Effective Date: June 23, 2016
By using and/or accessing the Site and/or Services, you represent that: (i) you are at least 13 years of age, (ii) if you are at least 13 years of age and legally defined as a minor in your state of residence in the United States (under 21 in Colorado and Mississippi, under 19 in Alabama and Nebraska and under 18 everywhere else in the United States) you have obtained parental and/or guardian permission to use and/or access the Site and (iii) you are expressly agreeing to be bound by following terms and conditions of this Agreement.
Even if you are old enough to use the Site and/or Services, some of the content available within the Service may not be appropriate for you. Some content may contain nudity, profanity and other mature subject matter. If you are under 18 years of age, or are otherwise not an intended viewer, please do not use or view the Site. Even if you do not complete the registration process but otherwise use or access the Site, you acknowledge and agree that you have read these Terms and you accept and agree to be bound by the terms and conditions of this Agreement (to the extent applicable to you) when you visit the Site. If your child is using the Site and/or the Services and is under 13 years of age, please contact us immediately so we can disable his or her access. Any other questions or comments regarding, or problems with, the Site should be sent to the Site Administrator: [email protected]
- LIMITED LICENSE / INTELLECTUAL PROPERTY RIGHTS. The Site and its contents are owned by YOMYOMF and are protected by domestic and international copyright, trademark and other intellectual property laws. By accessing and/or downloading the material on the Site, you do not acquire any ownership interest or rights to the copyrighted or trademarked material found on the Site. Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited right to access, use and display the Site and its contents for your personal, non-commercial use only. You may not use, distribute, or copy any material found on the Site other than as expressly permitted herein. Except as otherwise set forth herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or other intellectual property rights, and all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practiced in connection with the Site, the Service and the Content including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, YOMYOMF trademarks, logos and service marks, whether registered or unregistered, titles, names, graphics and button icons (collectively, “YOMYOMF Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries and owned by YOMYOMF, its parent, subsidiaries or affiliates (collectively, “YOMYOMF Entities”) or its licensors, and you agree to make no claim of interest in or ownership of any such YOMYOMF Intellectual Property. You acknowledge that no title to the YOMYOMF Intellectual Property is transferred to you, and that you do not obtain any rights, express or implied, in the Site, Service or the Content other than the rights expressly granted in this Agreement. Any third party trademarks, service marks, product names and company names or logos appearing on the Site that are not owned by YOMYOMF may not be used without express permission from their owners. This Agreement creates no relationship between YOMYOMF and you other than that of licensor to licensee. You understand and agree that no confidential or fiduciary relationship is established between you and us arising from using the Site.
- PROHIBITED ACTIVITIES. You agree not to interrupt or attempt to interrupt the operation of the Site in any way or take any steps that are intended to or could damage or inhibit operation of the Services or that could cause injury to us or to any third party. We authorize you to view the Site and download reasonable portions of information and other content on the Site (“Content”) onto your personal computer solely for your personal, non-commercial use. This authorization is not a transfer of title in the Content or copies thereof. Without limitation, you further agree as follows:
- You will retain on all copies of the downloaded Content, all copyright and other proprietary notices contained in the Content;
- You will not modify the Content in any way or reproduce, download, license, publish, create derivative works from, transmit, post, distribute, enter into a database, or publicly display by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, sell, perform, or distribute or otherwise use them for any public or commercial purpose, without our express written permission;
- You will not transmit or transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms;
- You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time;
- Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Site in an email for commercial purposes, without our express written permission;
- You may not use any “meta tags” or any other “hidden text” utilizing our name or trademarks, and/or the name of the Site, without our prior written permission;
- You will not introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware and/or damage, disable or otherwise impair the Services, or our servers, networks, facilities or user accounts;
- You will not collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications or for any other purpose not explicitly authorized by us; distribute “spam”; advertise or solicit others to purchase any product or service within the Services or otherwise use the Services for any commercial solicitation purposes;
- You will not act in a deceptive manner by, among other things, impersonating any person; misrepresenting your affiliation with a person or entity; conducting fraud; hiding or attempting to hide your identity, except as otherwise permitted; harm or exploit minors; use any information obtained from the Services in order to harass, abuse or harm another person.
Any unauthorized use of the Site, the Content and/or the contents or materials thereon, automatically terminates the permission or license granted by us hereunder.
- USER COMMENTS AND POSTINGS. We provide registered members of the Site with the ability to create blog posts and post comments and replies to existing posts or articles (“User Comments” or “Postings”), and you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the Postings in connection with the Site and the Services, in any media format throughout any media channels. You waive all moral rights that you may have in having a Posting altered or changed in a manner not agreeable to you. In the event any Postings you submit includes your name, likeness, voice or photograph, you acknowledge and agree that the foregoing license shall apply to the same. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
You agree that you will not upload or post or otherwise publish any libelous, defamatory, obscene, pornographic, abusive or illegal material. You agree that you will refrain from any Postings that are discriminatory or would constitute or be perceived as “hate speech.” The User Comments are also not the place for commercial postings of any kind (including, though not limited to, advertisements, recruitment efforts, site or program announcements) and any such Postings may be immediately removed. We and our service providers have the right, but not the obligation, to monitor all conduct on the Site and User Comments submitted to the Services and to remove any User Comment for any reason, including because the User Comment is deemed to be inappropriate or because third parties have complained regarding the User Comment.
You further agree that we and our affiliates are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback or content or User Comments posted in response to, as a supplement to or in association with any other content available on or in connection with the Services (“Feedback”), whether oral, written or video/multimedia that you may send to us or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature and that we have no duties to you with respect to such Feedback.
- SOCIAL MEDIA. Some users may have the ability to connect certain activities with their social media accounts (e.g., Facebook, Twitter, Tumblr or Google+). If you choose to connect, you may be able to take advantage of certain social features. These features will be designed to share information with others. In addition, we have the right to personalize and otherwise enhance your user experience based on the information from such social media accounts, such as basic information and “Likes.” Such social media platforms may offer ways to manage the information you share with us. See their websites for further details.
BY CONNECTING YOUR YOMYOMF ACCOUNT TO YOUR FACEBOOK, TWITTER OR GOOGLE+ ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK, TWITTER AND/OR GOOGLE+, IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH WEBSITES. IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT LOG IN TO OR SIGN UP FOR AN ACCOUNT ON THE SITE FROM FACEBOOK, TWITTER AND/OR GOOGLE+.
- You agree to indemnify, hold harmless and defend us and our parent companies, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, contractors, agents, directors, officers, shareholders and service providers (collectively, “Indemnified Parties”), from and against all the liabilities, claims, damages and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with: (i) your use, misuse or access of the Site, the Service or any Content, (ii) someone else’s unauthorized use of your account, (iii) your breach or alleged breach of this Agreement, the Privacy Statement or any applicable law, regulation, policy or guideline, whether or not referenced herein, (iv) your violation or alleged violation of the copyright, trademark, proprietary or other rights of any third party; or (v) any claim that your User Comments caused damage to a third party. You shall cooperate fully and as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defense. This indemnification obligation will survive the termination of your relationship with us.
- DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE SERVICE OR ANY CONTENT IS SOLELY AT YOUR OWN RISK AND THAT THE SITE, SERVICE AND CONTENT ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE INFORMATION OR SERVICES WITH THE INTENTION THAT USERS RELY ON ANY INFORMATION FOUND ON THE SITE AND SERVICES FOR ANY PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, THE SERVICE OR ANY FEATURE OR CONTENT OF THE SITE OR THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOMYOMF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR THAT THE SERVICE (OR ANY DOWNLOADS OR OTHER FEATURES THEREOF) OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, NONINFRINGING OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICE OR ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE SERVICE. ANY DECISION OR ACTION TAKEN BY YOU ON THE BASIS OF INFORMATION OR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, THE INDEMNIFIED PARTIES (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE OR CONTENT) (COLLECTIVELY, “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ASSUME NO RESPONSIBILITY, AND SPECIFICALLY DISCLAIM LIABILITY, FOR (A) ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, WORMS, OR OTHER COMPUTER PROGRAMS OR APPLICATIONS THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICE OR ANY CONTENT; (B) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; OR (C) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICES AND/OR THE CONTENT IS TO STOP USE THE SITE AND/OR THE SERVICES AND/OR THE CONTENT.
- COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT. We respect the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf , we will respond expeditiously to claims of copyright infringement committed using the Site that are reported to the designated Copyright Agent identified below. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit YOMYOMF to locate the material;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows by mail/email:
1107 Fair Oaks Ave #501
South Pasadena, CA 91030
Email: [email protected]
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If your inquiry does not relate to an infringement of your rights, and except as expressly provided otherwise herein, all notices to us shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
1107 Fair Oaks Ave #501
South Pasadena, CA 91030
Email: [email protected]
- ACCOUNTS, SECURITY AND PASSWORDS. If a service offered on the Site requires you to open an account, you must complete the specified registration or profile process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration or profile data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration or profile form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by clicking on the “My Account” section of the Site and following the instructions to cancel your account.
- MATERIAL POSTED OR COMMUNICATED BY USERS. Users of the Site may post videos, comments and other content, send communications, and submit suggestions, ideas, comments, questions, or other information on or through the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable for any reason (as determined by us in our sole discretion) and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a video, communication, post, or other content. We reserve the right (but not the obligation) to remove or edit such content.
- COMMUNICATIONS WITH US. Any communication or material that you send to us by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. You hereby consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- TERMINATION. We reserve the right to modify, suspend, or terminate this Agreement and your access to the Site or the Service, or any portion thereof, including any account and/or password you may have, immediately, for any reason in our sole discretion without notice or any liability to you, if you fail to comply with any term or condition of this Agreement. Termination of your account in relation to any Service removes your authorization to use the Site, Service or Content. In the event of termination, you will still be bound by your obligations under this Agreement which by their nature should survive termination, including, without limitation, licenses of User Comments, ownership provisions, the warranties made by you, and by the warranty disclaimers, indemnity and limitations of liability. Additionally, we shall not be liable to you or any third party for any termination of your access to the Site, Service or Content.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
- United States: The Site is controlled and operated from its facilities in the United States. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies or other entities located in the United States.
- Severability: This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
- Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Site and the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
- Assignment: Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. We may assign our rights under these Terms without condition.
- Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of YOMYOMF. Our remedies under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under this Agreement shall not constitute a waiver of such right.
- Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.