Yaya Technologies Inc and its subsidiaries and affiliates (“Yaya” “we,” or “use,”>”) require that all users of the Yaya mobile application (the “App”) and any related services operated by Yaya (collectively, the “Service”) adhere to the following terms and conditions of use (the “Terms”).
We may update these Terms from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the App. All such updates and amendments are effective immediately upon notice thereof, which we will provide via email whenever reasonably possible. YOUR CONTINUED USE OF THE SERVICE SIGNIFIES YOUR CONTINUING CONSENT TO BE BOUND BY THESE TERMS AS REVISED.
We also expressly reserve the right to make any changes that we deem appropriate from time to time to the App or to any information, text, data, databases, graphics, images, features, services, and other materials within the App (all such materials, and any compilation, collection, or arrangement thereof, the “Content”), including the suspension or removal of any Content, at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Content. We may also impose limits on the use of or access to certain Content for any reason and without notice or liability.
(b)If you choose to access this App from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with any applicable local laws. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. See also Section 17 below regarding controlling law.
(c)You may not access, use, or copy any portion of the App or of any Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the App or any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy (except as expressly permitted by this license and the Usage Rules), sell, resell, lease, lend, sublicense or exploit for any commercial purpose any portion of the App, the Service or any Content or any access to or use of the App, the Service or any Content. You may not distribute or make the App, the Service or any Content available over a network where it could be used by multiple devices at the same time. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, the Service or any Content, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of the rights of Yaya and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
(d) You represent and agree that all information that you provide to us in connection with your access to and use of the App or the Service is true, accurate, and complete to the best of your knowledge and belief.
The App may include hyperlinks to other websites that are not maintained by us. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by us of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our App and Service. If you decide to access any external website through a link within our App, you do so entirely at your own risk, and we will have no liability for any loss or damage arising from your access or use of any external website. Since we are not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the App are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Website, including payment for and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. We prohibit registration of Accounts by children under the age of 18 for the Service. We will not knowingly collect personally identifiable information from children under 18.
By agreeing to these Terms, you agree to abide by any such restrictions, and not to help anyone avoid these restrictions. In particular, you agree to restrict use of the Service or the App by minors, and to deny access to children under the age of 18. You also agree to accept full responsibility for any unauthorized use of the Service or the App by minors. You are responsible for any use of your credit card or other payment instrument by minors.
(b)You also agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App and the Service. We may also use this information to improve our products or to provide services or technologies to you.
When you use the App or the Service, submit information to the App or the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices through the App or the Service or sending you messages through the App or the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the App and the Service. You acknowledge and agree that the App and the Service constitute valuable intellectual property and proprietary information of Yaya or its licensors and content providers that is protected by applicable laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the App or the Service. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Yaya or its licensors.
If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to us at [email protected]: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
In connection with your access and use of the App or the Service and that of any person authorized by you to access and use the App or the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the App or the Service, neither you nor the Company may cause or permit any person to do any of the following:
(a)use the App, the Service or any Content for any unlawful purpose;
(b)use the App or the Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(c)impose an unreasonably or disproportionately large load on the App or the Service or otherwise interfere with or inhibit any other user of the App or the Service from using or enjoying the App or the Service;
(d)use the App or the Service to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
(e)use the App or the Service to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
(f)use the App or the Service to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication;
(g)violate any code of conduct or other guidelines which may be applicable for any particular feature of the App or the Service; or
(h)create a false identity for the purpose of misleading others.
Violation of any of these Terms may result in termination of your Account and access to the App and the Service at any time without notice. We retain the right to determine, in our sole discretion, what further action may be taken in the event of any discovered or reported violation of this Agreement.
Yaya takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the App and the Service. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the App and the Service. You agree to notify us immediately if you discover loss or access to such information by another party not under your control and supervision. Yaya will not be liable for any loss or damage arising from the unauthorized use of your username or password.
(a)YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE APP IS AT YOUR SOLE RISK. THE APP, THE SERVICE, ALL CONTENT AND ACCESS TO THE APP AND THE SERVICE, AND ALL THIRD-PARTY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. YAYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) WARRANTIES THAT THE SERVICE, APP, CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP WILL MEET YOUR REQUIREMENTS; (b) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICE, APP, CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP; (c) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (d) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR ACCESSED THROUGH THE SERVICE OR APP; (e) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, APP OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP; (f) WARRANTIES THAT YOUR USE OF THE SERVICE, APP, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP WILL BE SECURE OR UNINTERRUPTED; AND (g) WARRANTIES THAT THE SERVICE, APP, CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP WILL BE ERROR-FREE OR THAT ERRORS IN THE SERVICE, APP, CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP WILL BE CORRECTED. YAYA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO DELIVER ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAYA OR THROUGH OR FROM THE SERVICE OR APP, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR APP, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
(b)APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(a)In no event will Yaya, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the App, the Service or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the App or the Service or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
(b)Under no circumstances will Yaya or our Representatives be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the App, the Service or the Content, or the transmission of information to or from the App or the Service over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of YaYa and the Representatives will be limited in accordance with these Terms to the extent permitted by law.
(c)Without limiting any of the foregoing, if Yaya or any of its Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the App, the Service, or your use of the Service, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend, indemnify and hold harmless Yaya, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the App or the Service; (b) your access to and use of the Content, the App, the Service, and other materials, products, and services available on or through the App or the Service and Yaya; (c) your violation of these Terms; (d) your violation of any rights of any third party; and (e) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
YOU FULLY AND FOREVER WAIVE, RELEASES AND DISCHARGE YAYA AND EACH OF ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, RIGHTS OF ACTION OR CAUSES OF ACTION, PRESENT OR FUTURE, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF YOUR USE OF THE APP, THE SERVICE OR ANY CONTENT.
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
These Terms will be construed and enforced in accordance with the laws of the State of California (United States of America), without regard to the conflicts of law provisions thereof. By agreeing to the terms and conditions hereof, and by using the App or the Service, you agree to submit to the personal jurisdiction of California, and hereby waive any right not based under such law that you might otherwise bring. .
You expressly agree that any claim or controversy arising out of or related to these Terns, the App, the Service, or the Content shall be settled by binding arbitration to be held in the Northern District of California, before a single arbitrator, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Each party shall bear its own costs relating to such arbitration, and the parties shall equally share the arbitrator’s fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California for the enforcement of this arbitration agreement and of any such award. The foregoing shall not preclude Yaya from seeking any injunctive relief in any court of competent jurisdiction for protection of Yaya’s intellectual property rights.
(b)Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(c)Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Service.
(d)Except as set forth in Section 19(viii), nothing in these Terms, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
(e)We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
(f)Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(g)If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
(h)Possible evidence of use of the App or the Service for illegal purposes will be provided to law enforcement authorities.
(i)Discontinuation of use of the App or the Service is your sole right and remedy for any dissatisfaction with the App, the Service or any of the Content.
You acknowledge and agree that (i) these Terms are concluded between you and Yaya, and not Apple, Inc. (“Apple”); (ii) Yaya and its licensors, and not Apple, are solely responsible for the Service and the Content; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App; (iv) in the event of any failure of the App or the Service to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (vi) Apple is not responsible for any claims that you have arising out of your use of the App; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the App infringes such third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these Terms against you. You represent and warrant that: (a) 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 support” country; and (b) you are not listed on any U.S. Government list prohibited or restricted parties.
Please contact us with any questions regarding the App, the Service or these Terms at [email protected].