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Yohyoh application and services are provided by yohyoh.com. These Terms of Service ("Terms") govern your access to and use of Yohyoh's website and services. Please read these Terms carefully, and contact us if you have any questions. By accessing or using our services, you agree to be bound by these Terms and by our Privacy Policy.


01
Using YohYoh

a. Who can use Yohyoh

You may use our services only if you can form a binding contract with Yohyoh, and only in compliance with these Terms and all applicable laws. When you create your Yohyoh account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.


b. Our license to you

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our services.


c. Commercial use of YohYoh

If you want to use our services for commercial purposes you must create a business account and agree to our Business Terms of Service.

02
Your Content

a. Posting content

Yohyoh allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our application is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Yohyoh.


b. How Yohyoh and other users can use your content

You grant Yohyoh and its users a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Yohyoh solely for the purposes of operating, developing, providing, and using the Yohyoh application and services. Nothing in these Terms shall restrict other legal rights Yohyoh may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.


c. Your responsibility for your content

i. To YohYoh and our community

Yohyoh provides a creative and positive place for you and other users to discover and share things you love. To keep it that way, you must abide and comply with our policies, including our Acceptable Use Policy. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our services without our permission.


ii. To third parties

Yohyoh respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree not to post any User Content that violates any law or infringes the rights of any third party.


d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Yohyoh more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Yohyoh does not waive any rights to use similar or related Feedback previously known to Yohyoh, or developed by its employees, or obtained from sources other than you.

03
Security

We care about the security of our users. While we work to protect the security of your content and account, Yohyoh cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.


Please post your legal/privacy/confidentiality issues to support@yohyoh.com


04
Third-party Links, Sites and Services

Our application / services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Yohyoh. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Yohyoh, you do so at your own risk and you agree that Yohyoh will have no liability arising from your use of or access to any third-party website, service, or content.


05
Termination

Yohyoh may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by these Terms.


06
Indemnity

If you use our application / services for commercial purposes in violation of Terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Yohyoh and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our application, (b) your User Content, or (c) your breach of any of these Terms.

07
Disclaimers

The application / services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.


Yohyoh specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.


Yohyoh takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our application. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


Please post your legal/privacy/confidentiality issues to support@yohyoh.com


08
Limitation of Liability

To the maximum extent permitted by law, yohyoh shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from

(a) your access to or use of or inability to access or use the applications;

(B) Any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; OR

(C) Unauthorized access, use or alteration of your transmissions or content.

09
Arbitration

For any dispute you have with Yohyoh, you agree to first contact us and attempt to resolve the dispute with us informally. If Yohyoh has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms.


10
General Terms

Notification Procedures and changes to these Terms. Yohyoh reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the application after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the application.


Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yohyoh without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Yohyoh in connection with the application, shall constitute the entire agreement between you and Yohyoh concerning the application. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.


No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Yohyoh's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.