Effective Date: 17-June-2024
1. Acceptance of the Terms of ServiceWelcome to Yawmie app operated by Yawmie Tech. (hereinafter referred to as “Yawmie”) consisting of the mobile applications, or any other products or services offered by Yawmie (hereinafter referred to as “Yawmie Services”). This Terms of Service is a legal agreement between you (hereinafter referred to as "User") and Yawmie . By accessing or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not access or use the App.
When using the Yawmie, the User shall be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted online by Yawmie from time to time (the “Guidelines”). Yawmie may also offer certain paid services, which are subject to certain additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these terms of service by reference.
If you click to accept, you agree to all of the various terms in these Terms of service and the Guidelines. If you do not understand any or all of the terms, you should seek legal opinions before agreeing to any of the terms of service.
You understand and acknowledge that when using the Yawmie, you will be exposed to content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
The Yawmie are not available to persons under the age of 18 Notwithstanding the foregoing, as some countries and regions have different age requirements, we may impose access restrictions based on such requirements.
If you are between the ages of 18 and the age of legal majority in your jurisdiction of residence, you may only use the Yawmie under the supervision of a parent or legal guardian who agrees to be bound by these Terms of service.
You affirm that you are not a person prohibited from using the Yawmie by local law, or law enforcement (including but not limited to, the subject of any sanctions administered or enforced by the Office of Foreign Assets Control of the U.S Department of the Treasury(“OFAC”), the U.S Department of States, the United Nations Security Council, Monetary Authority of Vietnam(collectively “Sanctions”));
You affirm that you are not a convicted sex offender, or convicted in any offense involving violence, under any applicable jurisdiction;
You affirm that you will comply with this Terms of service, and any and all applicable laws and regulations.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you guarantee that all information that you provide is accurate, complete, and current. Further, you guarantee that you have, or you will review all policies and agreements applicable to the use of third-party services. If you use Yawmie over mobile data, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees may apply.
In order to register an account, you will be asked to provide us with certain information such as a mobile number and password. The ownership of the account belongs to Yawmie and you own the right to use it. Yawmie prohibits the giving away, borrowing, renting, transferring, or selling of the account. You are responsible for any liability arising from this, and Yawmie reserves the right to hold the perpetrators of such acts liable.
Yawmie may permit you to register for and log on to Yawmie via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how we collect, use and disclose your personal information when you link your Yawmie account with your account on any third-party service can be found in our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Yawmie or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: yawmieservice@outlook.com. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Yawmie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Yawmie or others due to such unauthorized use.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of service.
You acknowledge and agree that we reserve the right to charge fees for Yawmie at our complete and sole discretion.
To ensure the secured running of the software and services provided, protect network security, prevent cyber crimes, identify anomalies related to your account, and for the purpose of anti-fraud, we will collect data of your network access logs and user logs, device information and device location (including IP address, GPS location, and WLAN access point which provides related information, Bluetooth and base station/sensor information) software version, mode/type/status/operator of access to internet, SSID and BSSID, network quality, software installation list, currently running process, overall condition of the running applications, overall installation and usage performance, application source and other log information (details of usage time and frequency, device statistical information, critical operation paths, error logs, crash records, language and time zone, Internet Protocol (IP) address, Internet Service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data).
Some of the Yawmie provided by us require payment ("Paid Services"). When you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any Yawmie that will or may be used by you in accordance with these terms of service will be a Paid Service. Access to a Paid Services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such Paid Services. For the avoidance of doubt, we shall be under no obligation to provide any Paid Services to you if you do not pay the charges for the same.
Paid Services can be purchased by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through Yawmie, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever over such customer terms and conditions, and privacy policies. IF YOU CAN NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. Purchases are payable in advance. We offer different packages you can choose from. We reserve the right to change service prices at any time, at our sole discretion, and without liability to you. Any purchased Paid Service will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these terms of service.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error with the purchased service.
Our payment processing partners may require you to provide certain personal data, such as a valid government-issued ID, your legal name, address, and date of birth, to comply with applicable laws and regulations and facilitate payment through their financial institutions. They may also contact you directly regarding any payment-related issues.
If your payment is declined due to issues with your payment method, please ensure that all the data you provided is correct and resubmit your order. If your transaction is not accepted online, please contact our customer support team via the email address and we may provide you with in connection with your purchase. For purchases made on our Service, you can reach out to us at yawmieservice@outlook.com.
Yawmie respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Yawmie infringes upon your copyright, please submit a notice to us, via yawmieservice@outlook.com.
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Yawmie, such as trademarks, service marks, names, or logos associated with third party content creators, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
The websites and certain materials available on or through the Yawmie are content that we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and Yawmie.
Unless otherwise expressly stated in writing by Yawmie, by agreeing to these Terms of Service you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Yawmie for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly published, performed, rewritten or republished any Works without prior written consent from us.
The above-described license is conditioned on your compliance with these terms of service. If you breach any provision of these Terms of service, any license you have obtained in relation to the Yawmie will be automatically rescinded and terminated. In order to protect our rights, some content made available on the Yawmie may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.
We allow users to distribute pre-recorded audio-visual works, to use Yawmie, such as chat, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Yawmie (“User Generated Content/UGC”).
Unless otherwise agreed to in a written agreement between you and Yawmie that was signed by an authorized representative of Yawmie , by publishing, posting, displaying, submitting, and/or uploading any of its UGC in connection with the Yawmie, you grant to Yawmie and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.
With respect to UGC, the rights granted by you terminate once you delete such UGC from Yawmie, or generally by closing your account, except (a) we used it for promotional purposes; and (b) for the reasonable time it takes to remove from backup and other systems.
Yawmie will revie the UGC content published on the platform before you post and after your post two times to avoid any harmful, unproper content , but you shall be responsible for your UGC and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your UGC on the Yawmie. .
You further agree that UGC you provide to the Yawmie will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to the Yawmie all of the license rights granted herein.
Yawmie do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein.
You agree that you will only use the Yawmie for the lawful purposes expressly permitted and contemplated by these terms of service. You may not use the Yawmie for any other purposes, including commercial purposes, without our prior written consent.
You agree that you will view the Yawmie and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Yawmie or eliminating any of the content of the Yawmie.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Yawmie or use and/or monitor any information in or related to the Yawmie for any unauthorized purpose. Specifically, you agree not to use the Yawmie to:
violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
post any content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
post any content that contains falsehoods or misrepresentations that could damage the Yawmie or any third party;
post any content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
post any content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
deploy or use programs, software, or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
exceed your authorized access to any portion of the Yawmie;
collect or store personal data about anyone;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Yawmie;
exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available;
use any robot, spider or other automatic device, process or means to access the Yawmie for any purpose, including monitoring or copying any of the material on the Yawmie without our prior written consent;
use any manual process to monitor or copy any of the material on the Yawmie or for any other unauthorized purpose without our prior written consent;
introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that may damage the operation of another’s property or of the Yawmie; or
remove any copyright or other proprietary notices from Yawmie or any of the materials contained therein.
We have the right to:
Remove any UGC you provide or contribute to the Yawmie for any or no reason in our sole discretion;
Take any action with respect to any UGC provided by you that we deem necessary or appropriate in our sole discretion, including if we believe that such UGC violates these terms of service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Yawmie or the public or could create liability for us;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Yawmie;
Terminate or suspend your access to all or part of the Yawmie for any or no reason, including without limitation, any violation of these terms of service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through the Yawmie.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Yawmie may review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice in an appropriate manner. Without limitation, we may do so to address UGC that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these terms of service or any applicable additional terms.
Yawmie may amend any of the terms of these terms of service by posting the terms. Your continued use of the Yawmie after the effective date (as shown in the last modified date) of the revised terms of service constitutes your acceptance of the updated terms.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Yawmie, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Yawmie; (ii) your violation of any term of these terms of service ; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of the Yawmie. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
You use the Yawmie at your sole risk. We provide the Yawmie "as is" and "as available". To the fullest extent permitted by law, Yawmie, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the Yawmie and goods or services purchased and obtained through the Yawmie, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Yawmie.
We make no warranty or representation about the accuracy or completeness of Yawmie’ content or the content of any sites linked to Yawmie or that the Yawmie will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Yawmie, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Yawmie or our services by any third party, and/or (v) any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the Yawmie or our services; and (vi) disputes between you and another user of the Yawmie.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Yawmie ’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF SERVICE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE Yawmie SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE LITMATCHSERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These terms shall be governed by and construed in accordance with the laws of Vietnam, without regard to the choice of law principles. Should a dispute arise between the parties in connection with these terms of service, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after the commencement of such friendly consultations, then the parties agree that such dispute shall be submitted to Vietnam International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of arbitration shall be Vietnam. The arbitration shall be resolved by a sole arbitrator. The language of the arbitration shall be English. The arbitral award shall be final and binding on both parties.
Without prejudice to any rules of confidentiality or equivalent in the applicable arbitration rules, the parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration center and the arbitral award.
If we fail to exercise or enforce any right or provision of these terms of service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of service will be effective only if in writing and signed by the relevant party.
If any provision of these terms of service is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these terms of service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These terms of service and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Yawmie without restriction. Any assignment attempted to be made in violation of these terms of service shall be void.
Upon termination of these terms of service , any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The terms of service , our Privacy Policy, and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Yawmie and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Yawmie.
The headings in these terms of service are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these terms of service.
We may terminate these terms of service for any or no reason at any time by notifying you through a notice on the Yawmie, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the terms of service , you will no longer have a right to access your account or your UGC. We will not have any obligation to assist you in migrating your data or your UGC and we may not keep any backup of any of your UGC. We will not be not responsible for deleting your UGC. Note that, even if your UGC is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back up your UGC), and are subject to the licenses set forth in these terms of service.
If you have questions or comments about this terms , please contact us at:
[Company Name] Vocool technology co., limited, Limited ,governing jurisdiction is HK
[Address] MAXGRAND PLZ, 3 TAI YAU ST,SAN PO KONG,KOWLOON, HONG KONG
[Email Address] yawmieservice@outlook.com