Terms of service.
These Terms of Use (the “Terms”) govern your (“you” or “your”) use of our current and future online and mobile websites, platforms, services, applications, and any affiliated sites and associated applications with the www.ohyanoe.com website (the “Site”) are collectively called the “Services.”, which are owned and operated by Oh Yanoe LLC. (“Company”, “we”, “us”, “our”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DON’T AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT EFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
User Accounts. You may be given an opportunity to register via an online registration to a create a user account that may allow you to receive information from us and/or to participate in certain features on the Services. If you are outside of the European Economic Area (“EEA”), children under 13 are not allowed to register or use the Services. If you are based in EEA you may only register or use the Services if you are at least 16 years of age. You also agree to provide true, accurate and complete registration information when you create a user account. When registering with the Services and using any of the services provided on the Site, you are responsible for maintain the confidentiality of your account and password and for restricting access to your computer, mobile device, tablet, or any other electronic device you use to access the Services and agree to accept responsibility for all activities that occur under your account and/or password.
Changes to Terms. We may modify the Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. The most recent version of the Terms will be posted on the Site and the most recent version shall supersede any and all other versions of these Terms. Your continued use of the Services following such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions. We also reserve the right to modify the content or access to any feature of the Site at any time.
Privacy. Your use of the Services is governed by Company’s Privacy Policy, which is incorporated herein.
Communication Preferences. If you register with us, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. Where applicable, you also consent to receiving other communications from us such as newsletters, special offers, announcements and surveys, which you may opt out of by clicking on the “unsubscribe” links contained therein.
Geographic Restrictions. You may not be able to access all or some of the Services outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws. 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Third Party Materials. The Services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.
Your Use of the Services. All of our content available through the Services, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Site and the Services that are provided by us is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You do not acquire ownership rights to any content viewed through the Services. If any of the content that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. The license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Our posting of content on the Site or any of other Services does not constitute a waiver of any right in such content. You may not use, store, display, publish, transmit, distribute, sell, license, copy, publicly perform or display, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by Company in connection with this Services. All other copying in any format or other unauthorized use of the Services may constitute a breach of copyright, trademark and/or other intellectual property laws and/or other international laws and may subject you to criminal or civil charges and penalties. Company reserves all other rights not expressly granted hereunder. In no event may the Services be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates these Terms. Company reserves the right, in its sole discretion, to terminate your user account.
Information and Press Releases. The Services may contain information and press releases in connection with its content. While this information was believed to be accurate as of the date prepared, Company disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Posted Content. The Services may contain social networking components and interactive features (including but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. Company may monitor content posted on any of the Services, but Company is under no obligation to do so. You may be exposed to content on the Services that is inaccurate or deceptive, or that you find offensive or objectionable.
Objectionable Material. You understand that by using and accessing the Services, you may encounter material that you may deem to be offensive or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Services at your sole risk and Company shall have no liability to you for material that may be found to be offensive or objectionable.
Content You Post.
Content you post via the Services may appear on other user’s devices. You are responsible for all content that you post through or download from the Services. You may not post content that:
is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
you know to be inaccurate;
is pornographic, sexually explicit, or obscene;
exploits children or minors;
violates the rights of privacy or publicity of any person;
is harassing, libelous, slanderous, or defamatory;
contains any personally identifying information about any person without their consent or about any person who is a minor;
may be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
is off topic;
is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
violates any local, state, federal, and/or international laws or regulations;
promotes or provides instructional information about illegal or illicit activities;
contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
is intended to overwhelm, cause technical disruptions of or denial of service to Company’s servers.
Company may remove any content that violates these Terms or that Company determines is otherwise not appropriate in Company’s sole discretion. Company may or may not exercise editorial control over content posted on the Site.
By posting or transmitting content on or through the Services, you:
represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Company and these Terms;
you certify that you are (a) at least 18 years old, or (b) if under 18 years old, then you have obtained your parent’s or legal guardian’s express consent to submit content;
agree to and do hereby grant Company and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Company a license to use your user name in connection with Company’s use of any content you provide to Company. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SERVICES, OR ANY OF THE CONTENT APPEARING ON THOSE SERVICES, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SERVICES. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SERVICES.
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICES AND CONTENT PROVIDED HEREUNDER OR OTHERWISE REGARDING THESE TERMS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THEIR PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Services, violation of these Terms or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.
Contact Information. Should you wish to contact us with any questions, complaints or claims with respect to the Services, you can email us here.
Third-Party Agreements and Additional Terms. You agree to comply with all applicable third-party terms of agreement when using the Services. There may be additional terms and conditions that apply to portions of the Services and to any purchases on such Services, including, without limitation, invitations, sweepstakes, contests and the like. All such additional terms and conditions shall be a part of these Terms and are incorporated by reference herein and you agree to be bound by such additional provisions. In the event of a conflict between these Terms and any additional terms and conditions applicable to any portion or offering on the Services, such additional terms and conditions with respect to that portion or offering shall control.
Governing Law. These Terms are governed exclusively by the laws of the State of California, without giving effect to its conflict of law rules. These Terms are not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of these Terms is Los Angeles, California, USA. You consent to the exclusive venue and personal and subject matter jurisdiction in the courts of Los Angeles County, California and the District Court in Los Angeles County, California.
Waiver/Severability. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is for any reason held unenforceable or invalid, then these Terms shall be construed as if such provision was not contained in these Terms.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Entire Agreement; Modifications. These Terms comprise the entire agreement between you and Company, and supersede any other agreement or discussion, oral or written, with respect to the subject matter of these Terms. There shall be no application of any rule of construction against the drafter as you have had an opportunity to have these Terms reviewed by your counsel.
Intellectual Property Rights Policy; DMCA Notification
We respect the rights of intellectual property holders. If you believe that any content on the Services violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services (including the exact URL);
an address, a telephone number, and an e-mail address where we can contact you;
a statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information by mail to Oh Yanoe LLC. at Los Angeles, CA or email us here.
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Services more than twice.
© Oh Yanoe LLC. All rights reserved. Ryan “Yanoe” Sarfati and Oh Yanoe are registered trademarks of Oh Yanoe LLC.