1. Who We Are and What We Do.

    Yanteres (hereinafter collectively “us” or “we”) is a California Corporation which provides a variety of online content and services to the users of our websites (“Site Services”), which includes the Yanteres.com website (hereinafter collectively “Our Sites”). Our Sites are primarily engaged in transmitting/publishing online classified advertisements which may be of interest to Russian ethnic communities that are created by and for other individuals who choose to use Our Sites (hereinafter a “User” or “Users”). All User postings, whether in the form of messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the Site (collectively “Content”), are solely the responsibility of the User from whom such Content originated.

  2. Our Trademark

    “Yanteres” is a trademark we own and is protected by United States and international laws. Users are not authorized to use “Yanteres,” or any similar or related marks (including, for example and without limitation, “Yanteres”) for any use pertaining to classified advertising, internet advertising, online forums or chat-rooms, or any similar or related use, or any other use that is likely to cause confusion or to deceive the public as to any affiliation with Yanteres.

  3. Your Acceptance of these Terms of Use.

    Your use of Our Sites and our Site Services is governed by, and contingent upon, your acceptance of, and compliance with, these Terms of Use (“TOU”) and our then current Privacy Policy which is hereby incorporated herein by reference. Take the time to review both carefully before you use Our Site because by using Our Sites in any way, you are agreeing to comply with these TOU.

    These TOU grant you a limited, revocable, and nonexclusive license to access Our Sites and use our Site Services. If you do not accept, and agree to comply with, all of these TOU, then you must immediately terminate all use of Our Sites and Site Services, because such continuing use will be unauthorized.

    Our sites are intended and designed for users 18 years of age and older, and access or use by anyone younger is unauthorized.

    We may change these TOU at any time, and such changes will upon publication, apply to all subsequent access to, or use of, Our Site and Site Services by all Users.

  4. Prohibit Conduct/Use

    The following conduct constitutes prohibited conduct, any of which will constitute a violation of these TOU by site Users:

    1. The posting of any Content which is false or misleading.

    2. The posting of any Content which unlawfully discriminate on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation. Be advised that pursuant to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended Users are prohibited from discriminating in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and handicap/disability. We do not authorize, allow, or knowingly accept any real estate advertising which is not available to all on an equal opportunity basis. For more information or to complain about discrimination you may call HUD toll-free at 1-800-669-9777 (or for the hearing impaired 1-800-927-9275).

    3. You acknowledge and agree that you will not submit or post any ad which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting HUD, to report such ad or posting by clicking on the “Report this Ad” link located on the ad page. You understand that we shall have the right, but not the obligation, to remove, edit or delete any ad.

    4. Using the Site to engage in, or to assist another individual or entity to engage in, any fraudulent, abusive, manipulative or illegal activity.

    5. The posting of any Content which is harassing, threatening, defamatory, threatening, abusive, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation Content which encourages conduct that could constitute a criminal offense or give rise to civil liability.

    6. The posting of any Content which infringes upon the copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;

    7. Impersonating any other person or entity;

    8. The posting of any Content which contains or consists of spam, computer viruses, chain letters, affiliate marketing, or pyramid schemes;

    9. Using or distributing any other person’s personal information without their consent;

    10. The use of any, automated device, spider, robot crawler, scraper, or data mining tool to collect content from Our Sites without Our prior written consent;

    11. Posting, Content in categories that are not appropriate, or posting the same item or service in more than one category or more than once every day;

    12. Posting obscene Content including but not limited to graphics or photographs which depict genitalia or actual or simulated sexual acts;

    13. Posting adult Content unless: (i) such Content is specifically permitted in a designated categories and permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state or nation of residence;

    14. Any Content which directly or indirectly promotes: (a) any illegal service exchanging sexual favors for money or other valuable consideration; (b) human trafficking; (c) the exploitation of minors; (d) the unlawful sale of controlled substances.

    15. Contacting any other user (whether via mail, e-mail, voice messages or faxes) for solicitation of any product or service unless the user has granted permission in their ad or otherwise requested contact for solicitation;

    16. Taking any action creating a disproportionately large load usage on Our Sites;

    17. Sending messages or engaging in activities disruptive to the functioning of Our Sites;

    18. Utilization of any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of Our Site;

    19. Gaining or attempting to gain unauthorized access to non-public areas of our Sites.

    20. The unauthorized use of any other User’s account.

    21. Posting any Content which violates any applicable local, state, provincial, national, or international law or regulation. In this regard, we note that the sale or transfer of many items (e.g. firearms, medications, alcohol, tobacco, vehicles, etc.) are heavily regulated and restricted, and failure to strictly comply with all applicable laws may constitute is a serious crime and may result in criminal prosecution. It is your responsibility to comply with all applicable laws in all your transactions. By listing any item for sale you represent and warrant to us that you legally own and possess the item and have fully complied with and will continue to fully comply with all laws and regulations applicable to your listing, transfer and/or sale. By agreeing to purchase any item listed on Our Sites, you represent and warrant to us that you are of legal age, and are not otherwise prohibited by law from purchasing, owning, or possessing the item listed, and that you have fully complied with and will continue to fully comply with all laws and regulations applicable to your transfer or purchase.

    22. Use of multiple email addresses or User accounts by a single User; CAPTCHA circumvention, attempts to damage or circumvent or compromise the security or Our Sites.

    23. Posting content to Our Sites or copying of Content from Our Sites by any automated means.

    24. Affiliate marketing is expressly prohibited on Yanteres. Users may not post content or communicate with any Yanteres user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

    25. Any other conduct which Yanteres may determine in its sole discretion to needlessly infringe upon the use or enjoyment of Our Sites by other users or which infringes upon the letter or spirit of these TOU.

    For any Users who violate these TOU, we may, among other things: (a) permanently ban such User from posting ads or from otherwise using Our Sites and Site Services; (b) limit or terminate our services for such Users, remove their Content and take technical and legal steps to keep such Users from using Our Sites. However, we do not accept any liability for monitoring Content or the posting of unauthorized or unlawful Content on Our Sites by Users. We may in our sole discretion and without notice, start, stop or modify any prohibitions or or enforcement measures at any time. Our decisions with regard to enforcement of the above prohibited conduct rules in one instance does not waive or limit our right to take enforcement measures with regard to any subsequent or similar TOU violations.

  5. Reporting Prohibited Conduct

    If you become aware of any non-compliance by any User, you should report it to:

    yanteres@yanteres.com

  6. No Responsibility for User Posted Content

    You understand and agree that you are solely responsible and liable for any Content you post or which is posted through your Account and that we do not control, and are not responsible for, the Content of any User postings. Accordingly, we assume no responsibility for the accuracy, currency, completeness, quality, safety, legality or usefulness of any User posted Content.

    Moreover, we do not recommend or endorse any products, services, or opinions of our Users and encourage all Users to be cautious in their transactions and perform any necessary, appropriate, or investigations, inquiries, research and due diligence with respect to any User or User Content.

    While we do not pre-screen, monitor, or approve any Content, we retain the right, but not the obligation, to remove, move to another section of Our Sites, refuse, edit, regulate or delete any Content for any reason whatsoever in our discretion.

    You understand and agree that we shall not be not be responsible for any interaction or transactions between you and the other Users and under no circumstances will we be liable for any harm or damages arising from any Content posted by Users or as a result of your dealings with other Users.

    In the event that you have a dispute with any other User, you agree that we are under no obligation to become involved. You further agree to release us from any and all claims, demands, and damages arising out of or related to such dispute.

  7. Disclaimer of Warranties.

    OUR SITES AND THEIR CONTENT IS PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND YOUR USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT LEGALLY PERMITTED, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE RELATING TO OUR SITE SERVICES AND ANY USER POSTED CONTENT. MOREOVER, WE ARE NOT LIABLE FOR ANY LOSS, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITES, EVEN IF WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  8. Indemnification, and Limitation of Liability

    You agree to indemnify and hold us and our affiliates, agents, owners, directors, officers, partners, and employees (collectively “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your use of Our Sites, or any violation of these TOU by you (or those using your computer or account). We reserve the right, at our own expense to assume the exclusive defense and control over any matter otherwise subject to indemnification by you hereunder.

    IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO:

    1. YOUR USE OF (OR INABILITY TO USE), OR PERFORMANCE OF OUR SITES;

    2. ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OUR SITES; OR

    3. ANY INTERACTION BETWEEN YOU AND OTHER USERS.

    YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU (OR ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT). IF YOU ARE DISSATISFIED WITH OUR SITES OR DO NOT AGREE WITH THESE TERMS, YOUR SOLE RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING OUR SITES.

    Despite the above, if we are ever found to be liable to you (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) you agree that our liability is limited to the greater of either: (a) the total fees you paid to us in the prior 12 months, or (b) 100.00 US Dollars.

    We reserve the the right to, in our sole discretion, limit, modify, interrupt, suspend or discontinue all or any portions of Our Sites or Site Services at any time without notice and without liability. Any other representation (written or verbal) by any Yanteres employee or agent is nonbinding and unenforceable. This paragraph may not be modified, waived or released except by a notarized written agreement, dated and signed by our then current Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

  9. Injunctive Relief

    You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Accordingly, notwithstanding any other provision of these TOU or other applicable legal requirements, you agree that we have the right to, and may in our discretion, immediately seek and obtain temporary and preliminary injunctive relief and seek permanent injunctive relief regarding any violation or breach of these TOU.

  10. Content Licensing

    So that we may host and display your Content, you agree that for all Content you submit to us that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use such Content and agree that our use thereof on Our Sites does not constitute a copyright, trademark or other infringement.

    Please note that if we have grounds to suspect, or are notified by a verifiable source, that your Content is alleged to violate the trademark, copyright, or other intellectual property right of another, we may remove such Content in our discretion unless and until it can be established that there is no violation.

  11. Fees

    While some areas of Our Sites and services are free to use, we may charge a fees to post certain content in certain areas or for other features, products, or services. We will not ask for, or require you to provide any credit card, debit card, or other payment information unless and until you request access or services from us for which a fee is required. By providing us with your credit car, debit card, or other payment information, you are consenting to authorized charges made thereto, for such additional site usage, access, or services. You are responsible to Yanteres for any fees applicable to Content that you post or other features, products, or services you purchase or that are purchased through your account. You authorize Yanteres, or its designated payment processor, to charge your specified credit card, debit card. or other payment method for all such authorized fees.

    Users uploading Content to fee-based site locations are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund of such fees, even in the event that such Content is removed from fee-based areas for violation of these TOU.

    Unless otherwise specified, all our fees are in US dollars and all charges will be made in US dollars. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Any applicable sales or other taxes are additional to our stated fees.

    Our fees may change from time to time, and we may also choose to temporarily change our fees temporarily for promotional events or new services. Such changes are effective when we announce the promotional event or new service. If your payment method fails for any reason or your account is otherwise past due, you agree that we may collect fees owed using other collection mechanisms and may delete any Content or cancel any purchase for which such payment failed.

    We reserve the right to refuse or cancel any purchase or attempted purchase at any time in our sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, your transaction may be put on hold until payment is actually received by us.

    We cannot guarantee that your Content postings achieve your desired outcome. As such, and Din light of our extremely low rates and the attendant administrative costs for processing transactions, we do not issue any credits or refunds to users, unless we have elect in our sole discretion to completely cancel the purchase/transaction.

    If you have any complaints or concerns about Our Sites you may let us know by sending us an email at yanteres@yanteres.com
 If you are a California resident, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by writing them at 400 R. Street, Sacramento, CA 95814, or by telephoning them at 1-800-952-5210.

  12. Limits on User Accounts

    A User may create, maintain, and use only a one User account, which must be created personally and manually (i.e. not by automated means). A User may not create or use additional accounts for the purpose of: (a) circumventing technological restrictions (security measures); (b) attempting to deceive or mislead us or other Users; or (c) for posting content which violates these TOU. Users may not create accounts for others or use the accounts of other Users. Users may not purchase or sell accounts. Users are responsible for maintaining the privacy and security of their own User accounts. We reserve the right to limit the number of postings any User may may in one day.

  13. Limits on Content Flagging and Starring

    A user may “flag” or “star” a specific item of content only once. A user shall not “flag” Content on Our Sites without a rational basis and good-faith belief that the Content violates these TOU. A user may not star their own posted Content or have any reciprocal agreement with other Users for the starring of their posted Content.

  14. Interpretation

    You acknowledge and agree that if any provision of these TOU shall be deemed unlawful, void, or for any reason unenforceable by any court of competent jurisdiction, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms 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. Our failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

    Any and all claims, causes of action or disputes between you and us arising out of or related to the TOU, Our Sites, or Content accessed through or posted on Our Sites shall be governed by the laws of the State of California without regard to conflict or choice of law principles. You and Yanteres agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Placer, California, and you and Yanteres agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.