last updated January 4, 2021
These Terms & Conditions (“Terms”) govern the use of mindfulness, relaxation and wellness content, services and products (collectively referred to herein as “Service” or “Services”) located at yoursapp.com (the “Website) and through our mobile device application (the “App”). The Website and App is operated by Yours International Limited (“Yours”) (registration number 12773465), based at Suite 1, 3rd Floor 11-12 St. James’s Square, SW1Y 4LB, London, United Kingdom. Terms apply regardless of the environment in which Yours Services are used, the geographic location of such use and the technical means employed (“Device”) thereof (including but not limited to computers, smart phones and tablets). The terms “Us”, “We”, “Our” and “Yours” refer to Yours. The terms “You” and “Your” refers to the user (“User”) of the Services. Please read these Terms & Conditions, carefully before using Our Services from our Website or third party App providers (“App Provider”) (for example but not limited to the Apple App Store, the Android Play Store, Huawei Store, App Gallery, Amazon, etc.).
Agreement to Terms
By using Our Services, You agree to be bound by these Terms & Conditions and all applicable laws, rules and regulations. If You do not agree to be bound by these Terms, do not use the Services. Terms & Conditions (as amended time from time) constitutes the entire agreement between the You and Yours and supersedes all prior agreements and understandings.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that use of the Services is subject to our Privacy Policy.
Changes to Terms & Conditions
Yours reserves the right, in its sole discretion, to change, add or remove any part of these Terms & Conditions or any other of Our policies or practices at any time. If We do so, we will inform You of the changes whether by posting the modified Terms on the Website, App or through other communications. It is very important that You review these Terms & Conditions after each modification, because if You continue to use the Services after we have posted modified Terms & Conditions it indicates to Us that You agree to be bound by the modified Terms. If You do not agree to be bound by modified Terms & Conditions, then You may not use the Services anymore. Because Our services are constantly evolving over time We may change or discontinue all or any part of the Services, at any time and without notice, at Our sole discretion.
Arbitration Notice and Class Action Waiver
Please note that except for the certain types of disputes described in the Arbitration (“Arbitration”) clause below, You agree that disputes by You and Yours, related to these Terms & Conditions or use of Services You can purchase via our Services, or any payment You have made, or any information You have provided will be resolved by binding, individual arbitration and You are waiving your right to a trial, or to participate as a plaintiff or class member in any purported class action lawsuit or class-wide arbitration or representative proceeding.
Who may Use the Services?
You may use the Services only if You are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Website or from App Providers, You must be 18 years or older and capable of forming a binding contract.
Commencement
These Terms & Conditions shall be effective between Yours and You as of the moment when You access, view or listen to any Part of the Services, sign up with an e-mail or social media account, obtain an account, make a purchase (“Purchase”) or agree or are deemed to have agreed to the Terms & Conditions, whichever occurs first.
Registration and Your Information
In order to use Yours and the Services, You need to create a user account (“Account“). This can be done via the Website, the App, through a third party landing page or through a third party social networking services such as Facebook or Google. If You choose a social networking service (“SNS”) account option We will create Your Account by extracting from Your SNS Account certain personal information such as Your name and email address and other personal information which You agree to provide under these Terms & Conditions and Yours Privacy Policy.
You are fully responsible for the activity that occurs under Your Account, whether or not you know about them. You agree that You will not disclose Your Account password to anyone and You must notify us immediately of any breach of security relating to or unauthorized use of Your Account.
We shall not be responsible for any loss, damage or other consequences that may result from any use of Your Account or authentication token.
We may monitor Your account for customer support purposes and in cases when it is needed to provide chosen Services. We, in our sole discretion, can close, disable or restrict access to any Account.
Using the Services
Using Services, Users by listening, watching or reading can find different content (“Content”) and can select from a variety of options to create a customized mindfulness, relaxation and wellness experience. The free trial provides access to limited Content. A paid subscription (“Subscription”) provides access to the full catalogue of content.
You can use services only personally and You may not provide access to Your Account to any other person.
You may access the Content and Services via any supported web browser or Yours mobile App. You may not modify Yours software.
You must have the Device for using the Services. Your Device must satisfy certain system requirements which can be found on the Website and the Google and Apple App market places. You acknowledge that using the Services requires You to have an internet connection with sufficient speed and bandwidth. You acknowledge and agree that above mentioned technical requirements, which might change from time to time, are Your sole responsibility, and refunds will not be made because of Device incompatibility.
You cannot use the Services performing other tasks requiring attention.
Medical Disclaimer
Yours is not a healthcare or medical device provider, nor should Yours Services be considered medical advice. While there is third party evidence from research that music, literature, meditations, yoga, physical exercises can assist and provide benefit, Yours makes no claims, representations or guarantees that the Services provide physical or therapeutic benefit. Only Your physician or other health care provider can do that. Any advice or other material in the Services is intended for general information purposes only. They are not intending to be relied upon and not a suitable professional medical advice based on Your individual condition or circumstances.
You understand and agree that the Services and any other information You learn from Yours are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of Your health, or to be a substitute for professional medical care. You understand and agree that you are solely responsible for Your use of the Services.
Purchases
Fees & Subscriptions
Yours offers paid (“Paid”) Services and Products, including but not limited to a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions and Products are available via the Services. You may pay for Subscription via App Provider or Website. By subscribing, purchasing, ordering (making a “Transaction”) You (“Customer”, “User”, “Subscriber”) shall be deemed to have agreed to and accept liability for the payment of all fees and other charges associated with applicable Paid Service, and consented to such fees and charges being calculated, billed, revised and adjusted according to the rules provider (“Provider”) has established for that Paid Service. The same applies where the Customer permits or causes itself to be designated as the payer for someone else’s Paid Service. The amounts due and payable by You for a Transaction will be presented to You before You place Your order. All Transactions are handled by a third party payment gateway (“Payment processor”) and You initiating a purchase of Paid Services and Products agree to pay for the Products and/or Services, to pay any applicable fees and any taxes, to bear any additional charges that Your App Provider, bank or any other financial service provider may levy on You. When You make a Transaction, You may be asked to supply additional information relevant to Your Transaction, such as credit card number, the expiration date of Your credit card and Your address(es) for billing and delivery (“Payment information”). Yours is not responsible for processing Your payment and shall not be liable for any matter in connection therewith. You will receive confirmation email after the Transaction is confirmed. You further agree that the third party payment Processor may store and keep a cookie or a token on Your Device for facilitating a recurring payment or an auto-renewal. All payment and purchases are non-refundable and non-transferable except as expressly provided in these Terms & Conditions.
If You have any concerns or objections regarding charges, You agree to raise them with Us first and You agree not to cancel and reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Yours.
Yours reserves the right to not process or to cancel Your order in certain circumstances, in Yours sole discretion. Yours deems appropriate in its sole discretion, to take steps to verify Your identity in connection with Your order. You may need to provide additional information to verify Your identity before completing the Transaction.
Yours may change the fees, rates and the billing cycle applicable to the Services without notice. If You do not agree with the respective change(s), Your sole and exclusive remedy shall be to unsubscribe and cancel any Services (free or Paid). If You remain subscribed to the Services after any such change(s), You shall be deemed to have a granted consent to the respective change(s).
You must cancel Your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If You purchase Your Subscription via an App Provider, You can cancel Your Subscription at any time with the App Provider. If you purchased Your Subscription via the Website, You can cancel the renewal of Your Subscription via the Website or by contacting Us by email at [email protected]. You will not receive a refund for fees already Paid for Your current Subscription period and for the Services ordered until the end of Your current Subscription period.
We may suspend or terminate Your use of the Services as a result of Your fraud or breach of any obligation under these Terms & Conditions. Such termination or suspension may be immediate and without notice. A breach of these Terms & Conditions, includes without limitation, the unauthorized copying or downloading of Our Content from the Services.
Yours makes no warranties or representations as to the expected lifetime of the Services and in purchasing a paid Service (including all Lifetime options), You acknowledge and agree that the Services could change or terminate in the future.
Promotion And Discount Codes
Yours at its sole discretion can issue promotion (“Promotion”) and discount (“Discount”) codes to new users and implement charitable activities by supporting the ones in need of free use of the Services. Previous Users or trial Users of the Services do not qualify as new Users. Promotion and Discount codes issued to Users, implementing charitable activities may be renewed at Yours sole discretion. Unless otherwise set forth in the terms of any Promotion, all pricing promotions or discounts will apply to the initial period of the Subscription, and renewals will be charged at the rate in effect at the time of renewal for the type of Subscription purchased.
Gifting
Gift Subscriptions or Gift cards are pre-paid Subscriptions to the Services (“Gifts”). A person who purchases Gifts is referred to in these Terms & Conditions as the “Giftor”. A person who receives and redeems a Gift Subscription to the Services is referred to in these Terms & Conditions as the “Recipient”. Gift Subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an order confirmation and receipt. Gifting codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trials. Please note that the Gifting codes cannot be redeemed if the Recipient has already purchased a Subscription through the App Providers (like Apple iTunes Store, Google Play and others). We will automatically bill the payment method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Yours is not responsible if a Gift Subscription is lost, stolen or used without permission. Yours will inform the Recipient prior to the end of Gift Subscription that the Gift period is about to expire.
Content And Content Rights
Subject to these Terms & Conditions Content means music, soundtracks, audio, video, audio-visual, text, graphics, images, software, works of authorship of any kind, and information or other materials that are inserted, posted, generated provided or otherwise made available through the Services, including User content (“User Content”) when User provides it making available through the Services.
Content Ownership
Yours and its licensors exclusively own all rights, titles and interests to the Services, Products and Content, including all associated property rights. You acknowledge that the Services, Products and Content are protected by copyright, trademark, and other laws in the UK and worldwide. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Products or Content.
Rights in User Content Granted by You
By making any User Content available through Services You hereby grant to Yours a non-exclusive, transferrable, sublicensable, worldwide, royalty-free licence to use, copy, modify, make derivations, distribute, making available to the public, publicly perform and distribute Your User Content in the connection with operating and providing the Services and Content to You and to other Users.
Rights in Content Granted by Yours
The rights to access the Services, Products and Content are licensed to You and are not being sold to You, and You have no rights in them other than to use them in accordance with these Terms & Conditions. Yours grants You a limited, non-exclusive, non-transferrable, non-sublicensable and revocable licence to access the Services, Products and Content for personal and non-commercial use.
Rights and Terms for Apps
Subject to Your compliance with These Terms & Conditions, Yours grants you a non-exclusive, non-transferrable, non-sublicensable licence to download and install a copy of the App on Your Device (mobile device, tablet or computer) that You own or control and to run such a copy of the App solely for Your personal non-commercial use. Yours reserves all rights in and to the App not expressly granted to You under these Terms & Conditions. You may not copy, modify or create derivative works based on the App; distribute, transfer, sublicense, lease, lend or rent the App to any third party; reverse engineer, decompile or disassemble the App; or make the functionality of the App available to multiple users through any means. You must also comply with all applicable third party (App provider, payment processor) terms of service when using the App and may be subject to additional terms and conditions.
When Services were purchased/ordered via App provider these Terms & Conditions are between You and Us, and Yours, is solely responsible for the App. The App Provider is not responsible for addressing any claims You have or any claims of any third party and has no obligation to furnish any maintenance and provide support services with respect to the App. In the event of any failure of the App to conform any applicable warranty, You may notify the App Provider and the App Provider will refund the purchase price for the App to You (if applicable and, to the maximum extent permitted by applicable law), the App provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform any warranty will be the sole responsibility of Yours.
Service and Warranty Disclaimers
Yours seeks to maintain the App, the Website and the Services on a reasonable basis and cannot guarantee that You will have access to the Services at all times: the operation of the Services may from time to time encounter technical or other problems and may not continue uninterrupted or without errors. Yours will always seek to respond to all Your requests within 48 hours.
Yours may provide links or access to third party websites, resources or services and You acknowledge sole responsibility for and assume all risk arising from Your use of any third party websites or resources.
Yours providing the Services respect laws, human rights and acts in good will. If you think otherwise it is at Your own risk to use the Content and Services and Yours shall have no liability to You in respect of the Content, Products or Services. Yours Services are provided “as is”, without warranty of any kind.
You agree and acknowledge that the Services, Products, Content and any other products or purchases from Yours are non-medical and are intended for personal self-help usage. Yours is not providing medical treatment or advice. If You are not sure if any of the Content, Products and Services will cause You any harm please advise a medical care professional.
Prohibited Use of Services
You agree not to do any of the following:
· Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
· Use, display, mirror or frame the Services, or any individual element within the Services, Yours and Yours App name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Yours express written consent;
· Access, tamper with, or use non-public areas of Services, Yours’ computer systems, or the technical delivery systems of Yours’ providers;
· Attempt to probe, scan, or test the vulnerability of any Yours’ system or networks or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Yours or any Yours; providers or any other third party (including another user) to protect Services;
· Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Yours or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a Yours trademark, logo URL or product name without Yours express written consent;
· Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms & Conditions;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
· Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation;
· Encourage or enable any other individual to do any of the foregoing.
Although Yours is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, We have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms & Conditions, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms & Conditions. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.
Termination
We may terminate Your access to and use of the Services, at Our sole discretion, at any time and without notice.
If You purchase Your Subscription via an App Provider, You can cancel Your Subscription at any time with the App Provider. If you purchased Your Subscription via the Website, You can cancel the renewal of Your Subscription via the Website or by contacting Us by email at [email protected]. You will not receive the Services ordered until the end of Your current Subscription period. You will not receive a refund for fees already Paid for Your current Subscription period and for the Services ordered until the end of Your current Subscription period.
Upon any termination, discontinuation or cancellation of Services or Your Account, all provisions of these Terms & Conditions which by their nature should survive and will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. You understand and agree that upon any termination all rights that You have been granted hereunder will terminate. All intellectual property and software-related obligations hereunder shall survive until You have fully removed all Yours related materials from Your Devices, systems and storage media.
Indemnity
You will indemnify and hold harmless Yours its officers, directors, employees, contractors, agents and representatives from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) Your access to or use of the Services or Content or (b) Your violation of these Terms & Conditions.
Force Majeure
We will not be liable to You for any lack of performance, or unavailability or failure, of the Services, or for any failure or delay by Us to comply with these Terms & Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Limitation of Liability
Neither Yours nor any other party involved in creating, producing, delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute the Services or Products arising out of or in connection with these Terms & Conditions or from the use of or inability to use the Content, Products or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Yours has been informed of the possibility to such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of liability for consequential or incidental damages, therefore the above limitation may not apply to You.
In no event will Yours‘ total liability arising out of or in connection with these Terms & Conditions or from the use of or inability to use the Services, Products or Content exceed the amounts You have Paid to Yours for the use of the Services, products or Content or fifty dollars if You have not had any payment obligations to Yours, as applicable. The exclusion and limitation of damages set forth are fundamental elements of Terms & Conditions between You and Us.
Data protection and Privacy Policy
You agree and acknowledge that Your personal details and certain other information about You is collected, stored and processed through the Services. Our use of this information is subject to its Privacy Policy, which is available at yoursapp.com/legal/privacy-policy. You further agree and acknowledge that by downloading, installing, using or accessing any part of the Services, You are deemed to have agreed to the collection, storing and processing of such information about You, and in such manner, as set forth in the Yours’ Privacy Policy, including to this information being transferred to, and processed in, such countries and by such parties as specified in the Privacy Policy.
Dispute Resolution
Governing Law And Jurisdiction
These Terms & Conditions and any action relating to the Services shall be governed by the laws of the United Kingdom.
Any dispute arising from or otherwise concerning these Terms & Conditions (including disputes concerning the formation or validity hereof), or relating to the Services, shall be settled by mutual negotiations or by binding Arbitration. In all other cases, the disputes shall be settled by English courts, in London, the United Kingdom. You and anyone who uses, accesses or attempts to use or access any part of the Services, hereby irrevocably submits to the said jurisdiction and waives any and all objections they may have thereto.
Any decision (order, judgment or other) in a dispute delivered by English courts shall be enforceable in all jurisdictions.
Agreement to Arbitrate
Please read the following clauses as they require You to arbitrate disputes with Yours, and limit the manner in which You can seek relief from Yours including limitation on the right to litigate claims in a court before a jury or to participate in a purported class action or representative proceeding with respect to a claim.
(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms & Conditions or Your use of the Services, Content and Products that cannot be resolved informally or in small claims court will be resolved through binding Arbitration on an individual basis, except that You and Yours are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this Arbitration, except to the extent those rules conflict with these Terms & Conditions. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the Arbitration are available online at www.adr.org or by calling the AAA at +1-800-778-7879. The Arbitration will be conducted by a single neutral arbitrator.
If the claim is for ten thousand dollars or less, the party initiating the Arbitration may choose whether the Arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of Your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Arbitration institution.
Your Arbitration fees and Your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Yours. If the arbitrator finds that either the substance of Your claim or the relief sought in the Arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such a case, You agree to reimburse Yours for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the Arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of You and Yours. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms & Conditions. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Yours.
(d) Jury Trial Waiver. You and Yours waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, You and Yours elect to have claims and disputes resolved by arbitration. In any litigation between You and Yours over whether to vacate or enforce an arbitration award, You and Yours waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. Where permitted under the applicable law, You and Yours agree that each may bring claims against the other only in Your or Our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor Yours are entitled to Arbitration; instead all claims and disputes will be resolved in a court as set forth in the clause “Governing Law and Jurisdiction” above.
(f) Opt-out. You may Opt-out of this Arbitration agreement. If You do so, neither You nor Yours can force the other to arbitrate. To Opt-out, You must notify Yours in writing by registered mail no later than 30 days following the date You first agree to these Terms & Conditions (such notice, an “Arbitration Opt-out Notice”) becoming subject to this arbitration agreement. Your notice must include Your name and address, and the email address You used to set up Your Yours account (if You have one), and an unequivocal statement that You want to Opt-out of this Arbitration agreement. You must send Your Opt-out Notice by email to [email protected]. If You do not provide Yours with an Arbitration Opt-out Notice within the thirty days period, You will be deemed to have knowingly and intentionally waived Your right to litigate any dispute except as expressly set forth in clause “Small Claim Court”.
(g) Small Claims Court. Notwithstanding the foregoing, either You or Yours may bring an individual action in small claims court.
(h) Arbitration Agreement Survival. This Arbitration agreement will survive the termination of Your relationship with Yours.
General terms
These Terms & Conditions constitute the entire and exclusive understanding and agreement between Yours and You regarding the Content, Products and Services, and These Terms & Conditions supersede and replace any all prior oral or written understandings or agreements between Yours and You regarding the Content, Products and Services. If any provision of these Terms & Conditions is held invalid or unenforceable (either by an arbitrator appointed pursuant to the Terms of the Arbitration clause above or by court of competent jurisdiction, but only if You timely opt out of arbitration by sending Us and Opt-out Notice in accordance with the Terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms & Conditions will remain in full force and effect.
You may not assign or transfer these Terms & Conditions, by operation of law or otherwise, without Yours’ prior written consent. Any attempt by You to assign or transfer these Terms & Conditions, without such consent, will be null and of no effect. Yours may freely assign or transfer these Terms & Conditions without restriction. Subject to the foregoing, these Terms & Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Us under these Terms & Conditions, including those regarding modifications to these Terms & Conditions or any Terms issued by Yours, will be given: (a) by Us via email; or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Contact information
If You have any questions regarding these Terms & Conditions please contact Us by sending Us email to [email protected].