are also asked to complete a questionnaire for their online profile, which includes a variety of questions about the user's interests. To complete the registration process, Yaari verifies that the user’s email address is a valid email address. This allows us to confirm the user's identity.

Cookies and Passive Data Collection

Yaari logs standard user information and clickstream data for all users, including a user's IP address, operating system, and page views. When users visit particular pages within Yaari, a UserID may be placed in the URL, allowing customized features for the user. Users should be aware that other websites visited before entering Yaari might place personally identifiable information within a user's URL during a visit to their website, and Yaari has no control over such websites. Accordingly, some of this information may be logged by a subsequent website that collects URL information. In addition to the standard log information, Yaari uses a variety of technologies to create a more personalized experience for its users. Cookies are small data files sent by websites to a user's browser and hard drive that identify the computer to the website. We use cookies to allow enhanced features, such as allowing registered users to bypass typing their passwords before entering the website. We may also use cookies to enable customizable content for users, as they become available. Users have the option, within their Internet browsers, to disable cookies and continue to access the Yaari website. Pixel tags are tiny graphic files that are included in HTML-encoded e-mail messages. We use pixel tags to gather information about the e-mails we send to our registered users. When such a message is opened in an HTML-capable e-mail program, the recipient's computer accesses our server to retrieve the pixel tag file, and allows us to record and store the date and time, the recipient's e-mail address, and other standard logging information. The pixel tag also may read cookies. Yaari web pages may also contain similar pixel tags that allow us to count users who have visited those pages, to compile aggregated statistics about site usage, and to deliver co-branded services as they become available. Yaari pixel tags collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the pixel tag resides. Yaari web pages may also contain pixel tags placed there by third party ad servers, to monitor the effectiveness of their advertising.

Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

How Yaari Uses the User Information

Personally Identifiable Information

Yaari uses personally identifiable user information for the purposes of the Yaari website, the Yaari referral and friend list building. Personally identifiable information including members' pictures and names are displayed to people in order to facilitate user interaction on Yaari. Email addresses are used for the purposes of inviting new friends to join Yaari and to add users to members' friends' networks. To facilitate searching and finding friends and acquaintances on the service, Yaari allows users to search for other members using first and last name, email address, location and schools where users may have attended. We also use email addresses to send useful information to all registered users regarding the Yaari website. For example, we use email addresses of users, and of those persons provided on their referral lists, to send an invitation to the referred friend and encourage them to sign up on Yaari. When a user registers on Yaari, an email is automatically sent from the registered user to the email addresses listed on the user's referral page, encouraging the referral to sign up on the Yaari website. If the referred person does not sign up within a few days, we also may send a reminder from the registered user to the referral address. All registered users will be able to view other users Stats, Profiles, and friend list pages, which may include personal information and responses to survey questions. If a registered user refers a friend who goes on to sign up on our site, then the registered user earns points. Yaari does not share the email address and/or other personally identifiable information of any registered user with third parties.

Cookies and Passive Data Collection

Yaari uses cookie, IP address, clickstream and URL information to improve the content of the Yaari website, the quality of Yaari servers, and to provide enhanced features to users, where available. We use cookies to save UserIDs, session validators, and on users' browsers and hard drives, and may use them to provide tailored products or services to those users, as they become available. We also cross-match user information with information collected from cookies and clickstream data in order to test features of the Yaari website, and to better personalize our various offerings for users. IP Addresses also help us to diagnose problems with our server, to administer the Yaari site, and to otherwise provide the Yaari service to its users. IP addresses may be disclosed to a third party if we believe in good faith that the law or legal process so requires, or to protect the rights or property of Yaari or others. From time to time we may extend various offers from various partner companies, including news or additional details on products and services. A user's usage history may result in specifically tailored special offer screens or products. We may also produce aggregate reports for advertisers. For example, we may report to advertisers the number of users who clicked on an ad, or the number of users that visited different portions of the Yaari website. This information will not include personally identifiable information about a user, or a specific user's online usage patterns.

Yaari allows Members to provide information to a profile and/or journal entries that is accessible to other users. We use this profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for users, or to enable other users to find your profile. All information, including any personally identifiable information, which is disclosed by users in his or her public profile and journal entries are available for others to see. Please do not post direct contact information in your profile, such as your email addresses, URLs, instant messenger IDs, phone numbers, full names, or addresses. We also caution you not to share sensitive information (such as social security numbers, credit card numbers, and driver's license numbers) with other users whom you do not know or place such information in your profile.

The Invite Friends feature is an easy way for Yaari users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on Yaari.

At various times we may offer surveys or contests to users. Surveys may ask for contact, demographic or unique identifying information to increase the value of the results. Contests may require contact information or other demographic or personally identifiable information in order to determine eligibility. Yaari may use information collected from surveys and contests for the entertainment of users, and to determine, notify and contact winners of various contests. In addition, users' demographic and/or personally identifiable information and responses to survey and contest questions may be used by Yaari and/or shared with third parties in order to provide specifically tailored special offers or advertisements. Yaari will not share a user's email address with third parties unless the user specifically opts-in to such sharing during the completion of or registration for a survey or contest.

Please be aware that links to third party websites and third-party ad server advertisements that are found on Yaari may, or may not, use cookies, pixel tags and web tags. Yaari may provide links to third party websites, which may, or may not, use cookies, pixel tags and web tags. Ad servers may also use these tools to compile information about where users saw particular advertisements, and to determine which ads were clicked on. We are not responsible for, or have any control over, the privacy policies of those third party websites and ad servers, and encourage all users to read the privacy policies of each and every website visited when linking directly from Yaari.

Yaari may disclose personally identifiable user information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Yaari may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Service; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Yaari, its users or the general public.

Yaari uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by the Yaari website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

Updating or Removing User Information

As a registered user, you may, at any time, choose to correct or update the information you have submitted to us. This may be done by logging into your Yaari account and visiting your Account page. For more information on updating your information, please visit yaari.com/help.

As a registered user, you may, at any time, cancel your account by clicking the “deactivate account” link on the Account page.

We provide users the opportunity to opt out of receiving future communications from Yaari by clicking on the “Unsubscribe” link found at the bottom of the email communication. Any person receiving an email message from Yaari has the opportunity to opt out of receiving future messages, simply by clicking this “Unsubscribe” link. If a user has an active Yaari.com account, choosing to opt-out (unsubscribe) will not cancel the account -- it will still be active, but the user will not receive any more email from Yaari. Users can manage their mailing preferences to specify which type of email to opt out of on their Update Account Info page when they are logged in, simply by un-checking the boxes indicating which type of email they would not like to receive. Users can also cancel their account by clicking the “deactivate account” link on their Account page.

We at Yaari.com are opposed to spam. Our No Spam Policy and Terms of Service prohibit all users from engaging in any activity involving spam on our service. Violations of these policies may result in immediate termination of service and legal action against any spammer. Yaari’s Terms of Service expressly prohibit users from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or other form of commercial solicitation on the Yaari website or through Yaari’s services. Any violation of our policies, by sending unsolicited email advertisements to or through Yaari.com computer systems, will use or cause to be used Yaari.com servers, located in Texas. Accordingly, any unauthorized use of Yaari.com computer systems is a violation of our policies and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of Yaari’s user information, including email addresses and postal addresses, to a separate entity. All registered users will be notified of any change in ownership, merger or acquisition of Yaari’s assets by a third party, and may choose to modify any of their registration information at that time.

Yaari reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the website, and a user's continued use of Yaari will signify agreement to such changes.

Users with questions about this Privacy Policy and any of the aforementioned statements may contact Yaari at admin@yaari.com or Yaari.com, 358 Angier Ave, Atlanta, GA, 30312, USA.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.

Date of Last Revision: April 19, 2009.

Certain virtual products and services may be made available to you ("you" or "User") from time to time by Yaari Inc. or its corporate affiliates (collectively, "us", "we" or "Yaari") through the Yaari Site (however accessed and/or used, whether via personal computers, mobile devices (i.e., purchases via SMS) or otherwise). By purchasing any such virtual products or services through Yaari, you signify that you have read, understand and agree to be bound by these Terms of Sale ("Terms of Sale"). Your purchases of virtual products and services through the Yaari Site and your use of Yaari are also governed by the Yaari Terms of Service ("Terms of Service"), which are incorporated herein by reference. "Yaari Site" means that website currently appearing at www.Yaari.com, any other Yaari or Yaari affiliate-branded or co-branded website or web page (including, without limitation, any and all sub-domains, international versions and successors thereof) and any Yaari or Yaari Affiliate provided services, including, without limitation, services provided through any media, devices or networks now existing or later developed.

These Terms of Sale set out the legally binding terms for your purchase and use of the certain virtual products and services and may be modified by Yaari from time to time. Yaari reserves the right to modify these Terms of Sale from time to time. Yaari will post any modified version of these Terms of Sale on the Site and your continued use of the virtual products and services after such a modified version of these Terms of Sale has been posted constitutes your acceptance to such modified version.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONSENT TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH THE YAARI SITE.

To purchase any virtual good or service available through Yaari, you must be a registered Yaari User and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. If you are under 18, you may make purchases on Yaari only with the involvement of a parent or guardian. Yaari reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

By submitting an order for Yaari Coins through Yaari, you authorize Yaari, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on this Site are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.

You will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase of Yaari Coins. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and Yaari reserves the right to collect such taxes or other fees from you at any time.

In its sole discretion, Yaari may offer you the opportunity to participate in the Yaari Coins service ("Yaari Coins"). Yaari may charge fees for the right to use Yaari Coins, or may distribute the Yaari Coins without charge, in Yaari`s sole discretion. Your Yaari Coins will be stored in an account for you. The Yaari Coins may be redeemed solely on the Yaari Site, cannot be redeemed for cash, and are non-refundable except (i) as required by law or (ii) at Yaari`s sole and absolute discretion. We may further restrict your ability to redeem your Yaari Coins based on your country of residence. We have no obligation to continue making features of our Service (including Virtual Goods, as described below) available for Yaari Coins redemption. For clarification, although you may buy Yaari Coins via mobile services, the Yaari Coins are not redeemable for content or services offered by the carrier. While the Yaari Coins you purchase do not expire, if you do not use your Yaari Coins within two (2) years after the date of purchase, Yaari may, in its discretion, redeem such Yaari Coins on your behalf by applying them toward features of our Services (as defined in the Yaari Terms of Service) chosen by Yaari in our sole discretion. Upon termination of these Terms of Sale under the Yaari Terms of Service, Yaari`s offering of Yaari Coins, and your ability to redeem the Yaari Coins, may also be cancelled, without any right to compensation for you. For purposes of clarification and not limitation, if you violate Yaari`s Terms of Service or cancel your Yaari account, Yaari`s offering of Yaari Coins, and your ability to redeem the Yaari Coins, may also be cancelled, without any right to compensation for you.

We may cancel, suspend or otherwise limit your access to your Yaari Coins account balance if we suspect fraudulent, abusive or unlawful activity on your Yaari Coins account balance. Once we delete Yaari Coins from an account balance, we will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your Yaari Coins account balance, your right to use your Yaari Coins account balance immediately ceases. We will use reasonable efforts to investigate Yaari Coins account balances that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the Yaari Coins service, including applying limits to: the number of Yaari Coins you may have credited to your Yaari Coins account balance at one time, the number of Yaari Coins you may redeem within a given time period (for example, one day), and the number of promotional Yaari Coins you may obtain in a single event.

If we post Yaari Coins to your account for an activity that is subsequently voided, canceled or involves a returned item, then we will remove those Yaari Coins from your account. You must ensure that we properly post your Yaari Coins to your Yaari Coins account. If you believe that you have validly acquired Yaari Coins that we have not posted to your Yaari Coins account, we will not consider posting these Yaari Coins unless you contact us within one hundred twenty (120) days after the date you claimed to have acquired those Yaari Coins. We may require reasonable documentation to support your claim.

In its sole discretion, Yaari may offer you the opportunity to redeem Yaari Coins for certain virtual items and services ("Virtual Goods") through the Yaari Site as part of our offering of the Services. As part of these Services, and subject to the terms and conditions of these Terms of Sale, Yaari grants you a limited, non-transferable, revocable license to the Virtual Goods. Regardless of the shorthand use of the terms "purchase," "buy," "sell," "order" or the like on the Yaari Site or in these Terms of Sale, you do not own any Virtual Goods and acknowledge that you have only the foregoing license to the Virtual Goods. All use of the Virtual Goods is for your personal, non-commercial use only. Yaari will use commercially reasonable efforts to make Virtual Goods you have purchased available for use within a reasonable period of time after purchase. Upon termination of these Terms of Sale under the Yaari Terms of Service, Yaari`s offering of Virtual Goods may also be cancelled, without any right to compensation for you. For purposes of clarification and not limitation, if you violate Yaari`s Terms of Service or cancel your Yaari account, Yaari`s offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you. If you have any questions about Virtual Goods, please contact customer support.

The existence of a particular Virtual Good available for redemption with Yaari Coins is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. Yaari may revise, discontinue, or modify Virtual Goods at any time without notification to you. Yaari shall have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, Yaari reserves the right to substitute items of equal or greater value when an item or service is unavailable or Yaari may cancel your purchase. The length of time you may have access to Virtual Goods you purchase will be determined by Yaari in its sole discretion. The images and other content included as part of Virtual Goods is part of the Yaari Intellectual Property (as defined in the Yaari Terms of Service) and is subject to all terms and conditions regarding such Intellectual Property as set forth in the Terms of Service. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding Content as set forth in the Terms of Service. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by Yaari.

We attempt to be as accurate as possible and eliminate errors on Yaari, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Yaari Site, in an order confirmation, in processing an order, delivering a Virtual Good or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, Yaari Coins as described above), with a value at least equal to the amount charged to your credit card. Yaari reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, send an email to . You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.

We care about the privacy of our Users. Click here to view the Yaari Site's Privacy Policy. By using the Yaari Site, you are consenting to the processing of your Personal Information according to this Privacy Policy.

Your Personal Information may be processed by Yaari or its payment processors in the country where it was collected as well as other countries (including the United States of America) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE YAARI SITE, INCLUDING YAARI COINS AND VIRTUAL GOODS, ARE PROVIDED "AS-IS" AND YAARI, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YAARI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. YAARI DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Yaari.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YAARI OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY YAARI COINS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF YAARI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YAARI`S AND ITS LICENSORS` AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

This Agreement shall be governed by the laws of the State of Georgia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Yaari agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Atlanta, Georgia (USA) and the federal courts located in Georgia (USA) in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Yaari may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Georgia law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.

You agree to indemnify and hold Yaari, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any Yaari Coins, or other products or services made available through the Yaari Site, or any violation of this Agreement or of any law or the rights of any third party.

These Terms of Sale constitute the entire agreement between you and Yaari regarding the subject matter set forth herein, and supersede all prior and contemporaneous agreements regarding the same. The failure of Yaari to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Yaari Terms of Service, these Terms of Sale shall be controlling.