YOL LLC Terms of Service
Last Revised: May 2024
Please read these Terms of Service (this “Agreement”) carefully. This Agreement is a legal contract between you (“User”, “you” or “your”) and YOL LLC (“YOL”, “we”, “our” or “us”), which sets out the terms and conditions that govern your use of our websites, including the websites located at www.experienceyol.com, and any related content, information, services, technology features or resources (collectively with the Sites, the “Services”). By accessing or using the Services or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
PLEASE NOTE THAT SECTION 11 OF PART I OF THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS AGREEMENT ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS A DISPUTE, SO PLEASE READ IT CAREFULLY.
Part I of this Agreement is for all Users of the Services (including, without limitation, content providers and purchasers of goods or services from YOL). Part II of this Agreement sets forth additional terms between you and YOL that apply to you if you upload, post, e-mail, transmit, or otherwise make Content available through the Services. Part III of this Agreement sets forth additional terms between you and YOL that apply to you if you are a purchaser of goods or services through the Services.
Please note that this Agreement is subject to change by YOL in its sole discretion at any time. When changes are made, we will make a new copy of this Agreement available on the Sites. We will also update the “Last Revised” date at the top of this Agreement. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement or notify you through other reasonable means. Any changes to this Agreement will be effective immediately for new Users and will be effective thirty (30) days after posting notice of such changes on the Sites for existing Users. Your continued use of the Services constitutes your acceptance of such changes. IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. Please regularly check the Sites to view the then-current Terms of Service.
In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services or otherwise made available to you from time to time, including, without limitation, our Privacy Policy located at https://experienceyol.com/privacy/ (the “Privacy Policy”). All such terms are hereby incorporated by reference into this Agreement.
Part I
Registration
Registering Your Account
To access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a User who has registered an account (“Account”).
Registration Data
In registering an Account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”) and maintain and promptly update the Registration Data accordingly. You represent that you are at least 18 years old (or the age of majority in your place of residence) and not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and not to share your Account or password with anyone. You further agree to notify YOL immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you have previously been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same YOL service at any given time. YOL reserves the right to remove or reclaim any usernames at any time and for any reason.
Your Account
Subject to rights in Your Content (defined below in Part II if you are a content provider), you acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of YOL.
Feedback
You acknowledge and agree that any ideas, suggestions, documents, and/or proposals related to the Services (“Feedback”) that you submit to YOL are non-confidential, and you represent and warrant that you have all rights necessary to submit the Feedback to YOL. You hereby grant to YOL the perpetual, irrevocable, worldwide, sublicensable, transferable right to copy, display, distribute, modify, disclose, and otherwise use the Feedback in any way at any time without any additional approval or compensation or attribution. You agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
Ownership of and License to Use the Services
Use of the Services
YOL and its licensors, partners, and suppliers own all rights, title, and interest in the Services (other than User Content, as defined below). The Services are protected by copyright and other intellectual property laws throughout the world. You agree to use the Services solely for your personal non-commercial purposes. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Services, use of the Services, or access to the Services. Any future release, update, or other addition to the Services shall be subject to this Agreement. YOL, its licensors, and suppliers reserve all rights not granted in this Agreement.
Trademarks
YOL’s stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of YOL and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on the Services, without our prior written permission in each instance.
Restrictions on Use of Services
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, transfer, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not enclose any trademark, logo, or Services (including content, page layout, or form) of YOL; (c) you shall not use any metatags or other “hidden text” using YOL’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not directly or indirectly “scrape” or download data from the Services (except if we have expressly granted such rights in writing); (f) you shall not access the Services to build a similar or competitive website, application, or service; (g) except as expressly stated herein, no part of the Services may be copied, distributed, or republished in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services. Any unauthorized use of the Services terminates the licenses granted by YOL pursuant to this Agreement.
Third-Party Links
The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. YOL does not control and is not responsible for Third-Party Links. YOL does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at your own risk.
Part II
User Content
License to User Content
By uploading, posting, e-mailing, transmitting, or otherwise making Content available through the Services (“User Content”), you grant YOL a perpetual, non-exclusive, transferable, sublicensable, worldwide, royalty-free, and fully paid-up license to use, reproduce, modify, distribute, display, and perform such User Content in connection with the Services and YOL’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under this Agreement.
Responsibility for User Content
You are solely responsible for all User Content that you upload, post, e-mail, transmit, or otherwise make available through the Services. You represent and warrant that you have all rights necessary to upload, post, e-mail, transmit, or otherwise make available User Content through the Services and that the use of such User Content as contemplated in this Agreement will not violate any law or infringe any rights of third parties, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You agree to pay all royalties, fees, and any other monies owing to any person by reason of any User Content you provide through the Services.
Prohibited Content
You agree not to upload, post, e-mail, transmit, or otherwise make available any User Content that: (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (d) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) 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; (f) interferes with or disrupts the Services or servers or networks connected to the Services, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Services; (g) intentionally or unintentionally violates any applicable local, state, national, or international law; (h) “stalks” or otherwise harasses another; or (i) collects or stores personal data about other users.
Enforcement of User Content
YOL reserves the right, but does not have the obligation, to monitor the User Content you post on the Services. We may remove any User Content that violates this Agreement or is otherwise objectionable in our sole discretion. We may also terminate your access to the Services if you violate this Agreement, infringe any intellectual property or other rights of third parties, or if we are unable to verify any information you provide to us. We reserve the right to remove User Content and terminate Accounts without prior notice.
Part III
Purchases of Goods and Services
Payment Terms
All fees for goods or services purchased through the Services are due and payable in advance. If payment is not received or if a credit card charge is denied or rejected, we reserve the right to cancel your order or suspend your access to the Services. We are not responsible for any delays in payment processing or for any fees or charges you incur in connection with such processing.
Refund Policy
Except as otherwise expressly provided by law, all sales of goods and services through the Services are final and non-refundable. If you believe you are entitled to a refund for any reason, please contact us at [email protected]. We reserve the right to determine, in our sole discretion, whether a refund is appropriate.
Shipping and Delivery
We will use commercially reasonable efforts to deliver goods purchased through the Services within the estimated delivery time provided at the time of purchase. However, we do not guarantee delivery times and are not responsible for any delays caused by shipping carriers or other factors beyond our control. Title to and risk of loss for goods pass to you upon our delivery to the carrier.
Product Descriptions
We attempt to provide accurate descriptions of the goods and services offered through the Services. However, we do not warrant that the descriptions are complete, reliable, current, or error-free. If a product or service offered through the Services is not as described, your sole remedy is to return the item in accordance with our return policy.
General
Indemnification
You agree to indemnify, defend, and hold harmless YOL, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of this Agreement, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity. YOL will notify you promptly of any such claim, loss, liability, or demand.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL YOL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOL'S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO YOL FOR THE GOODS OR SERVICES THAT GIVE RISE TO THE CLAIM.
Governing Law and Dispute Resolution
This Agreement and any disputes arising out of or related to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement or the Services shall be resolved exclusively through final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for any actual or threatened infringement of a party's intellectual property or other proprietary rights.
Miscellaneous
This Agreement constitutes the entire agreement between you and YOL with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of YOL, and any assignment or transfer in violation of this provision shall be null and void. YOL may assign or transfer its rights or obligations under this Agreement without restriction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Contact Information
If you have any questions about this Agreement or the Services, please contact us at [email protected].
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
