Effective Date: 1st February 2019
Yoboho New Media Inc (“Yoboho”) is a content creator. Yoboho is the owner and operator of the website and appHooplakidzand disseminates content through the said website and/or its app (“Services”).
This is a contract between you (“You”) and Yoboho and/or its affiliates. These terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements. You agree that by registering, accessing or using Services, you are agreeing to enter into a legally binding contract with Yoboho. Use of Services is available only to persons who can form a legally binding contract and for persons who are 18 years of age or older.
Yoboho may amend these terms at Yoboho’s sole discretion and make best efforts to notify You when major changes are made. Your continued use of Yoboho Services following the posting of changes and/or modifications will constitute Your acceptance of the revised terms.
Security
The security, integrity and confidentiality of Your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect Your information from unauthorized access, disclosure, use and modification.
Electronic Communications
When You use any Yoboho Services, 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, SMS, phone call or by posting notices on this site or through the other Yoboho Services.
Intellectual Property
The Yoboho Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Yoboho Services are owned by us or our licensors or licensees or any affiliate companies. You agree that Yoboho owns all rights to the code, databases, visual-design and layout of the Service. Except as we specifically agree in writing, no element of the Yoboho Services may be used or exploited in any way other than as part of the Yoboho Services offered to You. We retain full and complete ownership of the Yoboho Services and all the intellectual property rights vested therein. We do not transfer title to any portion of the Yoboho Services to You. Nothing provided by any brand owned or licensed by Yoboho should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on Yoboho Services without the written permission of Yoboho.
Contentand Software License
Yoboho claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
If Yoboho Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal use only.
You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Yoboho Services to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Yoboho.
You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Yoboho Service; decompile, reverse engineer, disassemble or otherwise reduce any Yoboho Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Yoboho Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the Yoboho Services, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements.
Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Yoboho, is responsible for all electronic communications and content sent from Your computer to us and You must use the website for lawful purposes only. You are responsible for all Content posted and activity that occurs under your name on the Service. You must not use the website for any of the following:
- i. for or fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
- ii. to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person;or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
- iii. to cause annoyance, inconvenience or needless anxiety.
- iv. Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person).
- v. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Yoboho Services or otherwise copy profiles and other data from the Yoboho Services
- vi. Override any security feature or bypass or circumvent any access controls or use limits of the Yoboho Services (such as caps on keyword searches or profile views).
- vii. Copy, use, disclose or distribute any information obtained from the Yoboho Services, whether directly or through third parties (such as search engines), without the consent of Yoboho.
- viii. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer).
- ix. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Yoboho Services or related data or access to the same, without Yoboho’s consent.
- x. Use bots or other automated methods to access the Yoboho Services, add or download contacts, send or redirect messages.
- xi. Monitor the Yoboho Services’ availability, performance or functionality for any competitive purpose.
- xii. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Yoboho Services.
- xiii. introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Yoboho Service or connected network, or interfere with any person or entity’s use or enjoyment of any Yoboho Service.
- xiv. not to access, monitor or copy any element of the Yoboho Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
- xv. not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Yoboho servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- xvi. Overlay or otherwise modify the Yoboho Services or their appearance (such as by inserting elements into the Yoboho Services or removing, covering, or obscuring an advertisement included on the Yoboho Services).
Disclaimersand Limitation on Liability
THE YOBOHO SERVICES AND THE INFORMATION PROVIDED THERE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
YOBOHO ADVISES USERS TO CHECK WITH EXPERTS BEFORE TAKING ANY DECISIONS BASIS THE VIEWS AND INFORMATION PROVIDED ON THE SERVICES.
YOBOHO IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR REPRESENTATIONS ON ANY OF OUR PAGES OR ON ANY LINKS ON ANY OF OUR PAGES. YOBOHO ESPECIALLY STATES THAT IT HAS NO LIABILITY WHATSOEVER TO ANY USER ON ACCOUNT OF THE USE OF INFORMATION PROVIDED ON ITS WEBSITE. MEER PLEASE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING ANY ALLIANCE OR PRIOR TO TAKING ANY ACTIONS ON SUCH STEPS.
WE ENCOURAGE ALL USERS TO USE THE INFORMATION ON THE SITE AS A RESOURCE ONLY TO FURTHER THEIR OWN RESEARCH ON ALL FEATURED SUBJECT MATTER AND INFORMATION PROVIDED ON THE SITE. NOTHING PUBLISHED ON THIS SITE SHOULD BE CONSIDERED AS ADVICE.
IF YOU ARE DISSATISFIED WITH YOBOHO SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING YOBOHO SERVICES.
Third-Party Services and Content
Yoboho Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If You access a Yoboho Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, they shall be a third-party to this contract. However, these third-parties are not a party to this contract and are not responsible for the provision or support of the Yoboho Services. You agree that Your access to the Yoboho Services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.
Your Content
User Generated Content
The Yoboho Services allow You to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”). You may not submit or upload User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
You represent and warrant that Your User Generated Content conforms to these terms and that You own or have the necessary rights and permissions. Yoboho reserves the right to decide whether the User Generated Content or any other content violates this Terms of Use.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Yoboho Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You.
Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our website.
Choice of Law
You waive any claims that You might have against Yoboho based on any other jurisdiction including your own, except for the jurisdiction in which Yoboho New Media Inc is incorporated in.
Access to the website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Yoboho without restriction.
Force Majeure
Yoboho’s performance of its obligations under this Contract will be suspended for so long as Yoboho is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of Yoboho and which events could not have been reasonably foreseen or anticipated by Yoboho upon the exercise of due care and diligence, including but not limited to Yoboho Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Yoboho), failure of technical facilities.
If you have any questions regarding this Terms of Service please contact us at hitendra@yoboho.com.
