Hi, this is Yoome!
We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. By using the Services, you agree to the Terms.
The following Terms of Service outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the App or the Service or through your ability to sell products on the App and generate User Contributed Content (as defined herein).
The App and the Service are owned and operated by Yoome (“we,” or “us”) and are accessed by you under the Terms of Use described herein (“Terms of Use” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
No one under 18 is allowed to create an account or use the Services.
By using the Services, you state that:
- You can form a binding contract with Yoome;
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Our aim is to give people the opportunity and ability to connect with others around the world with real time connections and meaningful conversations. To support this aim we provide Products, (Apps and Services) as described below.
Enable you to connect and communicate with people and friends effectively. We help you connect and find people and friends across our platforms. We use the data we have to help make personalised relevant and meaningful connections and conversations. We use and have developed technologies and designed our systems so that your experience is consistent and seamless to help you connect and share, through live video, chat, text, sharing photos, interests, music, videos and conversation.
Your Use of your Device
2.1 You warrant that you own the Device to which you are downloading the App, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Products will do so in accordance with these Terms.
New Versions of the App
2.2 We can choose to add additional features or functions, or to modify the Products in any other way, for instance to improve performance, enhance functionality, address changes to the operating system or address security issues.
2.3 You may have to agree to a renewed version of the Terms in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the App.
2.4 You acknowledge that we may automatically issue any additional features, functions, modifications, updates or upgraded versions of the App and, accordingly, may modify, update or upgrade the version of the App that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
2.5 We have no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the App or any of the Services.
Prevention of Unauthorized Use
2.6 We reserve the right to exercise whatever lawful means it deems necessary to prevent the unauthorized use of the App or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier or device manufacturer regarding such unauthorized use. If any personal data is processed for this purpose, this shall be in accordance with our Privacy Policy.
All title, ownership and intellectual property rights in and to the Services, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Digital Item (as defined below), and any part thereof, including derivative works, of Yoome and other companies providing services to Yoome, are the property of Yoome or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Yoome or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.
You may choose to, or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services ("Feedback"). You understand that your Feedback is gratuitous and unsolicited, and will not place Yoome under any fiduciary or other obligation.
By submitting any Feedback, you represent and warrant that: (a) you have the right to disclose the Feedback; (b) the Feedback does not violate the rights of any other person or entity; and (c) your Feedback does not contain the confidential or proprietary information of any third party.
By sending us any Feedback, you further: (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (b) acknowledge that we may have something similar to the Feedback already under consideration or in development; (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (d) irrevocably waive, and cause to be waived, against Yoome any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your account or the Services.
Prohibited behaviour
4.1 You may not:
use the Products for any illegal or unauthorized purpose;
use the Products in any manner which could damage, disable, overburden or impair the App or any of the Services;
use the Products to transmit worms, viruses or any code of a destructive or malicious nature;
display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed by us to be hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that exhibits physical violence or encourages conduct that would be considered a criminal offense or bring forth civil liability;
attempt to hack, destabilize or adapt our website, the App (or its source code) or any of the Services, or to falsely imply that another website, app or service is affiliated with our Products; or
use or access the Products by any means other than through the interface provided or as required by us.
Your Content – be careful with what you share
4.2 You are solely responsible for any Content that you transmit or display through the App or Services.
4.3 When you transmit or display Content through the App or Services, you grant us an unconditional, non-exclusive, royalty-free worldwide license to use, reproduce, transmit, publish, display, distribute or otherwise use this Content in the context of the App, the Services and promotion of the Products. You may revoke this license by deleting the Content from the App or Services. This does not affect any use of the Content by us prior to the revocation.
4.4 You may not display any personal contact or banking information on your individual profile page, or anywhere else on the App or Service, whether in relation to you or any other person (for example: home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, you acknowledge that you do so at your own risk.
4.5 If you share Content that is protected by intellectual property rights, you represent and warrant that you are the creator and owner of or have the necessary rights to transmit, display, perform or adapt the Content and you agree to pay for all royalties, fees, and any other monies owed to any person by reason of any of your Content.
Other Users' Content
4.6 Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Yoome to the best of our resources and abilities will review all content that appears on the Services and to remove any content that violates these Terms, we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we may not have the ability and resource to review every single piece of content on the Services, we cannot guarantee that content on the Services will always conform to our Terms.
Yoome makes available paid Services. Yoome does not receive or process payments or credit card information directly. You may purchase Paid Services through an App Store or Google Play account(a " Third Party Account "). If you purchase any Paid Services through the Third Party Account, the Fees for these Paid Services will appear through your Third Party Account. Please note that Yoome does not control Third Party Account terms and conditions so please review these carefully.
Any and all payments made to Yoome for use and access to the Services are final and all charges are nonrefundable.
To the maximum extent permitted by applicable law, in no event shall the Yoome Parties be liable to you or any third party for: (a) Any special, direct, indirect, incidental, punitive, exemplary, or consequential damages, including lost profits, data, goodwill, legal fees, expert fees, substitute service costs, lost opportunities, or other expenses, arising from Service reliance or usage; (b) Third-party conduct, including other user actions or external site operators.
You agree to release, discharge, defend, indemnify, and hold Yoome and its affiliates, subsidiaries, directors, officers, agents, contractors, partners, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from:
However, in no event shall the aggregate liability of the Yoome Parties exceed the amount you paid to Yoome for any products or services purchased from Yoome on any of the services during the six (6) month period immediately preceding any claim. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Yoome Parties will be limited to the maximum extent possible under applicable law.
You and Yoome agree that any cause of action arising out of or related to any of the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Termination by You
7.1 You may terminate your use of the App and or Services at any time by deleting your account.
Termination by us
7.2 Without limiting any other remedies, we may limit, suspend, discontinue or terminate these Terms, your account and/or your use of all or any part of the App and/or Services, with immediate effect, automatically, with or without notice, if we believe that you are or may be:
in breach of any of the terms of these Terms;
causing, or threatening to cause us to incur any legal liabilities (actual or potential);
delinquent with respect to any charges due for a Premium Service and/or any paid Content and items;
infringing a third party’s intellectual property rights or personal rights or performing any forbidden activity; or engaging in prohibited behaviours, including but not limited to child abuse, prostitution, pornography, discrimination based on age, sex, gender, ethnicity, nationality, profession, political stance, religion, scamming, consumption of illegal drugs or substances.
Consequences of termination
6.3 In case of termination of your account by you or by us, for whatever reason, your license to use the Service will immediately end and any Premium Service you may have subscribed to will also end and any paid Content you may have in your account will be deleted. After termination of your account, you will not be entitled to a refund for any paid Content or Premium Services that were connected to your account prior to termination.
6.4 If you have subscribed to any Premium Service and/or any paid Content, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with such Premium Service and/or paid Content.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
If you have any questions about These Terms or the Services, please contact us at: service@yoome.online.