YADAHOME.COM TERMS OF USE

General Acceptance.
The following Terms of Use constitute a legal agreement ("Agreement") between you (and, if you are an Eligible Minor (as defined below) your parent or legal guardian who provided Parental Consent (as defined below)) and YADAhome.com, LLC ("YADAhome") with respect to your access to, and use of, the YADAhome.com website (sometimes referred to herein as the "Site") and any services or features provided by YADAhome, its vendors or through the Site (collectively, "Services"). By accessing, browsing and/or otherwise using the Site or any Services, whether as a visitor or as a registered member, you acknowledge and agree that (1) you (and, if you are an Eligible Minor, your parent or legal guardian who provided Parental Consent) have read and understand these Terms of Use and YADAhome's Privacy Policy, (2) you (and, if you are an Eligible Minor, your parent or legal guardian who provided Parental Consent) will be bound by these Terms of Use and YADAhome's Privacy Policy and (3) you will comply with any and all applicable laws, rules and regulations in connection with your access to, and use of, the Site and any Services. If you do not agree to all of these Terms of Use as set forth in this Agreement or any modifications thereto made by YADAhome, you may not access, visit, browse and/or otherwise use the Site or any Services.

Eligibility.
Use of the Site and any Services is void where prohibited. The Site and any Services provided on or through the Site are intended only for users who are at least thirteen (13) years of age. Any registration as a Site member, or other use of, or access to, the Site or any Services provided on or through the Site by any individual under the age of thirteen (13) is strictly prohibited and will constitute an automatic violation of these Terms of Use. If you are between the age of thirteen (13) and eighteen (18) (an "Eligible Minor"), your registration as a Site member, or other use of, or access to, the Site or any Services provided on or through the Site requires the consent of at least one of your parents or legal guardians ("Parental Consent"). Before providing Parental Consent, your parent or legal guardian is required to read these Terms of Use and YADAhome's Privacy Policy. Each parent or legal guardian that provides Parental Consent on behalf of an Eligible Minor hereby agrees that he or she and such Eligible Minor are legally bound by these Terms of Use. With respect to any Eligible Minor, YADAhome reserves the right to (1) ask that the Parental Consent be delivered to it in writing, (2) make any other verification deemed necessary or prudent in its sole discretion to determine that such Eligible Minor has Parental Consent to access the Site and any Services, and (3) revoke and terminate your authorization to use the Site and any Services if YADAhome determines that such Eligible Minor does not have, or cannot verify to its satisfaction that such Eligible Minor has, Parental Consent.

By accessing, browsing and/or otherwise using the Site or any Services provided on or through the Site, you represent and warrant that (1) you are at least thirteen (13) years of age, (2) your use of the Site and/or Services does not violate any applicable law, rule or regulation, (3) any information that you have posted on the Site is complete, correct and accurate in all respects and (4) you will at all times maintain the accuracy of such information.

In order to register as a Site member and to set up a "my fridge" profile, it will be necessary for you to choose an individual username and password. You are fully responsible for choosing and maintaining the security and confidentiality of your username and password. At no time will you access or use the username or password of any other Site member or disclose your username or password to any other Person. You acknowledge and agree that any Person who you add to your "my network" portion of your profile will be able to access and use your profile in accordance with the profile privacy settings that you select. If you suspect or become aware of any unauthorized use of your profile, username or password, you will notify us immediately.

If you violate any of these Terms of Use as set forth in this Agreement, your authorization to use the Site and any Services will automatically terminate and you agree to immediately destroy any downloaded or printed materials and discontinue all use of the Site (and any links thereto) and any Services. In addition, YADAhome may terminate your Site membership, delete all or any portion of your "my fridge" profile or User Material, restrict or prohibit your access to the Site, your profile or any Service provided on or through the Site or take any other lawful actions, at any time for any reason or no reason, with or without notice, as determined in YADAhome's sole and absolute discretion, including, without limitation, if (1) YADAhome believes or has any reason to believe that you are: under the age of thirteen (13), or an Eligible Minor but do not have Parental Consent, or over the age of eighteen (18) but represent yourself as being under the age of eighteen (18) or (2) YADAhome believes or has any reason to believe that you are violating any of these Terms of Use.

Fees.
(a) General. You will be required to pay one or more fees ("Fees") in order to access and take advantage of certain Services (e.g., the services and features of YADAhome.com Premium Memberships and the mobile services and features such as the iPhone, Blackberry and T-Mobile applications). Therefore, in order to access and take advantage of such Services you (or, if you are an Eligible Minor, your parent or legal guardian) will be required to enter and store your credit card information on your profile and maintain a valid credit card account number on your profile at all times. Any individual that enters and stores his or her credit card information on an Eligible Minor's profile or for the benefit of any Eligible Minor's use of the Site or any Services shall be deemed to have represented and warranted to YADAhome that such person is the parent or legal guardian of such Eligible Minor and that such individual has provided Parental Consent for such Eligible Minor to access the Site and any applicable Services. All Fees will be charged to your (or, if you are an Eligible Minor, your parent's or legal guardian's) credit card account that is listed on your profile at the time the charge is made. YADAhome will store your (or, if you are an Eligible Minor, your parent's or legal guardian's) credit card information (including, without limitation, your (or, if you are an Eligible Minor, your parent's or legal guardian's) credit card account number) and will transmit such information to its vendors for purposes of charging any and all Fees. If, at the time a Fee is charged, your (or, if you are an Eligible Minor, your parent's or legal guardian's) credit card being charged is invalid or otherwise not chargeable, your access to the Services for which the Fees are being charged will be terminated. It is your responsibility to notify YADAhome if you wish to discontinue receiving any Services for which Fees are being charged. If you do not notify YADAhome of such desire, by either cancelling your account using the cancellation method on your profile or by emailing YADAhome at cancel@yadahome.com with your cancellation, at least seven (7) days prior to the date of a charge, your credit card will be charged for any and all applicable Fees.

All Fees paid or charged are nonrefundable in all respects (including, without limitation, in the event the Site or any Services are discontinued, interrupted or modified, in the event any of your User Material is deleted, removed, modified or restricted or in the event you discontinue any Services). If you fail to pay, or YADAhome or its vendors are unable to charge, any Fees required for any Services, those Services will no longer be available to you, and certain User Material may be deleted, removed, modified or restricted, or otherwise become unavailable to you.

YADAhome reserves the right, at any time upon notice, to modify all Fees, and/or to begin charging additional or other Fees for access to, membership in, or other use of the Site and/or any Services, as determined by YADAhome in its sole and absolute discretion. Your continued use of the Site and/or any Services following such notice will constitute your acceptance of, and agreement to pay, any and all such Fees.

(b) Free Trials. YADAhome may, in its sole and absolute discretion, offer a free trial period of certain Services, such as a free trial period for YADAhome.com Premium Service. The length and scope of any such free trial period will be determined by YADAhome in its sole and absolute discretion and YADAhome may modify, terminate, cancel or discontinue any free trial period, or any Services offered under a free trial period, at anytime without requiring any notice to or consent from you. Once a free trial period is terminated or discontinued, you will no longer have access to or use of the Services offered for free during that trial period, unless YADAhome or its vendor continues to provide such Services and you properly register for such Services and pay all applicable Fees as provided in this Agreement.

Once you elect to register or pay for any Services, your free trial period (if any) for those Services will immediately terminate, even if there is additional time left on the free trial period, and you forfeit any claim to any time remaining under that trial period. Any free trial period offered by YADAhome after a member has purchased a subscription will run concurrently with any existing paid subscription to YADAhome.com Services. Under no circumstances can any trial period be used to extend the length of any paid YADAhome.com subscription, nor can it be combined with any other free or paid subscription or transferred to any other person or account. Subscribers receiving trial periods cannot apply these trial periods against any paid subscription period and subscribers receiving free trials of any length will not be entitled to full or partial refunds of any paid subscriptions. Free trial offers cannot be combined with any other offers or transferred to any other account, entity or individual.

(c) Third Party Fees. In addition to any Fees owed to YADAhome for Services, additional fees, costs and expenses from third party service providers may be incurred in connection with your use of the Services ("Third Party Fees"). Third Party Fees may include, but are not limited to, cellular, phone, sms, text and other messaging fees, and cable, satellite and other internet related fees. You hereby agree to be responsible for any and all Third Party Fees incurred in connection with your use of the Services. You further agree that YADAhome bears no responsibility for any Third Party Fees incurred in connection with your use of the Services and that you shall not seek to hold YADAhome liable for any such fees or costs.

Premium Memberships - Additional Terms and Conditions.
(a) Description of Premium Service. The YADAhome.com Premium Service includes the online (non-mobile) version of YADAhome.com's upgraded To Do List, Grocery List and Calendar. The Premium Service is available only through a Premium Membership to YADAhome, which may be either a Premium Individual Membership or a Premium Family Membership. A basic (free) YADAhome.com member electing to upgrade to a Premium Membership will be given the option to select either a Premium Individual Membership or one of the Premium Family Memberships described below.

(b) Premium Memberships.
(i) Description of Premium Memberships. A Premium Individual Membership to YADAhome allows only the YADAhome member electing to upgrade to the Premium Membership (the "Founding Member") to enjoy the Premium Services, while a Premium Family Membership allows the Founding Member to share the benefits of the Premium Services with one or more additional YADAhome members that are in their Family (as defined below) of the Founding Member (each an "Associate Family Member").

(ii) Network. In order for an Associate Family Member to receive the benefits of the Premium Services, the Associate Family Member must be "networked" with the Founding Member, meaning that the Associate Family Member must be added to the "my network" portion of the Founding Member's profile. Upon upgrading to a Premium Family Membership, the networked Associate Family Members will be those YADAhome members first added to the "my network" portion of the Founding Member's profile. For example, if a Founding Member purchases a 4 Person Family Package (see provisions below regarding the different Premium Family Membership packages available), the first three YADAhome members added to the "my network" portion of the Founding Member's profile will be the networked Associate Family Members for the Premium Family Membership account.

An Associate Family Member will receive the benefits of a Premium Family Membership only for as long as all Fees associated with the Premium Family Membership have been duly and timely paid by the Founding Member (see discussion of Fees below) and the Associate Family Member remains networked to the Founding Member. If at any time a networked Associate Family Member is removed from the "my network" portion of the Founding Member's profile, the Associate Family Member will "de-networked" (no longer networked with the Founding Member) and will lose the benefits of the Premium Family Membership. Networking and de-networking the same YADAhome member to a Premium Family Membership multiple times may require manual adjustments to the account and, as a result, access to the Premium Services while such adjustments are made may be unavailable or otherwise limited for the Founding Member and all Associate Family Members. The limitation or unavailability of access to the Premium Service while such manual adjustments are made will not extend the length of time the Premium Family Membership is effective, nor shall the Founding Member be entitled to any other form of compensation as a result of such limitation or unavailability of access to the Premium Service.
Once an Associate Family Member is networked to a Founding Member certain features of YADAhome.com are merged (the "Common Features") and the Associate Family Member and Founding Member share the Common Features. The Common Features include, but are not limited to, shared "to do lists" and shared "grocery lists." The Common Features may only be separated by de-networking the Associate Family Member from the Founding Member. YADAhome will not honor requests to separate the Common Features for a Premium Family Membership. If an Associate Family Member or Founding Member desires not to share the Common Features, they will need to de-network from the Founding Member or Associate Family Member, as the case may be.

(c) Fees. The Founding Member will be required to pay an annual Fee for the Premium Membership, which Fee shall be increased based on the number of Associate Family Members, if any, to be networked to the Founding Member's Premium Membership account. The benefits of a Premium Membership shall only be available for the time period in which all applicable Fees have been duly and timely paid by the Founding Member. The Fees for a Premium Membership are subject to the discretion of YADAhome and may be changed at any time by YADAhome, with or without notice. Without limiting the foregoing, the initial annual Fees for Premium Membership accounts are set forth below:

Package

Annual Fee

Cost Per Person 

1. Single Package - includes only the Founding Member - $9.99 - $9.99/Person

2. Couples Package - includes the Founding Member and up to one Associate Family Member - $17.99 - $9.00/Person

3.4 Person Family Package - includes the Founding Member and up to three Associate Family Members - $29.99 - $7.50/Person

4. 6 Person Family Package - includes the Founding Member and up to five Associate Family Members -$39.99 - $6.67/Person

5. 8 Person Family Package - includes the Founding Member and up to seven Associate Family Members - $49.99 - $6.25/Person

(d) Restrictions on Premium Memberships.
(i) Premium Services begin on Payment. The availability of Premium Services for each Premium Membership will begin upon payment of the applicable annual Fee and will terminate on the one year anniversary of such payment unless renewed. Once the annual Fee has been paid, the time during which the Premium Services are available may not be paused, suspended or tolled for any reason.

(ii) Fees are Non-Refundable. All annual Fees for Premium Memberships are nonrefundable in all respects. Once a Founding Member pays the applicable annual Fee for a Premium Membership, the Founding Member shall not be entitled to a refund for all or any portion of the annual Fee for any reason, including, without limitation, cancellation of Premium Membership, the failure to network with Associate Family Members in a timely manner or the failure to network with the maximum number of permitted Associate Family Members. If a Founding Member cancels his or her Premium Membership subscription prior to the end of the annual term, the cancellation will occur immediately but the Founding Member will not be entitled to a refund. For purposes of further illustration, if a Founding Member purchases a 6 Person Family Package but does not network to any Associate Family Members for 6 months and only networks to three Associate Family Members during the year in which the Premium Membership is active, the Founding Member will not be entitled to any refund for the failure to network to the Associate Family Members for six months or the failure to network to the two additional Associate Family Members during the full year term of the Premium Membership.

(iii) Nontransferable and Nonexchangeable. A Premium Membership may not be transferred or assigned to another person for any reason and may not be exchanged for a different Premium Membership. A Founding Member may request to upgrade his or her Premium Membership as described in subsection (v) below.

(iv) Joint Premium Memberships Run Concurrently. If a YADAhome member who has already paid for one of the above packages becomes networked as an Associate Family Member to the Premium Family Membership account of another Founding Member, the time period in which the two paid membership accounts are active will run concurrently. If the two Members subsequently become de-networked, the two paid memberships will revert to their original status and the time period in which each of the two paid memberships accounts is active will expire on the original expiration dates, respectively. In no event will the time period in which two paid membership accounts are active run consecutively. By way of example, if (i) a YADAhome member ("Member A") purchases a Single Package (as described above) for one year on August 1, 2010, (ii) another YADAhome Member ("Member B") purchases a Couples Premium Family Membership account on December 1, 2010 and (iii) Member A becomes networked as an Associate Family Member to Member B's Premium Family Membership account, the time period in which Member A's paid account is active will run concurrently with the time period in which Member B's Premium Family Membership account is active and, regardless of whether Member A remains networked with Member B or is de-networked, the time period in which Member A's paid account is active will expire on August 1, 2011 (assuming Member A does not pay to renew the account). However, as long as Member A remains networked with Member B, Member A will continue to enjoy the Premium Services under Member B's Premium Family Membership account for as long as Member A duly and timely pays the applicable annual Fee.

(v) No Combinations. One Premium Membership package may not be combined with another Premium Membership package. By way of example, if a Founding Member purchases a Couples Premium Family Package, the Founding Member may not purchase an additional Couples Premium Family Package to create a 4 Person Premium Family Package. In the event that a Founding Member desires to add one or more additional Associate Family Members to the Founding Member's Premium Membership account, the Founding Member must make a request to upgrade his or her Premium Membership account by emailing YADAhome at the following address: upgrade@yadahome.com. YADAhome will review each such request on a case-by-case basis and is under no obligation to honor any request to add additional Associate Family Members to a Premium Membership account. If YADAhome elects, in its sole discretion, to honor such a request, additional membership and administrative fees may apply.

(vi) Limited to a Single Family. The use of a Premium Family Membership account is limited to YADAhome members within the same Family of the Founding Member. For purposes of this Agreement, the term "Family" is defined to include only (i) a spouse or significant other of the Founding Member, (ii) a child or individual under legal guardianship of the Founding Member, (iii) a parent of the Founding Member, (iv) a person living in the same house as the Founding Member, and (v) a legal dependent of the Founding Member. The use of a Premium Family Account by YADAhome members that are not within the Founding Member's Family is strictly prohibited.

(vii) Termination of Benefits. If any Member that has paid for a Premium Family Membership account is believed by YADAhome to have behaved inappropriately or in violation of this Agreement, YADAhome reserves the right to terminate their account without refund. In such a case, any Associate Family Member networked to the Founding Member will lose all premium benefits previously conferred upon such Associate Family Member by being networked to the removed Founding Member.

(viii) Liability for Associate Family Member's Fees and Third Party Fees. Each Founding Member agrees to be liable for all Fees, Third Party Fees and any other costs and expenses incurred by each Associate Family Member with which he or she is networked in connection with such Associate Family Member's use of any Services. Each Founding Member hereby authorizes YADAhome to charge the credit card account that is listed on the Founding Member's profile for any such Fees, costs or expenses that are due and owing to YADAhome.

(d) Mobile Access. YADAhome.com members may be required to pay additional Fees to access YADAhome.com Services via a mobile software download or via a mobile web browser. Each mobile download/license includes access from one mobile device. Individual's may be required to pay separate fees to download software providing mobile access to YADAhome.com Services for each mobile device upon which they download the software.

(e) Payment for Subscription. Payment occurs on a pre-paid basis and payment will be automatically renewed at the end of each term, unless you provide YADAhome with the prior notification as required above. It is your responsibility to inform YADAhome sufficiently in advance of any service renewal and/or pre-payment, if you decide to cancel your account or Services.

(f) No Limitation on Other Provisions. Nothing in this Section 4 is intended to limit or restrict the other provisions of this Agreement, all of which shall apply to YADAhome members electing to subscribe to a Premium Membership.

Proprietary Rights.
(a) Copyrights.
All Site materials, including, without limitation, Site text, pictures, graphics, designs, video, information, applications, software, music, sound and other files and the selection and arrangement thereof are the proprietary and copyrighted materials of YADAhome© 2008, ALL RIGHTS RESERVED, or by the original creator of the material. Provided that you are and you remain an eligible user of the Site and the Services, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Site and Services and the content thereof owned by YADAhome to which you have properly gained access to print or download such content strictly for personal and noncommercial use only, provided you do not modify any such content and that you retain all related copyright and other proprietary notices. Except as expressly provided herein, you may not distribute, copy, modify, reproduce, display, republish, download, or transmit any material on the Site for any purpose or use (including, without limitation, any commercial purpose or use) without the prior written consent of YADAhome. You may not "mirror" any material contained on the Site on any other server without prior written permission from YADAhome. Any unauthorized use of any material contained on the Site will violate this Agreement and may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

(b) Trademarks.
The trademarks (including, without limitation, YADA™, YADA HOME®, MY FRIDGE® and Organize·Connect·Share®), service marks, trade names, logos (including, without limitation, the YADAhome logo), page headers, custom graphics, button icons, scripts, service marks and trade dress used and displayed on the Site or in connection with any Services (collectively, "Trademarks") are registered and unregistered trademarks of YADAhome or its affiliates or business partners, and may not be copied, imitated or used, in whole or in part, without prior written permission from the owner. You acknowledge that the Trademarks are and shall remain the sole property of YADAhome or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you. Further, nothing shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark, without the express written permission of YADAhome or the Trademark owner. The misuse of the Trademarks, or any other content on the Site, is a violation of this Agreement and is strictly prohibited.

(c) Downloadable Materials.
Any software, including, without limitation, codes or other materials that are made available to download from the Site or in connection with any Services, is the copyrighted work of YADAhome or its affiliates or business partners. If you download such software, use of that software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited except to the extent otherwise expressly permitted under the applicable software license agreement.

(d) User Material.
Any information, communication, content or material that you post or otherwise contribute to, on or through the Site or through any Services (including, without limitation, through any blogging feature of the Site) or you transmit to YADAhome or its vendors by email, blogs or otherwise, including, without limitation, any data, questions, comments, suggestions, or the like (collectively, "User Material") is, and will be treated as, nonconfidential and nonproprietary. Except to the extent in contravention of YADAhome's Privacy Policy, any User Material may be used by YADAhome for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting and you hereby (1) grant to YADAhome an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use such User Material for any purpose and (2) agree not to assert against YADAhome any ownership, intellectual property or other rights in or to any User Material. When you post, transmit or contribute User Material, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, transmission and storage of the User Material. Furthermore, you expressly agree that YADAhome is free to use any ideas, concepts, know-how, or techniques contained in any User Material without compensation and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services using such information.

You are solely responsible for the User Material that you post to, on or through the Site or any Services, or transmit to or share with others, and you do so entirely at your own risk. You may not post User Material that you do not own or that you do not have permission to post. YADAhome reserves the right, in its sole and absolute discretion, to reject or refuse to post any User Material, and may deny, restrict, suspend, prohibit or terminate your access to all of any part of the Site, any Services, your "my fridge" profile or any User Material at anytime and without requiring any notice or explanation and without any liability. YADAhome may, but is not obligated to, review the Site and may delete or remove (with or without notice to you), or limit, restrict or prohibit access to, any User Material or other content on the Site in its sole and absolute discretion, for any reason or no reason, and without liability to YADAhome, including, without limitation, User Material that in the sole and absolute judgment of YADAhome violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of YADAhome or others. You are solely responsible at your sole cost and expense for creating backup copies of and replacing your User Material.

You understand and agree that YADAhome does not control any User Material and in no event shall YADAhome be responsible or liable for any User Material. IF YOU CHOOSE TO ACCESS, BROWSE OR OTHERWISE USE THE SITE OR ANY SERVICES (INCLUDING, WITHOUT LIMITATION, ANY BLOGGING FEATURE OF THE SITE), YOU DO SO ENTIRELY AT YOUR OWN RISK. YADAhome has no obligation to screen or monitor any User Material (including, without limitation, any User Material found in any blogs located on the Site) and YADAhome does not control the messages, information or files that users may post, contribute or transmit on, through or to the Site or any Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Material, that you may not rely on any User Material, and that under no circumstances will YADAhome be liable in any way for any User Material or for any loss or damage of any kind incurred as a result of the use of any User Material. Notwithstanding the restrictions and limitations contained in this Agreement, User Material may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Use and in no event does YADAhome assume any responsibility or liability for any such User Material. If you become aware of any misuse or abuse of the Site or Services, please contact us using our Contact Us page to report such misuse or abuse.

(e) Certain Copyright and Intellectual Property Protection.
YADAhome respects the intellectual property rights of others. You may not upload, post, email, share or otherwise transmit to, on or through Site, or in connection with any Service, any materials that violate another person's copyright or other intellectual property rights. Upon receipt of proper notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material. YADAhome will terminate (in its sole and absolute discretion) the Site accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512 et. Seq.) (the "DMCA"). In addition, YADAhome may also terminate, limit or restrict (in its sole and absolute discretion) the Site accounts of any users who violate or infringe the copyright or other intellectual property rights of any other person, whether or not they are repeat infringers.

Providing a notification of alleged copyright infringement:

If you believe that your copyrighted work has been uploaded, posted, emailed, shared or otherwise transmitted to, on or through the Site in violation of your copyright rights, you may provide our "Designated Agent" with a written notification as set forth in the DMCA containing each of the following items:

1. The identification (in sufficient detail) of the copyrighted work that you are claiming has been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such copyrighted works).

2. The identification (in sufficient detail) of the material that you claim infringes your copyright (e.g.. identification of the URL or other specific location on the Site that contains the allegedly infringing material).

3. Your name, mailing address, telephone number and email address.

4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5. A statement by you, made under the penalty of perjury, that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

6. The electronic or physical signature of the owner of the copyrighted work or a person authorized to act on the owner's behalf.

Submit your notification of alleged copyright infringement to YADAhome's "Designated Agent" by mail, fax or E-Mail as follows:

Attention: Designated Copyright Agent
YADAhome.com, LLC
1200 G Street NW
Suite 800, PMB#248
Washington, DC 20005
Fax: (202) 783-0613
Business email: copyright@yadahome.com

Note that you may be liable for any and all damages and costs if you misrepresent that material on the Site, or in connection with any Service, is copyright infringing, and that by filing a false notification you will be committing perjury.

Upon receiving a proper notification of alleged copyright infringement in accordance with the above procedures, we will remove, or disable access to, the allegedly infringing material on the Site and notify the alleged infringer of your notice of alleged infringement. We also will notify the alleged infringer of the following counter notification procedure.

Providing a counter notification of alleged copyright infringement:

If you believe your copyrighted material has been removed from Site as a result of mistake or misidentification, you may submit a written counter notification to our "Designated Agent" as set forth in the DMCA containing each of the following items:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent.

4. Your name, mailing address and telephone number.

5. A statement by you, made under the penalty of perjury, that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

6. Your physical or electronic signature.

Submit your counter notification to YADAhome's "Designated Agent" by mail, fax or E-Mail as follows:

Attention: Designated Copyright Agent
YADAhome.com, LLC
1200 G Street NW
Suite 800, PMB#248
Washington, DC 20005
Fax: (202) 783-0613
Business email: copyright@yadahome.com

Provided that you send us a valid written counter notification as provided above, we will restore to the Site your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your notification, unless our "Designated Agent" first receives notice from the party filing the original notification of alleged copyright infringement informing YADAhome that such original party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Note that you may be liable for any and all damages and costs if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, and that by filing a false counter notification you will be committing perjury.

Use Restrictions.
(a) Limited Access.
Except as otherwise expressly permitted by YADAhome, any access or attempt to access areas of the YADAhome computer system or infrastructure (other than the Site) for any purposes is strictly prohibited. You agree that you will not use any robot, spider or other automatic device, or manual process, to "screen scrape," monitor, "mine," or copy the webpages on the Site or the content contained therein without YADAhome's prior, express, and written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or YADAhome's infrastructure.

(b) Additional Use Restrictions.

You shall not post, transmit, email, re-transmit, store or contribute User Material or any communication on, through or to the Site or any Services which, in the sole and absolute judgment of YADAhome: (i) is in violation of any local, state, federal or foreign law, rule or regulation, (ii) is threatening, obscene, indecent, libelous, slanderous, defamatory, fraudulent or that otherwise could adversely affect any individual, group or entity, including, without limitation, YADAhome (hereinafter, collectively, "Persons") or (iii) violates the rights of any Person, including, without limitation, rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws, rules and regulations are applicable to your access to and use of the Site and any Services. In addition, you may only use the Site and the Services in a manner that, in YADAhome's sole and absolute judgment, is consistent with the purposes of the Site and such Services. If you are unsure whether any contemplated use or action is permitted, please contact YADAhome using our Contact Us page. By way of illustration, and not limitation, the following below-described uses of the Site and/or Services are expressly prohibited and will constitute an automatic violation of this Agreement:

Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that is, in YADAhome's sole and absolute discretion, unlawful, fraudulent, harmful, threatening, infringing, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that restricts or inhibits any other Person from using or enjoying the Site or any Services or which may expose YADAhome or any other Person to any harm, damage or liability;
Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that contains nudity, violence or other offensive matter or contains any link to an adult website. Pornography and pornographic related merchandising are strictly prohibited, including, without limitation, providing any links to pornographic content elsewhere;
Soliciting personal information for any commercial or unlawful purpose;

Harming minors in any way;

Exploiting any Person or thing in a sexual or violent manner;

Impersonating any Person, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any Person;

Forging headers or otherwise manipulating identifiers in order to disguise the origin of any User Material or covering or obscuring the banner advertisements on your profile or any Site webpage;
Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that you do not have a right to transmit or store under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any Person;

Uploading, posting, emailing, sharing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. YADAhome reserves the right at any time and with or without notice to restrict the number of emails that a Site member may send to another Site member in any 24-hour period to a number that YADAhome deems appropriate in its sole and absolute discretion;

Engaging in, or inducing or attempting to induce any other Person to engage in, any activities with the purpose or intent to defraud any Person, including, without limitation, YADAhome;
Harvesting or collecting any contact information of others by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;

Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users;
Interfering with or disrupting the services or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;

Intentionally or unintentionally violating any local, state, federal or foreign law, rule or regulation or otherwise committing any criminal or morally offensive offense;

"Stalking" or otherwise harassing or intimidating another Person;

Promoting or providing instructional information about illegal activities, promoting harm, damage or injury to any Person, or promoting any act of physical harm or cruelty to others or animals;
Effecting any security breaches or disruptions of Internet communications;

Registering for more than one Site member account or profile or registering for a Site member account or profile on behalf of another Person;

Using or attempting to use, in any unauthorized manner, the Site member account or profile of another Person;

Disclosing your username or password to any other Person;

Allowing any other Person to access or use your Site member account or profile in violation of these Terms of Use;

Selling or otherwise transferring your Site member account or profile;

Engaging in any commercial activities and/or sales (such as contests, sweepstakes, barters or advertisements) without the prior written consent of YADAhome;

Uploading, posting, emailing, sharing or otherwise transmitting or storing any videos or photographs of another Person without that Person's consent (either express or implied); and
Using sexually suggestive or unfair, misleading or deceptive Content intended to draw interest to your Site profile.

(c) Space Limitations.
YADAhome reserves the right, in its sole and absolute discretion, to impose and implement space limitations on your YADAhome profile and any and all User Material. YADAhome further reserves the right to periodically delete or remove User Material (including, without limitation, any User Material that YADAhome determines in its sole discretion to be outdated or no longer useful or necessary) in its sole discretion without requiring any notice to or consent from you.
Third Party Websites.

Links to third party sites and services on the Site or referenced in any emails distributed by YADAhome are provided solely as a convenience to you. If you use these links, you will be directed to a third party site and these Terms of Use will not govern your access to, or use of, that third party site or any services provided by that third party. YADAhome has not reviewed any of these third party sites or services and does not control or monitor and is not responsible for any of these sites or services, or their content or their policies, including, without limitation, their privacy policies or lack thereof. YADAhome does not endorse or make any representations about third party sites or any information, software or other products or materials found there, any services provided by third parties or any results that may be obtained from using them. IF YOU DECIDE TO ACCESS OR USE ANY OF THE THIRD PARTY SITES OR SERVICES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. You acknowledge and agree that YADAhome shall not be responsible or liable, directly or indirectly, for, and you hereby release and agree to hold harmless YADAhome from, any and all damages or losses caused or alleged to be caused by, or in connection with, the access or use of, or reliance on, any such third party sites or their content or any services provided by third parties.

Privacy Policy.
In addition to these Terms of Use, any access to, or use of, the Site or Services shall also be governed by YADAhome's Privacy Policy, which is hereby incorporated into these Terms of Use by this reference. Click here to view YADAhome's Privacy Policy.

Member Disputes.
You are solely responsible for your conduct and interactions with other users of the Site and/or Services. YADAhome reserves the right, but has no obligation, to monitor or become involved in any dispute between you and any other users of the Site and/or Services.
No Warranties; Disclaimers.

The Site, including, without limitation, all software, functions, materials, and information and other content on the Site, any promotional items or advertisements distributed by YADAhome or its agents or business partners through email or other correspondence and any and all Services, are provided "as is" without warranties of any kind, either express or implied. YADAhome hereby disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, and merchantability of computer programs, data accuracy, system integration and informational content with respect to the Site, its content, the above-mentioned emails and correspondence and any Services.
YADAhome is not responsible for and does not warrant or make any representations regarding the operation of the Site, the use, validity, accuracy or reliability of, or the results of the use of, the materials on the Site, any other sites or services linked to the Site or any Services. The materials available on the Site or through any Services may be incomplete, inaccurate and/or out of date, and YADAhome makes no commitment to complete, correct or update any of such materials.

YADAhome does not and cannot guarantee or warrant that any files or software available for downloading from the Site or in connection with any Services (e.g., any files or software available or required to be downloaded in order to access Services via a mobile device) will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. IF YOU CHOOSE TO DOWNLOAD ANY FILES OR SOFTWARE FROM THE SITE OR IN CONNECTION WITH ANY SERVICE YOU DO SO ENTIRELY AT YOUR OWN RISK AND YOU BEAR THE RISK OF ANY DAMAGES THAT MAY OCCUR AS A RESULT. Therefore, you should exercise caution in the use and downloading of any files and use industry-recognized software to help detect and disinfect viruses. YADAhome does not warrant that the Site, Services, software, materials or products will be uninterrupted or error-free or that any defects in the Site, Services, software, materials or products will be corrected.

YADAhome is not responsible for and makes no warranties, express or implied, with respect to any User Material or third party advertisements or content posted or transmitted on or through the Site, or the accuracy or reliability thereof, and, unless otherwise specified by YADAhome, such User Material and third party advertisements and content do not in any way constitute the opinions or policies of YADAhome. YADAhome is not responsible for the conduct, whether online or offline, of any user of the Site or Services.

Some jurisdictions do not allow the disclaimer of implied warranties. Therefore, in such jurisdictions, some of the foregoing disclaimers and limitations may not apply to you insofar as they relate to implied warranties.

You should never use any information or content provided on or through the Site or any Services as a substitute for advice from a qualified professional and, notwithstanding any content contained on the Site or through any Services, in no event will YADAhome be deemed to be providing any professional advice (including, without limitation, any medical or legal advice) based upon any content provided on or through the Site or any Services.

The Site and any Services may be temporarily unavailable from time to time. YADAhome assumes no, and hereby disclaims any, responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communications. YADAhome is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile device equipment, software, or failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including, but not limited to, injury or damage to your or to any other Person's computer, mobile devices, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site or any Services. Under no circumstances will YADAhome be responsible for any loss or damage, including, but not limited to, any loss or damage to any User Material or personal injury or death, resulting from the use of the Site or any Services, any User Material or third party applications, software advertisements or other content posted to, on or through the Site or transmitted to Site users, or any interactions between, or conduct of, users of the Site or any Services, whether online or offline.
YADAhome reserves the right to change the Site and any and all content, software and other items used or contained on the Site and any Services at any time and with or without notice.
YADAhome operates the Site and provides the Services provided by YADAhome from within the United States of America and makes no representation that the content, services or information provided on, by or through the Site or any Services is appropriate or will be available for use in other locations. If you use the Site or any Services outside of the United States, you are solely responsible for compliance with all applicable laws, rules and regulations, including, without limitation, all import or export laws, rules and regulations.

LIMITATION OF LIABILITY.
IN NO EVENT WILL YADAHOME, ITS AFFILIATES, BUSINESS PARTNERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, WHETHER ANY OF THE SAME ARE BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM, (1) ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, (2) ANY PROVISION OR RECEIPT OF ANY SERVICES OR (3) ANY EMAILS, PROMOTIONAL MATERIALS, ADVERTISEMENTS OR OTHER CORRESPONDENCE DISTRIBUTED (WHETHER THROUGH EMAIL OR OTHERWISE) BY YADAHOME, ITS AGENTS AND/OR BUSINESS PARTNERS. IF YOUR USE OF THE MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

NOT BY WAY OR LIMITATION TO THE FOREGOING LIABILITY LIMITATIONS, IN NO EVENT SHALL YADAHOME'S LIABILITY TO ANY SITE MEMBER, USER OR OTHER PARTY RELATING TO THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, USD $1,000 OR THE AMOUNT SUCH MEMBER, USER OR OTHER PARTY HAS ACTUALLY PAID TO YADAHOME FOR THE ACCESS TO OR USE OF THE SITE OR SUCH SERVICES FOR WHICH (AND ONLY DURING THE TIME PERIOD FOR WHICH) DAMAGES ARE CLAIMED, WHICHEVER IS LESS.

NO ACTION AGAINST YADAHOME ARISING OUT OF THIS AGREEMENT OR OTHERWISE RELATING TO THE SITE OR ANY SERVICES, REGARDLESS OF THE FORM OF ACTION, MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE ACTIVITY GIVING RISE TO THE ACTION HAS OCCURRED.

Revisions to Terms of Use.
YADAhome may modify these Terms of Use, in whole or in part, at any time with or without notice and any such modifications shall be effective upon posting on the Site or on such other date as may be indicated in such modified Terms of Use. By continuing to use the Site or any Services you agree to be bound by any such modifications. It is your responsibility to routinely review these Terms of Use for any modifications.
Indemnification.

By accessing or using the Site or any Services, you agree to indemnify, release and hold harmless each of YADAhome, its affiliates, business partners, directors, officers, members, employees, agents, contractors, successors and assigns, from and against any and all damages, liabilities, claims (including, without limitation, third party claims), demands, injuries, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your access to and use of the Site (or its content) or any Services, (b) any promotional materials, advertisements, or other correspondence distributed (whether through email or otherwise) by YADAhome, its agents and/or business partners, (c) any User Material, (d) your conduct in connection with the Site and any Services or with other users of the Site or such Services and/or (e) your violation of this Agreement.

Governing Law and Dispute Resolution; No Jury Trial.

This Agreement shall be governed by the substantive laws of the State of Delaware without regard to its conflicts of laws principles. You acknowledge and agree that any action, claim or dispute against YADAhome under or relating to this Agreement, the Site or any Services shall be settled by binding arbitration by an arbitrator who shall be qualified by experience and training to arbitrate commercial disputes. Any judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be in Wilmington, Delaware. The arbitrator shall apply the substantive law of the State of Delaware without regard to its conflicts of law principles, and his or her decision thereon will be final and binding on the parties.

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE (1) THAT NO REPRESENTATIVE OR AGENT OF YADAHOME HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT YADAHOME WOULD NOT IN THE EVENT OF SUCH PROCEEDING, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION AND (2) THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR YADAHOME ENTERING INTO THIS AGREEMENT.

Miscellaneous.
This Agreement, together with YADAhome's Privacy Policy, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties, with respect to the subject matter hereof.

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be unenforceable or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
YADAhome's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YADAhome in writing.

The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be binding upon each of the parties hereto and their successors and permitted assigns. This Agreement and any rights or obligations hereunder may be assigned, in whole or in part, in any manner by YADAhome with or without notice and without requiring any consent or agreement from you. Neither this Agreement nor any rights or obligations hereunder may be assigned, in whole or in part, in any manner by you without the express, prior written consent of YADAhome, which consent may be granted or withheld in YADAhome's sole and absolute discretion.

Nothing contained in this Agreement or by virtue of your access to or use of the Site or any Services will create any partnership, joint venture, agency, franchise, representation or employment relationship between you and YADAhome.

Last revised August 2, 2010.
If you have any questions regarding this Agreement, please contact us using our Contact Us page.

YADAhome.com, LLC PRIVACY POLICY

General Principles:

At YADAhome.com, LLC ("YADAhome"), we respect your privacy. It is YADAhome's policy to take reasonable measures to help protect your privacy. By using or accessing the YADAhome.com website (sometimes referred to herein as the "Site") or any services or features provided by YADAhome, its vendors or through the Site (collectively, "Services"), you are accepting the principles and practices described in this privacy policy.

YADAhome will respect the legal requirements that exist regarding the privacy of personal information and is committed to complying with all applicable laws regarding the privacy of personal information. YADAhome will, from time to time, review its personal information collection, use and disclosure practices in order to assure compliance with applicable laws and regulations.

What personal information we collect:

On some Site web pages, you can enter personal information. To register as a Site user, to join the YADAhome.com network, to create a YADAhome.com 'my fridge' profile, to access and use the Site and to take advantage of certain Services, it will be necessary to enter certain personal information. The types of personal information collected may include, without limitation, any or all of the following items: name, mailing address, city and/or state of residence, age, telephone number, email address, gender, birthdate, anniversaries, marital status, number of children, education and occupation, names and other information of family members, friends and/or other acquaintances (including, without limitation, their email addresses), passwords, login identifications (including passwords and login identifications for third party websites or networks in connection with the use of certain Services), credit card information (including, without limitation, account numbers and expiration dates), billing information, calendar entries, grocery list entries, hobbies and interests, recipes, lifestyle choices, affiliations and contacts, schools and companies, pictures and videos, messages, journal entries and personal statements and any other personal information that you enter on, through or to the Site or in connection with any Services.

You will be required to pay one or more fees to YADAhome in order to access and take advantage of certain Services (e.g., the services and features of YADAhome Premium and the mobile services and features such as the iPhone application). Therefore, in order to access and take advantage of such Services you will be required to enter and store your (or your parent's or legal guardian's) credit card information on your profile and maintain a valid credit card account number on your profile at all times.

YADAhome may also collect personal information from you if you choose to participate in any Site activities or Services (such as sweepstakes, contests, surveys, questionnaires, recipe submissions, grocery lists, etc.), if you request us to furnish you with products, Services or information or if you invite others to join the YADAhome.com network or if you submit suggestions or content to us for our review or consideration.

If you choose to use our invitation service to tell a family member or other acquaintance about YADAhome.com, we will collect information needed to send the invitation, such as his or her email address. He or she may be sent emails or instant messages inviting him or her to visit YADAhome.com. We may use and store this information to send invitations and reminders, to register your acquaintance if the invitation is accepted, and to track the success of our referral program. He or she may contact us at delete@yadahome.com to request that we remove this information from our database.

We may also collect information about you from other sources (e.g., newspapers, blogs, instant messaging services, etc.) and other users of our Services through the operation of the Site or the Services (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.

Except as provided in this privacy policy, we do not collect any personal information about you unless you directly or indirectly provide it to us. If you email us or answer questions we have placed on the Site, or otherwise enter information to, on or through any web pages on the Site, you are voluntarily releasing that information to us. Please do not submit personal information to us if you do not want us to have this information in our database.

How we use personal information:

YADAhome uses your personal information to register you as a YADAhome.com user, to allow for the set-up, maintenance and use of your YADAhome.com profile, to allow for your use of certain Services, to charge you for certain Services, and to better understand your needs and provide you with better products and services. We may also use your information to communicate back to you, to communicate with third party service providers in connection with certain Services, to invite others to join YADAhome.com, to update you on products, features, services and benefits (including, without limitation, coupons or advertisements) that we think may be of interest to you, to notify you of updates and contest winners, and to personalize our Site and Services for you.

YADAhome may share the personal information you provide online with other YADAhome divisions or affiliates and/or business partners or vendors associated with YADAhome, who are acting on our behalf or who offer products or services (including, without limitation, coupons or advertisements for products or services) that may be of interest to you, which may include transferring the personal information to other countries. YADAhome or its divisions, affiliates, business partners or vendors may use your information to contact you regarding such products or services, for market research or to provide you with marketing information we or they think may be of particular interest.

YADAhome will store your (or your parent's or legal guardian's) credit card information listed on your profile (including, without limitation, your (or your parent's or legal guardian's) credit card account number) and will transmit such information to its vendors for purposes of charging any and all applicable fees for Services.

In addition, your information may be provided to others permitted to view that information by your profile privacy settings. Information that you post on your profile may be available to Site users who belong to any of the networks you allow to access the information through your privacy settings. In some cases where your profile privacy settings permit it, other users may be able to supplement or modify your profile (e.g., shared calendars).

YADAhome may make a public member directory available to Site members. Entry into the directory is voluntary and you will be able to "opt-out" of the directly if you do not wish to participate. You will also be able to "opt-in" or "opt-out" of the directory at any time in the future by changing your privacy settings. If you elect to "opt-in" or otherwise participate in the member directory, your picture/avatar, name, city/state of residence and other biographical information may be displayed in the directory. In addition, the public member directory may also include a search function. If you elect to participate in the directory, any personal information that you have entered into the YADAhome.com database will be searchable by other users of the Site so that other users may search for you by querying such personal information. If you do not wish to participate in the directory or have your information searchable by other users through the directory, please ensure that you "opt-out" of the directory.

In addition, your name, network names and profile picture thumbnail may be available in other search results across the YADAhome.com network, and that information may also be made available to third party search engines.

When permitted or required by law or court order, YADAhome reserves the right to collect, use and/or disclose your personal information without giving notice, obtaining your consent or conducting related activities (for example, in connection with law enforcement investigations, to protect or defend the legal rights of YADAhome, and its affiliates, employees, agents, contractors, successors and assigns, to monitor your compliance with law and the Terms of Use in connection with your access to and use of the Site, to protect the safety and security of YADAhome, Site users and the general public and/or to protect against fraud or other illegal activity).

In the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of YADAhome, or a YADAhome business unit, information that YADAhome has collected about you may be sold or otherwise transferred. However, this will only happen if the party acquiring the information agrees to be bound by the terms of the YADAhome privacy policy and the notice provided to you when the information was collected.

What aggregate information we collect:

We may also collect non-personal information and may aggregate any information collected in a manner (such as through the use of cookies and similar tools) which does not identify any specific individual. For example, when you enter the Site, we collect your browser type and IP address.

"Cookies" are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. Many websites, including ours, use cookies for these purposes. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use the Site, but it may interfere with some of its functionality.

As you use the Internet, a trail of electronic information is left at each website you visit through the use of items such as 'pixel tags'. This information, which is sometimes referred to as "clickstream data", may be collected and stored by a website's server such as ours. Clickstream data and pixel tags can tell us the type of computer and browsing software you use, the address of the website from which you linked to the site and the number and types of views for a webpage.

How we use aggregate information:

We may use cookies to customize your visit to the Site and for other purposes to make your visit more convenient or to enable us to enhance our Services. We do not use cookies to retrieve personal information from your computer for purposes that are unrelated to the Site or the Services.

We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. We may use this information to improve our Site and our Services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any personal information.

Your choice:

YADAhome will not use or share the information provided to us online in ways unrelated to the ones described above without letting you know and offering you a choice. We will also provide you the opportunity to let us know if you do not wish to receive unsolicited direct marketing materials from us, and we will make all reasonable efforts to honor such requests. We are not responsible for removing your information from the lists of any third party who has been provided your information in accordance with this policy, such as an affiliate or business partner.

Other Internet Sites/Third Party Advertising:

YADAhome Services and the Site may be linked to or share information with websites or services operated by third parties and the Site may contain advertisements from third parties.

Advertisements:

Third party advertisements that appear on the Site are sometimes sent directly to users. When this occurs, the third parties automatically receive your IP address. Third party websites and advertisements may also contain cookies or similar tools such as JavaScript and 'web beacons' to measure the effectiveness of their ads and to personalize advertising content. Therefore, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are selected or reviewed. YADAhome does not control the cookies or similar tools that may be used by third party advertisers even if such advertisements are placed on our Site. Third party advertisers will not have access to your personal information posted on your profile unless you choose to share it with them.

Synchronization and Information Sharing:

YADAhome may allow its members to synchronize and share certain data and information stored within their YADAhome account (including, but not limited to, data stored in their YADAhome calendar, YADAhome contact list, and YADAhome to-do list) with third party websites, systems and networks, including, but not limited to, Google, ICal, and MS Outlook (each a 'Third Party Site'). If a YADAhome member wants to use this Service to share or synchronize information with a Third Party Site, the member will be required to store their Third Party Site credentials (e.g., login information and passwords) on the YADAhome server or on a YADAhome member's mobile device under their YADAhome member account.

Sharing and synchronizing information between YADAhome and a Third Party Site involves increased risk that such information can be breached or otherwise compromised and, by agreeing to use this Service, YADAhome visitors and members acknowledge that they are using the Service at their own risk. The risks involved in using this Service may include, but are not limited to:

- information imported to or exported from YADAhome may be lost, corrupted, damaged, compromised, or misinterpreted by YADAhome or the Third Party Site;

- information may be unintentionally disclosed to users or members of YADAhome or the Third Party Site

- information exported from the YADAhome network may negatively impact the services offered by or information stored on the Third Party Site by interrupting or corrupting the Third Party Site's processes or data;

- information imported from a Third Party Site may negatively impact the Services offered by or information stored on YADAhome's network by interrupting YADAhome's processes or data; and

- synchronization may impact the speed with which the YADAhome network, the Third Party Site or access to either occurs.

Synchronization and information sharing between YADAhome and a Third Party Site may occur automatically at intervals designated by YADAhome, manually by the member, upon the member's logging into the member's YADAhome account or upon the synchronization of a member's mobile device with the member's YADAhome account. YADAhome will not review or confirm any information that is imported from a member's account with a Third Party Site to the user's YADAhome account and/or exported from the member's YADAhome account to the user's account with a Third Party Site. YADAhome is not responsible for any unintended disclosure of information through the member's YADAhome account or the member's account with a Third Party Site (e.g., if information from a Third Party Site is imported to a member's YADAhome account and as a result is disclosed to the member's YADAhome network even though the member may not have intend to disclose such information to one or more persons in the member's network).

YADAhome will use commercially reasonable efforts to safeguard each YADAhome members credentials to a Third Party Site but cannot ensure that such information will not be compromised. YADAhome shall not be responsible for a Third Party Site's use or disclosure of any information that is exported from YADAhome. YADAhome shall not have any liability for the disclosure of information as a result of a member's use of this Service and all such liability shall remain at all times with the member.

Information stored under each member's YADAhome profile (such as to-do list entries, grocery lists, contacts, calendar entries, etc) may include information that the member has created and stored directly and/or information shared with the member through the member's network with other YADAhome members. By using this Service, the YADAhome member acknowledges that information the member has entered, as well as information that has been shared with the member will be exported to the applicable Third Party Site. Members will at all times and with respect to all imported or exported information be responsible for adhering to the standards of conduct set forth in YADAhome's Terms of Use and will not import any content that violates the Terms of Use or any applicable laws, rules or regulations.

By agreeing to use this Service, YADAhome members agree that they own or are otherwise entitled (i.e. members agree that they have the appropriate rights, title and/or license) to import to or export from the YADAhome database all applicable data and information. In the event that a member imports or exports any data or information that the member does not have sufficient right, title or license to, that is in violation of any other agreement, that is unlawful or that otherwise violates YADAhome's Terms of Use or any applicable laws, rules or regulations, the member agrees to promptly notify YADAhome in writing and to promptly remove the data from YADAhome or the applicable Third Party Site, as applicable. Any breach of the foregoing may result in YADAhome immediately and permanently removing the member's access to his or her YADAhome account and the access of any member with whom such information may have been shared. Each YADAhome member by using this Service also agrees to reimburse YADAhome for any cost associated with removing any such data from the YADAhome database and to defend and indemnify YADAhome against any lawsuit that arises in the event that the member imports or exports any data or information that violates any of the foregoing.

Policies and Practices of Third Parties:

In no event will YADAhome be responsible for the information collection or privacy practices of websites or other services operated or provided by other parties, even if such websites or services are linked to the Site. Once you exit the Site (e.g., via a link to the website or services offered by a third party), this privacy policy will not control such other websites or services and you should always consult the applicable privacy policy of such third party to determine how that third party will use any information they may collect from you.

Security:

YADAhome is committed to taking reasonable steps to ensure the security of your personal information and we have put in place certain procedures (for example, privacy settings for your 'my fridge' profile and SSL encryption when registering for YADAhome.com) to help safeguard and secure the personal information we collect or you post online. However, YADAhome is not responsible for the unauthorized circumvention of any privacy settings or other security measures on our Site.

When you choose to post or transmit personal information to, on or through the Site (e.g., to your YADAhome.com 'my fridge' profile and pages), you do so at your own risk. Even though we allow you to set privacy options that may limit access to your pages, no security measures are perfect. You can change and control your YADAhome.com profile by controlling the account settings available in the 'edit profile' portion of your profile. However, YADAhome cannot control or constantly monitor the actions of other users with whom you have chosen to share your pages or information, and we do not guarantee that the personal information you choose to post or share will not be viewed or used by unauthorized users.

Whenever you voluntarily post public information to any public forums (e.g., journals, weblogs, blogs, message boards, classifieds, etc.) that information can be accessed by anyone and used for any purpose (for example, to send you unsolicited communications).

Collection of Information from Children:

YADAhome has no intention of collecting personal information from children under the age of thirteen (13) and does not knowingly collect personal information from children under the age of thirteen (13). If you are under the age of thirteen (13), do not attempt to register for YADAhome.com or submit any personal information to us. If a child under the age of thirteen (13) has provided YADAhome with personal information, YADAhome asks that a parent or guardian of the child contact YADAhome using our Contact Us page to inform us of that fact. Once contacted, YADAhome will use reasonable efforts to delete such information from our database.

Communications to Non-members:

Registered members of the Site can invite others to become a member by sending them an email invitation through our automated invitation system. YADAhome stores those email addresses so that the respondents may be added to the 'my network' portion of the profile of the member sending the invitation, and to send reminders of the invitations. YADAhome does not sell these email addresses or use them to send any communications to non-members other than invitations and reminders. Recipients of invitations to join YADAhome.com may contact us using our Contact Us page to request the removal of their information from our database.

Registered Site members may also store email addresses of others in their 'my fridge' profile address book and may choose to send invitations and other communications to those persons.

You may prevent YADAhome email invitations and other communications from YADAhome from being sent to any email address you control by sending a single email from that email address with the subject 'BLOCK' to our email address set forth in our Contact Us page.

Non-confidential:

Any communication or material you post or otherwise contribute to, on or through the Site or any Services (including, without limitation, through any blogging feature of the Site) or you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent in contravention of this privacy policy, anything you transmit, contribute or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you transmit, contribute, post or otherwise send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Access to and Modification of Information:

YADAhome will maintain procedures consistent with applicable law for individuals to gain access to their collected personal information and, when appropriate, correct any information that is inaccurate or incomplete, change their individual consent level, or have their personal information deleted. If you would like to review, correct, modify, remove or delete your personal information, you can modify your profile using the 'edit profile' portion of your profile to make certain modifications or you can contact us using our Contact Us page. However, certain information (e.g., a personal message sent to another user) generally cannot be removed. Please note that even following removal, copies of personal information may remain viewable in cached and archived pages or if others have copied or stored your information.

Comment and Questions:

If you have comments or questions about our privacy policy or your personal information you can contact us using our Contact Us page.

United States of America:

The Site is maintained in the United States of America. By accessing or using the Site and any Services, you authorize the export and transfer of your personal information to the USA and its storage, processing and use in the USA as specified in this policy. If you are located in a country other than the USA (e.g., in the European Union) and you choose to provide us with personal information, you are responsible for ensuring that such information complies with all local data protection laws (e.g., EU local data protection laws). YADAhome is not responsible under such laws for the information that you may provide to, on or through the Site or any Services.

Consent; Changes to Privacy Policy:

By accessing or using the Site and any Services, you consent to our use of your personal information as specified in this privacy policy. YADAhome may, and reserves the right to, modify and update this privacy policy or its related business practices at any time, including, without limitation, to reflect industry practices and to comply with changes in law, with or without notice to you. Any such changes will be effective upon posting to the Site or on such other date as may be specified in the modified privacy policy, so we encourage you to review this privacy policy frequently. Your continued access to or use of the Site or any Services after a posted change to the privacy policy signifies your acceptance of the modified privacy policy. Please ensure that you review this policy routinely for any modifications. If YADAhome makes any material changes to this privacy policy, the personal information that we have collected from you prior to such changes will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have not objected to, such changes and the application of such changes to such previously collected information.

Steps you can take to ensure your privacy:

Remember that you play a vital role in ensuring the security of your information on our Site and the applications within our Site. Here are a few steps that you can take that may help maintain the privacy of your information.

Managing your personally identifiable information:

Registration for access to our Site requires you to provide personally identifiable information. It is your responsibility to make sure that this information is accurate and current.

Safeguard Passwords:

You should take the necessary precautions to safeguard your user ID and password to prevent unauthorized access to your information stored on our Site and the applications within our Site. If you feel that your user ID and password have been compromised, please contact us immediately.

Close Your Browser When Finished:

After you have finished your session with the Site, close your browser to erase certain information that may have been stored on your computer during your session. Any information you entered during your session may be temporarily stored in the memory storage area of your computer.

Use of a Firewall:

Consider using a firewall to help prevent unauthorized access to your network or personal computer, especially if you are using a DSL or Cable Modem to access the Internet.

Effective Date:

This privacy policy was made effective on April 29, 2008 and was last updated on August 10, 2010.