TERMS OF SERVICE
We are YOV, Inc., doing
business as You, Only Virtual ("Company,"
"we," "us," "our"), a company registered in California, United States at
108 S. Clark Drive, West Hollywood, CA 90048.
We operate the website https://www.myyov.com (the "Site"),
as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms")
(collectively, the "Services").
YOV is a patented
communications system that digitally maps and recreates the relationship
dynamics between you and your loved one through conversation – enabling
authentic communication upon one’s passing.
You can contact us by phone at 424-977-8036, email at contact@youonlyvirtual.com, or by mail to 15007 Valleyheart
Drive, Sherman Oaks, CA 91403, United States.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"), and YOV, Inc., concerning
your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms from time to time. We will alert
you about any changes by updating the "Last updated" date of these
Legal Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms to
stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes in
any revised Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of
age. All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services. If you are a
minor, you must have your parent or guardian read and agree to these Legal
Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your
records.
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
13. MODIFICATIONS AND INTERRUPTIONS
Exceptions
to Informal Negotiations and Arbitration
21. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
The information
provided when using the Services is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Services from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not
tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use the Services. You may not use the Services in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services
"AS IS" for your personal, non-commercial use only.
Subject to your compliance
with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
§ access the Services; and
§
download or print a copy of any portion of the Content to which
you have properly gained access. solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: contact@youonlyvirtual.com. If we ever grant you the permission to post, reproduce,
or publicly display any part of our Services or Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and ensure that
any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute
a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Please review this
section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
§
confirm that you have
read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or
transmit through the Services any Submission that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
§
to the extent permissible by
applicable law, waive any and all moral rights to any such Submission;
§
warrant that any such
Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above mentioned rights in relation to your
Submissions; and
§
warrant and represent that your
Submissions do not constitute confidential information.
You are solely
responsible for your Submissions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights,
or (c) applicable law.
By using the Services, you
represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these
Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Services; (6) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (7)
you will not use the Services for any illegal or unauthorized purpose; and (8)
your use of the Services will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion thereof).
You may be required to
register to use the Services. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
-
Visa
-
Mastercard
-
American
Express
-
Discover
-
PayPal
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
Your subscription will
continue and automatically renew unless canceled. You consent to our charging
your payment method on a recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle will depend on the type of subscription plan
you choose when you subscribed to the Services.
We offer a 3-day free
trial to new users who register with the Services. The account will be charged
according to the user's chosen subscription at the end of the free trial unless
canceled before the free trial period ends.
All purchases and
subscription renewals are non-refundable. You can cancel your subscription at
any time by logging into your account at https://versona.myyov.com and is the fastest way to cancel your
subscription. Your cancellation will take effect at the end of the current paid
term. For example; canceling after your subscription
is renewed, whether it is 5 minutes or 5 days, will prevent your subscription
from renewing on the next billing cycle, but your subscription will still be
valid and continue to be usable until end of the current billing cycle. If you
have any questions or are unsatisfied with our Services, please email us at contact@youonlyvirtual.com. Since
YOV is a very small, mostly volunteer-based company as of writing, please allow
time for a member of our team to assist you.
We may, from time to time, make changes to the subscription fee
and will communicate any price changes to you in accordance with applicable
law.
You may not access or use
the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
§
Systematically retrieve
data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
§
Trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
§
Circumvent, disable, or
otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
§
Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Services.
§
Use any information
obtained from the Services in order to harass, abuse,
or harm another person.
§
Make improper use of
our support services or submit false reports of abuse or misconduct.
§
Use the Services in a
manner inconsistent with any applicable laws or regulations.
§
Engage in unauthorized
framing of or linking to the Services.
§
Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment
of the Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
§
Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
§
Delete
the copyright or other proprietary rights notice from any Content.
§
Attempt
to impersonate another user or person or use the username of another user.
§
Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms").
§
Interfere with,
disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
§
Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
§
Attempt
to bypass any measures of the Services designed to prevent or restrict access
to the Services, or any portion of the Services.
§
Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
§
Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Services.
§
Except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script or other software.
§
Use a buying agent or purchasing
agent to make purchases on the Services.
§
Make any unauthorized
use of the Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
§
Use the Services as
part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise.
§
Use the Services to
advertise or offer to sell goods and services.
§
Sell or otherwise
transfer your profile.
The Services does not
offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Services and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Services' Privacy Policy. When
you create or make available any Contributions, you thereby represent and
warrant that:
§
The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
§
You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services
and these Legal Terms.
§
You have the written
consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
§
Your Contributions are not false,
inaccurate, or misleading.
§
Your Contributions are
not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
§
Your Contributions are
not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
§
Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
§
Your Contributions are
not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
§
Your Contributions do not violate any
applicable law, regulation, or rule.
§
Your Contributions do not violate the
privacy or publicity rights of any third party.
§
Your Contributions do
not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
§
Your Contributions do
not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
§
Your Contributions do
not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation.
Any use of the Services
in violation of the foregoing violates these Legal Terms and may result in,
among other
things, termination or suspension of your rights to use the
Services.
You and Services agree that
we may access, store, process, and use any information and personal data that
you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including
without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome to
our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the
Services.
We care about data privacy and security. Please review our
Privacy
Policy: https://versona.myyov.com/privacy-policy_v1.1.html. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in the United
States. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and
processed in the United States. Further, we do not knowingly accept, request,
or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Services as quickly
as is reasonably practical.
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In addition
to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance
of the Services.
We cannot guarantee the
Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
These Legal Terms and your
use of the Services are governed by and construed in accordance with the laws
of the State of California applicable to agreements made and to be entirely
performed within the State of California, without regard to its conflict of law
principles.
To expedite resolution
and control the cost of any dispute, controversy, or claim related to these
Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
If the Parties are
unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"),
both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, 1but
need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in Los Angeles
County, California. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute
proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Los Angeles County,
California, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non convenience with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any
Dispute brought by either Party related in any way to the Services be commenced
more than one (1) years after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
The Parties agree that
the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
There may be
information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time,
without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR
OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US DURING THE ONE (1) MONTH PERIOD
PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) use of the Services; (2) breach of these
Legal Terms; (3) any breach of your representations and warranties set forth in
these Legal Terms;
(4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
If any complaint with
us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate
to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
Due to the high up-front
costs associated with creating a custom Versona, all
sales are final at the time of purchase. It is the user's responsibility to
cancel the service through the user portal to prevent future charges.
In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
YOV, Inc.
15007 Valleyheart
Drive
Sherman Oaks, CA
91403 United States
Phone: 424-977-8036