YOLLLO Terms and Conditions
These Terms and Conditions Agreement ("Agreement") is a legal document that explains your rights and obligations as a member of YOLLLO CLUB from YOLLLO Corp. (the “YOLLLO”, “we” or “us” or “the Platform”) and its affiliates. This Agreement applies to all users and members of YOLLLO who may access and use the YOLLLO online platform and our related websites, services, applications, products and content, comment on or rate the content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below) may be subject to age restrictions and not available to all users of the Services.
This document describes:
- How you become bound by these Terms
- How YOLLLO may amend these Terms
- How you may access and use our Services
- What you can’t do when using our Platform
- YOLLLO policy regarding Intellectual Property Rights
- Your liability towards YOLLLO if you breach these Terms
- The limits of our liability towards you
- How long this Agreement lasts and when it may end
- Resolution of disputes and procedure regarding Copyright infringement
- Other terms which govern our Agreement
How you become bound by these Terms
By accessing or using any website with an authorized link to YOLLLO, registering an account or accessing or using any content, information, services, features or resources available or enabled via YOLLLO, clicking on a button or taking another action to signify your acceptance of this Agreement, you:
- agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
- represent you are of legal age in your jurisdiction of residence to form a binding contract; and
- represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
If you are accessing or using the Services on behalf of a business or entity, then you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and your entity is legally and financially responsible for your access or use of the Services.
You are encouraged to print off or save a local copy of the Terms for your records.
How YOLLLO may amend these Terms
This Agreement may at any time be amended by your explicit consent to changes proposed by YOLLLO. Your failure to cancel your Account within ten (10) days after the entry into force of the amendments, will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Membership.
Furthermore, YOLLLO reserves the right to amend this Agreement unilaterally at any time in its sole discretion. We will use reasonable efforts to generally notify all users of any material changes to these Terms, however, please look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
How you may access and use our Services
You are responsible for the confidentiality of your login and password and for the security of your computer system. YOLLLO is not responsible for the use of your password and Account or for all of the communication and activity on Services that results from use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision.
Unless it results from YOLLLO’s negligence or fault, YOLLLO is not responsible for the use of your Account by a person who has fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify YOLLLO at: [email protected] without any delay.
Your Account, including any information pertaining to it (e.g.: contact information, Credits, Account history and Memberships, etc.), is strictly personal. You may therefore not sell to or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell to, charge others for the right to use, or transfer any Memberships other than if and as expressly permitted by this Agreement or as otherwise specifically permitted by YOLLLO.
You agree to monitor your Account to restrict its use by minors and other unauthorized members.
You represent that you are not barred from using the Services under any applicable law and you agree that you are solely responsible for the activity that occurs under your account.
You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services.
You further agree that you will not maintain more than one Account for the same YOLLLO service at any given time.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, contact us at: [email protected] We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account.
You may obtain access to certain services, software and content, including but not limited to YOLLLO or third-party content, and any virtual items you trade, sell or purchase in Services (“Content and Services”) available through the Membership or Subscription;
The rights to access and/or use any Contents and Services are referred to in this Agreement as Memberships or Subscription. Each Memberships or Subscription allows you to access particular Content and Services.
BILLING AND PAYMENT PROCESSING
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. Payment processing related to Content and Services and/or Credits purchased on Services is performed by one of the payment agent authorized by YOLLLO (YOLLLO’s Payment Partners) depending on the type of payment method used. In any case, delivery of Content and Services is performed by the YOLLLO.
Credits are issued by YOLLLO for the internal use by Users and Members within YOLLLO as a mean of payment for the Services or providing content ratings. Credits will be issued to Members in accordance with the membership plan. Additional Credits may be purchased from YOLLLO from time to time. You acknowledge and agree that such Credits will expire upon termination of Account / failure to renew Membership if the Credits have not been redeemed for Services. By using the Services, you acknowledge that:
- Ownership of Credits carries no rights, express or implied, other than as a means to access the Services. In particular, you understand and accept that Credits do not represent or confer any ownership right or stake, share or security or equivalent rights in any jurisdiction, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to YOLLLO and its corporate affiliates or its property, other than rights relating to the receipt of Services, subject to limitations and conditions in these Terms.
- Credits are not and in no case shall be understood, deemed, interpreted or construed as any kind of financial instrument including but not limited to (i) any kind of currency or money, whether fiat or not; (ii) equity interest, voting or non-voting securities (or it’s like) in, or claims against, YOLLLO, including its members, shareholders, consultants, directors or any other entity in any jurisdiction; (iii) equity or debt investment of any kind in any venture; (iv) any securities having intrinsic value or market price; (v) any form of financial derivative; (vi) any commercial paper or negotiable instrument; (vii) any form of investment contract between the relevant holder and any other person; (viii) any commodity or asset that any person is obliged to redeem or purchase; or (ix) any note, bond, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person.
- YOLLLO provides no assurance (whether express or implied) that Credits may be traded on any known exchange, have any utility outside of the Services.
- YOLLLO reserves the right to reject your offer to purchase Credits for any reason, at its absolute, unfettered discretion.
REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and you license to YOLLLO all patent, trademark, copyright, other proprietary or personal rights in and to such Content for publication on the Service pursuant to these Terms and Conditions. You furthermore represent and warrant that the Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.
What you can’t do when using our Platform
ONLINE CONDUCT AND ILLEGAL BEHAVIOR
You use all Content and interact with other members at your own risk. Your online conduct and interaction with other Members or Users should be guided by common sense and basic etiquette. YOLLLO may terminate your Account or a particular Membership for any conduct or activity that we deem as illegal, improper, or otherwise negatively affects the enjoyment of Services by other Members or Users. You acknowledge that YOLLLO is not required to provide you notice before terminating your Membership and/or Account.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
YOU MAY NOT:
- modify, make unauthorised copies, adapt, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services;
- use the Services, without our express written consent, for any commercial or unauthorized purpose, including any commercial advertisement or solicitation or spamming;
- rent or lease the Services for a fee or charge, market or use the Services to advertise or perform any commercial solicitation;
- incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Services;
- promote sexually explicit material, violence or discrimination based on religion, race, nationality, sex, sexual orientation or age;
- use another’s account or create a false identity on the Services;
- use any unsolicited or unauthorised advertising, promotional materials, “spam,” “pyramid schemes,” or any other prohibited form of solicitation;
- use the Services to upload, transmit, distribute files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- use any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- use any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
- use any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- use any material that contains a threat of any kind, including threats of physical violence;
- use any material that, in the sole judgment of YOLLLO, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose YOLLLO, the Services or its users to any harm or liability of any type.
The rights granted to you in this Agreement are also subject to the following restrictions:
- you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
- you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of YOLLLO;
- you shall not use any metatags or other "hidden text" using YOLLLO's name or trademarks;
- you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services;
- you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- you shall not access the Services to build a similar or competitive website, application or service;
- you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
- you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other member, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorized use of the Services terminates the licenses granted by YOLLLO pursuant to this Agreement.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason.
YOLLLO policy regarding Intellectual Property Rights
OWNERSHIP OF SERVICES
All title, ownership rights and intellectual property rights in and to the Services are owned by YOLLLO. All rights are reserved, except as expressly stated herein. The Services is protected by copyright laws, international copyright treaties and conventions and other laws.
USE OF THE SERVICES
Except with respect to Member or User Content, YOLLLO and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, YOLLLO grants you a limited license to use the Services solely for your personal purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. YOLLLO its suppliers and service providers reserve all rights not granted in this Agreement.
YOLLLO's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of YOLLLO and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
RESTRICTIONS ON USE OF CONTENT AND SERVICES.
You may not use the Content and Services for any purpose other than the permitted access to Services and your Membership and Subscription, except as otherwise permitted by this Agreement.
THIRD PARTY CONTENT & LINKS
In regard to all Memberships, Contents and Services that are not authored by YOLLLO, YOLLLO does not screen such third party content available on Services or through other sources. YOLLLO assumes no responsibility or liability for such third party content.
The Services may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. YOLLLO does not control and is not responsible for Third-Party Links. YOLLLO provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
MEMBER and USER GENERATED CONTENT
General Provisions. As a YOLLLO Member or User you may submit Content through the Services (including, without limitation, any videos, sound recordings and the musical works embodied therein) to the platform or application (“User Content”). The information and materials in the User Content have not been verified or approved by us. The views expressed by other users on the Services (including through use of the credits) do not represent our views or values.
You understand that YOLLLO does not guarantee any confidentiality with respect to any Content you submit. "User Content" means any content you make available through the application or the platform of YOLLLO, or otherwise provided to YOLLLO or other users online. You retain all of your ownership rights in your User Content. However, by submitting User Content to YOLLLO, you hereby grant YOLLLO a worldwide, non-exclusive, royalty-free license to use, distribute, display, publish, make available online and perform the User Content in connection with the Service of YOLLLO (and its successors and affiliates), including without limitation for promoting and redistributing part or all of Content in any media formats and through any media channels.
When you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
You agree that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner, a musical work copyright owner, a performing and sound recording rights organization, any producers or other royalty participants involved in the creation of User Content.
If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
YOLLLO has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YOLLLO all of the license rights granted herein. You further agree that you will not submit to the Service any User Content or other material that is contrary to applicable local, national, and international laws and regulations. YOLLLO does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YOLLLO expressly disclaims any and all liability in connection with User Content. YOLLLO does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YOLLLO will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. YOLLLO reserves the right to remove User Content without prior notice.
If you wish to file a complaint about information or materials uploaded by other users, contact us at: [email protected]
Some features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
FEEDBACKS, RATINGS AND REVIEWS
If you provide YOLLLO with any feedback or suggestions about Services, the Content and Services, or any YOLLLO products or services, YOLLLO is free to use the feedback or suggestions however it chooses, without any obligation to account to you. Feedbacks, ratings and reviews posted by Members or Users on our Services are User Content that is not endorsed by YOLLLO and does not represent the views of YOLLLO. YOLLLO does not assume liability for ratings and reviews or for any claims for economic loss resulting from such feedbacks, ratings and reviews. The YOLLLO may, at its absolute discretion, award you with Credits for providing any feedback or User Content to YOLLLO.
The limits of our liability towards you
GENERAL DISCLAIMER OF LIABILITY
Prior to acquiring a membership or subscription, you should consult the product information made available on services, including membership description, minimum technical requirements, and member and user reviews. Please note that this section does not exclude any guarantee, right or remedy that cannot be so excluded, restricted or modified under local consumer protection law.
You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the services and any products offered through the services is at your sole risk, and the services and any products are provided on an "as is" and "as available" basis, with all faults. To the fullest extent permitted by applicable law, YOLLLO parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement arising from use of the services and products. YOLLLO makes no warranty, representation or condition that: (1) the services or any products will meet your requirements or (2) your use of the services will be uninterrupted, timely, secure or error-free. To the maximum extent permitted by applicable law, the company parties shall not be liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special or consequential damages, or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not the company has been advised of the possibility of such damages. YOLLLO assumes no responsibility for the timeliness, deletion or failure to store any content, Member and Users communications or personalization settings. Without limiting the foregoing, YOLLLO will not be liable for damages of any kind resulting from your use of or inability to use the service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other member of the Service.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither YOLLLO, its licensors, nor their affiliates, nor any of the company’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the services, your account, your memberships and the content and services including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will the company be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the services, the content and services, the memberships, and any information available in connection therewith, or the delay or inability to use the content and services, memberships or any information, even in the event of YOLLLO’S or its affiliates’ fault, tort (including negligence), strict liability, or breach of YOLLLO’S warranty and even if it has been advised of the possibility of such damages. These limitations and liability exclusions apply even if any remedy fails to provide adequate recompense. Your sole and exclusive remedy for dissatisfaction with the services or any third party materials is to stop using the services. Without limiting the foregoing, under no circumstances will the total aggregate amount that the company parties are liable to you exceed the greater of (a) the total amount actually paid to YOLLLO by you during the twelve-month period prior to the act, omission or occurrence giving rise to such liability, (b) the remedy or penalty imposed by the statute or regulation under which such claim arises, or (c) US$100. The foregoing cap on liability shall not apply to liability of a YOLLLO party for (x) death, tangible property damage, or personal injury caused by a YOLLLO party's gross negligence or for (y) any injury caused by a YOLLLO party's fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, neither YOLLLO nor its affiliates guarantee continuous, error-free, virus-free or secure operation and access to the services, the content and services, your account and/or your memberships or any information available in connection therewith.
Your liability towards YOLLLO if you breach these Terms
You agree to indemnify and hold YOLLLO, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the "YOLLLO Parties") harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) your content; (b) your use / misuse of the services; (c) your violation of this agreement; (d) your violation of any rights of another party, including any members and users; (e) your violation of any applicable laws, rules or regulations; (f) third-party claims that you or someone using your password did something that, if true, would violate any of these terms, (g) any misrepresentations made by you, or (h) a breach of any representations or warranties you’ve made to us. YOLLLO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with YOLLLO in asserting any available defenses. This provision does not require you to indemnify any of YOLLLO Parties for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, this Agreement or your access to the Services.
How long this Agreement lasts and when it may end
The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
TERMINATION BY YOU
You may cancel your Account at any time. You may cease use of a Membership at any time or, if you choose, you may request that YOLLLO terminate your access to a Membership. Memberships are not transferable. Access to Memberships purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one product / service purchased in the pack.
TERMINATION BY YOLLLO
YOLLLO may cancel your Account or any particular Membership(s) at any time in the event that you breach any terms of this Agreement.
DEACTIVATION OF ACCOUNT AND SURVIVAL OF TERMS
Your Account will be deactivated one (1) month after Termination.
Resolution of disputes and procedure regarding Copyright infringement
This document is governed by and are to be construed in accordance with the Laws of State of Florida applicable therein.
For EU Customers: In the event of a dispute relating to the interpretation, the performance or the validity of the Agreement, an amicable solution will be sought before any legal action. You can file your complaint at: [email protected] In case of failure, you may, within one year of the failed request, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage , or on the European Consumer Centre’s.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and YOLLLO, you will first contact YOLLLO and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of YOLLLO’s services and/or products, including the Services, or relating in any way to the communications between you and YOLLLO or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and YOLLLO. However, this arbitration agreement does not
(a) govern any Claim by YOLLLO for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or
(b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and YOLLLO are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Email Address: [email protected]
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with YOLLLO and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver.
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and YOLLLO each waive any right to a jury trial.
If a counter-notice is received by YOLLLO’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at YOLLLO’s sole discretion.
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_dca/contactus.shtml .
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: [email protected] All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe content posted on the Services infringes your copyright rights, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) evidence of why you believe that the disputed use is not authorised by the copyright owner or its agent; (g) a statement by you that you in good faith believe that the use of the copyrighted material you are complaining of is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Other terms which govern our Agreement
The communications between you and YOLLLO use electronic means, whether you visit the Services or send YOLLLO e-mails, or whether YOLLLO posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from YOLLLO in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that YOLLLO provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without YOLLO's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
YOLLLO shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department at: [email protected] We will do our best to address your concerns.
Where YOLLLO requires that you provide an e-mail address, you are responsible for providing YOLLLO with your most current e-mail address. In the event that the last e-mail address you provided to YOLLLO is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, YOLLLO's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or Product or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited countries.
RIGHTS OF THIRD PARTIES
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
COMPLYING WITH LAW
YOLLLO’s obligations are subject to existing laws and legal process and YOLLLO may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
This Agreement was last updated on 22 nd of December 2021 ("Revision Date"). We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees or charges required to use the Services; or change the Terms and Conditions of Services for some or all of our members. If you were a member before the Revision Date, it replaces your existing agreement with YOLLLO.