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@myyov.com, or by mail to 108 S. Clark Drive, West
Hollywood, CA 90048, 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@myyov.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@myyov.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.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.
108 S. Clark Drive
West Hollywood, CA 90048
United States
Phone: 424-977-8036