The below terms are effective June 15, 2015. By using our products and services (“Services”), you are agreeing to these terms. Please read them carefully.
The Services are provided by Yovo.
The Services are evolving and varied, so sometimes additional terms, policies or requirements may apply. These additional terms, policies or requirements may be conveyed with the Services, and will be part of your agreement with us if you use those Services.
Using our Services
You must follow any terms, policies or requirements made available to you with any Services, including but not limited to any requirements and usage rules imposed by third parties through whom you may access our Services.
The Services are intended to facilitate your use of the Yovo app. You must not use our Services in any manner or for any purpose other than as intended by us. For example, you cannot alter or interfere with our Services; nor can you attempt to access the Services using any method other than the interface and the instructions that we provide. Moreover, you may use our Services only as permitted by law, and you cannot remove, obscure or alter any legal notices displayed in or along with our Services. We may suspend or stop providing Services to you if you do not comply with our terms, policies or requirements, use or attempt to use the Services other than as intended by us, use or attempt to use the Services in a manner that violates applicable law, or remove, obscure or alter or attempt to remove, obscure or alter any legal notices. We reserve the right to suspend, cancel, and/or remove an account without notice and without consent, and may stop providing or rendering Services if we are investigating or legal authorities are investigating any suspected misconduct. An investigation may occur or conclude at any time without notification or written notice being provided to the user. We reserve the right not to disclose any information obtained from an internal or external investigation. We reserve the right to withhold any information obtained or shared with legal authorities as well as notifications and/or findings.
Use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access through use of our Services. You may not use, duplicate or display content through our Services unless you obtain permission from its owner or such use, duplication or display is otherwise permitted by law. Moreover, these terms do not grant you the right to use any branding or logos in connection with our Services.
Our Services may display some content from third parties or affiliates that is not our content or created by us. Any such third party or affiliate content is the sole responsibility of the third party or affiliate. Under no circumstances are we responsible for third party or affiliate content, regardless of whether we review or authorize the display or use of such content.
Use of our Services requires compatible devices and Internet access. If and to the extent that you access our Services through a third party store or provider, the device on which you use the Services must meet the third party’s access requirements and usage rules. The Services may require periodic updates; and may be affected by the performance of external factors. High-speed Internet access is strongly recommended for regular use and is required for video. Meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
Many of our Services are available on mobile devices. Do not use such Services in a way that distracts you or prevents you from paying attention to other activities, such as obeying traffic or safety laws. By utilizing our Services you agree that we will not be liable for any costs, expenses or damages that may occur from your use of the Services. Specifically, and without limitation, any use of update and message notifications, comments, replies or other Services that generate sounds or vibrations are solely at your discretion. YOVO, YOVO’S SUPPLIERs, VENDORS AND AFFILIATES are not accountable or liable for any resulting losses, damages or incurred expenses.
You and Your Yovo Account
As a condition to your use of the Yovo app, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content Submission Rules
When using our Services to submit content, including but not limited to photos, videos, messages, and/or comments, you agree to the following rules:
- You will not share private information.
- You will not submit offensive or abusive content.
- Your content will be relevant to the Yovo story title.
- You will report any content that you feel is inappropriate for Yovo.
- Your content and/or your use of Services will be suspended if your content is repeatedly reported as inappropriate.
Privacy and Copyright Protection
Any use of our Services with illegitimate content may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
If you think someone is violating your copyrights and want to notify us, please email us at firstname.lastname@example.org.
Digital Millennium Copyright Act
If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide notice in accordance with the Digital Millennium Copyright Act (“DMCA”), to our Designated Copyright Agent, with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Yovo’s designated Copyright Agent to receive notifications of claimed infringement is: email@example.com
If we receive a DMCA notice, we may remove or disable access to the information that is allegedly infringing, and may give notice of the alleged infringement by means of a general notice on the Web Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you believe that your removed or disabled submission is not infringing, or that you have authorization to post and use the allegedly infringing content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located.
Some of our Services allow you to upload, submit, store, send or receive content. We do not obtain any rights to such content other than the non-exclusive license described below, and you retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give us (and our vendors) a worldwide non-exclusive license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new Services. This license continues even if you stop using our Services (for example, for content that you have authorized for viewing or use by other users of Services). You are responsible for assuring that you have the necessary rights to grant us this license for any content that you submit to our Services.
We reserve the right to remove your content without prior notice. We may also terminate your access to the Services if you violate these Terms of Service, or for any or no reason. We also reserve the right to decide whether your content is appropriate and complies with these Terms of Service. We may remove content and/or terminate your access for uploading, submitting, storing, sending or receiving material in violation of these Terms of Service at any time, without prior notice and at our sole discretion.
We may provide you with tools to report content that you believe is inappropriate or that fails to comply with these Terms of Service. We reserve the right to review and remove all reported content.
Contact Information and Unique Identifier
When you submit contact information such as an email address, telephone number or any other unique identifier, we reserve the right to contact you at any time without your consent for any reason including, but not limited to provision of updates, news, trends and any information we deem relevant. Users may unsubscribe by sending an email to firstname.lastname@example.org, after which we will not provide you with information, subject to possible delays resulting from the timing of updates.
Unsolicited Idea Submission Policy
Yovo and its affiliates do not solicit nor welcome ideas, suggestions, proposals, comments or materials (“Submissions”), so please do not submit any unsolicited Submissions in any form to Yovo.
If, despite knowing our policy, you make a Submission, then regardless of any terms you attempt to impose concerning your Submission, the following terms shall apply. You agree that:
- Yovo will consider the Submission to be non-confidential and non-proprietary.
- Yovo shall have no obligations concerning the Submission, including but not limited to, any obligation to return any materials or acknowledge receipt of any Submission.
- Yovo may use, redistribute, or disclose the Submission for any purpose and in any way, without any compensation to you or any third party.
About Software in our Services
When a Service requires or includes downloadable software that is owned by us, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or any included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
Some software used in our Services may be offered under an open source license that we will make available to you. In addition to adhering to these Terms of Service, you must also adhere to any applicable open source license terms.
Modifying and Terminating our Services
From time to time, we change and improve our Services. We may add or remove functionalities or features, and we may suspend or stop providing Services altogether. We may also add or create new limits to our Services at any time. We reserve the right to change, suspend, remove, or disable access to Services or content at any time without notice. In no event will we be liable for making such changes.
Our Services are premised on the belief and commitment that you should control access to your data. If we discontinue a Service, where reasonably possible, we will attempt to provide a reasonable advance notice.
Our Warranties and Disclaimers
We use our best efforts to provide our Services skillfully and professionally, but there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER YOVO NOR ITS SUPPLIERS, VENDORS OR FACILITATORS OF SERVICE MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME LAWS IMPOSE WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES AND DAMAGES.
Liability for our Services
YOVO, AND YOVO’S SUPPLIERS, VENDORS, AND FACILITATORS OF SERVICE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
YOVO, AND YOVO’S SUPPLIERS, VENDORS AND FACILITATORS OF SERVICE WILL NOT BE ACCOUNTABLE OR RESPONSIBLE IN ANY WAY FOR ANY DATA CHARGES OR PENALTIES INCURRED FROM UTILIZING OUR SERIVCES. THIS INCLUDES ALL DATA CHARGES FROM ANY CARRIERS REGARLESS OF HOW THE CHARGES, FEES OR PENALITIES WERE INCURRED. ALL CARRIER CHARGES INCLUDING SMS, MMS, INTERNET, WIFI AND ANY OTHER CHARGES, AND FEES INCURRED ARE SOLELY THE RESPONSIBILITY OF THE USER.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF YOVO FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. IN NO EVENT WILL ANY SUPPLIER, DISTRIBUTOR OR FACILITATOR OF SERVICE HAVE ANY LIABILITY TO YOU ARISING FROM OR RELATED TO THE SERVICES.
IN NO EVENT WILL YOVO BE RESPONSIBLE FOR FAILURE TO FULFILL ANY COMMITMENTS OR OBLIGATIONS DUE TO CAUSES BEYOND OYOV’S CONTROL.
About these Terms
We may modify these terms or any additional terms that apply to a Service at any time. You should look at the terms regularly, as we will post notice of modifications to these terms on this page. Changes will not apply retroactively, but will become effective immediately after posting. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms, policies or requirements that are conveyed with a Service, the additional terms, policies or requirements will control for that conflict.
These terms control the relationship between Yovo and you. They do not burden third parties, including but not limited to any third parties through whom our Services may be offered or provided. However, to the extent such third parties are suppliers, vendors or facilitators of Services, they are third party beneficiaries of these terms with the right to enforce these terms as third party beneficiaries. Failure to enforce these terms will not constitute a waiver of the terms, and we retain the right to enforce the terms in the future.
If a particular term is not enforceable, this will not affect any other terms, all of which will remain applicable and enforceable.
The laws of Texas, U.S.A., excluding Texas’ conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Collin County, Texas, USA, and you and Yovo consent to personal jurisdiction in those courts.