Welcome to Yotme, operated by Yotme, Inc.. By accessing or using any service provided by or through Yotme (the “Service”), whether or not you become a member or a subscriber of any Service, you agree to be legally bound by these Terms of Service (this “Agreement”). For purposes of this Agreement, you will be deemed to be accessing and using the Service whether such access is through the Yotme mobile application or third party mobile application (an “App”) or through the Yotme website (the “Website”). If you do not accept and agree to be bound by all of the terms of this Agreement, you may not use the App, Website, or Service. Please feel free to contact us if you have any questions regarding this Agreement. This Agreement shall become effective as of the date you first access or use the Service (the “Effective Date”).
1. Eligibility. Using the Service may be prohibited or restricted in certain countries, territories and jurisdictions. You may not access or use the Service in any location where such use would violate any laws, rules or governmental regulations. You must be at least 21 years of age to access and use the Service. By accessing and using the App or Website, you represent and warrant that you (i) have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, (ii) that you have never been convicted of a felony, (iii) that you are not required to register as a sex offender with any government entity and (iv) if you use the Service from outside of the United States, you are responsible for complying with the laws and regulations that apply in the location from which you access or use the Service.
3. Your Interactions with Other Members.
Yotme MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT Yotme CURRENTLY DOES NOT (I) CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS, (II) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR (III) REGULARLY ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. Yotme RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS (INCLUDING WITHOUT LIMITATION SEX OFFENDER REGISTER SEARCHES). Yotme MAY TERMINATE THE MEMBERSHIP OF ANY MEMBER IF IT BELIEVES IN ITS SOLE DISCRETION THAT SUCH MEMBER HAS OR MAY VIOLATE ANY OF THE TERMS AND/OR CONDITIONS OF THIS AGREEMENT.
Yotme IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER. IN NO EVENT SHALL Yotme, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP OR WEBSITE OR SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH THE SERVICE.
You agree to (i) review and follow Yotme’s Social Interaction Safety Advisories, if any, located on the App or Website, prior to using the Service and (ii) to take all necessary precautions when interacting with other Members, particularly if you decide to communicate off the App or Website, meet in person or if you decide to transact business with another Member.
4. Available Services. As a non-paying Member, you may access the App or Website (directly or through an App) and use some, but not all, of the features and services available within the Service. The features and services that may be available to you may be changed or eliminated at any time in Yotme’s sole and absolute discretion. Additional features and services, including the ability to communicate with other Members that are Subscribers, may be made available to you upon becoming a paying Subscriber to the Service. If you are not a Subscriber, you acknowledge and agree that you will not be able to use all the features and services available within the Service, including communicating with other Members. If you are a Subscriber, you acknowledge and agree that non-subscribing Members will not be able to use the Service to communicate with you, even if you are able to view that Member’s profile using the Service. A Member profile may remain posted on the App or Website even if that Member is not actively using the Service, but Yotme may remove any Member profile at any time in its sole and absolute discretion, with or without cause.
So long as you maintain a fully-paid subscription for the Services, Yotme will make the Services available to you pursuant to this Agreement on an as-available basis. The Services may be unavailable as a result of planned or emergency downtime and any unavailability caused by circumstances beyond Yotme’s reasonable control, including, including by way of example and without limitation, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay or denial of service attack. Yotme reserves the right at any time to modify or discontinue the Service or any part thereof, temporarily or permanently, with or without notice. You agree that Yotme shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Yotme reserves the right at any time in its sole discretion to block users, including without limitation users from certain IP addresses, from accessing the Service.
5. Subscription. Yotme offers services on a subscription fee basis according to the pricing and payment schedule available on the App or Website (the “Subscription Fees”). You agree to pay the Subscription Fees and any other charges incurred in connection with your User Account (including any and all applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.
Yotme bills all charges automatically to your credit card, PayPal account or other payment method that Yotme offers and you select. Each subscription term shall be for one month, which term shall automatically renew unless you terminate your subscription prior to the beginning of the end of the then-current term. All payments are due in advance of the subscription term. Subscription Fees will be billed beginning on or about the day of the month in which Yotme activates your User Account (the “Subscription Date”) and on or about the monthly anniversary of each Subscription Date thereafter for the Term of this Agreement and any renewal thereof until you cancel your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed after your then-current subscription term expires; however, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Unless Yotme otherwise agrees in writing, all fees and charges are nonrefundable. Yotme may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or payment method than one previously provided or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Services using your user name and password without your authorization, you must contact us immediately. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Yotme may in its discretion terminate your account immediately. If Yotme successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated. You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. By way of example and without limitation, the Services may include large video and/or image files. You are responsible for payment of any bandwidth, data, or subscription charges you may incur from a service provider while utilizing the Services.
6. Content Posted by You on the App or Website. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other Members, including emails, videos, images, photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post any Content that comprises a prohibited use of the Service (as set forth below). In addition, you may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the App or Website to be viewed by other Members may be viewed by any person visiting the App or Website or participating in the Service. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that Yotme may, but is not obligated to, monitor or review any Content you post on the App or Website or as part of a Service. Yotme may delete any Content, in whole or in part, that in the sole judgment of Yotme violates this Agreement or may harm the business or reputation of Yotme. Yotme may, in its sole and absolute discretion, restrict the number of emails which a Member may send to other Members through the Service.
By posting Content on the App or Website or as part of the Service, you automatically grant to Yotme, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Yotme will not infringe or violate the rights of any third party. You acknowledge and agree that you retain no moral rights in or to any Content.
Your use of the App, Website and Service, including all Content you post through the Service, must comply with all applicable laws, rules and governmental regulations. You agree that Yotme may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the App or Website in the future; or (v) protect the rights, property or personal safety of Yotme or any other person.
7. Limitation of Liability. You acknowledge and agree that Yotme, its shareholders, officers, directors, employees, representatives, advisors, partners or their respective affiliates are not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the App or Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the App or Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone or Internet networks or lines, computer systems or equipment, servers or providers, software, failure of email or the Services on account of technical problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to Members or to any other person’s computer or other hardware or software related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Yotme PROVIDES THE APP AND WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE APP AND WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Yotme DOES NOT REPRESENT OR WARRANT THAT THE APP OR WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE APP OR WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR APP OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, HARDWARE, SOFTWARE, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR APP OR WEBSITE.
8. Third Party Content. From time to time, Yotme may make third party opinions, advice, statements, offers, or other third party information or content available on the App or Website and/or through the Service. Such third party authors are solely responsible for such content. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Yotme DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE APP OR WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE APP OR WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL Yotme OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP OR WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the App or Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any financial, medical, legal, or other professional advice. If you have specific concerns or a situation arises in
which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. Yotme makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, and/or effect on any person following the information offered or provided within or through the App or Website or Service.
9. Term and Termination.
a. This Agreement will remain in full force and effect while you access and/or use the Service and/or are a Member.
b. You may change or cancel your membership and/or subscription at any time online by following the instructions on the Service. You may also cancel your membership by sending Yotme written notice of cancellation to Yotme or by email notice of cancellation. If you cancel your subscription, Yotme requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment.
c. Canceling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your subscription but not your membership, unless you elect to hide your profile, you will continue to be a Member in the Service and others may view your profile. If you hide your profile, other Members will not be able to view your profile until you “unhide” your profile. If you cancel your membership, your profile will be removed, and other Members will not be able to view your profile. You will be able to use your current registration information to “unhide” your profile and reactivate your membership for one year. A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions on the Service.
d. Yotme may terminate or suspend your subscription and/or membership in the Service at any time without notice if Yotme believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. Yotme is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
e. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
10. Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Yotme of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
11. Prohibited Activities. Yotme reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way Yotme regards as inappropriate or unlawful, including actions or communications the occur off the App or Website but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not: impersonate any person or entity; solicit money from any Members; post any Content that is prohibited by this Agreement; “stalk” or otherwise harass any person; ask or use Members to conceal the identity, source, or destination of any illegally gained money or products; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the App or Website, Service or its contents; collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App or Website; interfere with or disrupt or attempt to interfere with or disrupt the Service or the App or Website or the servers or networks connected to the Service or the App or the Website; email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App or Website or Service (either directly or indirectly through use of third party software); use meta tags or code or other devices containing any reference to Yotme, the App, Website or the Service (or any trademark, trade name or service mark of Yotme) to direct any person to any other website or for any other purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the App or Website or any software used on or for the Service or the App or Website, or cause or allow others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the App or Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement; Harass, abuse, or behave inappropriately (by way of example and without limitation, by being threatening, obscene, profane, racist, offensive or sexist) towards any other Member or any of Yotme’s employees, agents or representatives including without limitation its customer service representatives; “frame” or “mirror” any part of the Service or the App or Website, without Yotme’s prior written authorization; or express or imply that any statements you make are endorsed by Yotme without our specific prior written consent.
In addition, you may not post, upload, display or otherwise make available Content that: impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; advocates harassment or intimidation of another person; that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” or similar activities; requests money from, or is intended to otherwise deceive and/or defraud, other users of the App or Website or Service; promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses; contains viruses, time bombs, trojan horses, bots, worms or other harmful, or disruptive codes, components or devices; provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; or publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The App, Website and Service is for personal use only. Members may not use the App, Website and Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Yotme or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the App or Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the App or Website for any purpose. Yotme may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App or Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the App or Website. Yotme reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the App or Website or Service and terminating or suspending the membership of such violators.
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact Yotme and will terminate the accounts of infringers.
Proprietary Rights. Yotme or its licensors own and shall retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the Software, the Service and any modifications thereto. You agree not to use, copy or disclose, nor permit anyone else to use, copy or disclose the Software or Service for any purpose that is not specifically authorized under this Agreement. You have no rights to any source code for the Software. You may not cause or permit the disassembly, decompilation or reverse engineering of the Software or the Service or otherwise attempt to gain access to the source code to the Software.
Arbitration and Governing Law. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, the App or Website shall be binding arbitration, administered by the American Arbitration Association which proceedings shall be held in Newport, Rhode Island. The one exception to
the exclusivity of arbitration is that you have the right to bring an individual claim against Yotme in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Yotme any class action, class arbitration, or other representative action or proceeding.
BY ACCESSING OR USING THE APP, WEBSITE OR THE SERVICE IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BY OR BETWEEN YOU AND Yotme (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BEFORE THE ARBITRATOR.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Yotme (except for small-claims court actions) may be commenced only in the federal or state courts located in Rhode Island. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and Yotme, shall be governed by the laws of the State of Rhode Island without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by You. You agree to indemnify and hold harmless Yotme, its subsidiaries, and affiliates, and its and their officers, agents, partners, representatives and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the App or Website or as a result of your use of the Service and the violation of any laws, rules or regulations by you. Yotme reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Yotme in connection therewith.
Notice. Yotme may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the App or Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Recording of Customer Service Calls. Telephone calls between you and our customer service and other representatives may be recorded for quality assurance purposes. If Yotme feels that your behavior towards any of our customer service representatives or other employees is inappropriate at any time, you will be deemed to have breached this Agreement and we reserve the right to immediately terminate your membership.
Amendment. This Agreement is subject to change by Yotme at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the App or Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription (e.g. at the beginning of the next monthly subscription term) as contemplated by Section 5. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised terms of this Agreement.
Independent Parties. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Yotme in any manner.
Links. The App and Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Yotme is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the App, Website or Service, including payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Yotme shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Special State Terms. The following provisions apply only to Subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: You may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third (3rd) business day following the Effective Date, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you are canceling this Agreement, or words of similar effect. This notice shall be sent to: Yotme, Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, Yotme will return, within ten (10) days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three (3) day period, Yotme will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled such that you are unable to use the services of Yotme before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing Yotme notice at the same address as listed above.