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Any reference made in this Agreement to "YOBOX " shall be deemed to have been made to LLC Namba Soft, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls LLC Namba Soft, directly or indirectly, and any other subsidiary of that controlling company.
You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the YOBOX Services only for lawful purposes and in accordance with this Agreement or any applicable laws.
Parents or Legal Guardians
Parents and guardians who would like to allow their children to use the YOBOX Services should assist them in setting up their YOBOX account and supervise their use of the YOBOX Services. The YOBOX Services may contain certain content and functionality that is not appropriate for children. As parents and guardians it is your responsibility to supervise your children’s use of the YOBOX Services and restrict any use of YOBOX Services which may not be appropriate for your child. The minimum age for using the Yobox Services is 13+.
Use of certain YOBOX Services may be subject to additional terms and rules that will supplement the terms of this Agreement (the “Supplemental Terms” and together with the terms of this Agreement, the”Terms of Service”). By using those services you agree to comply with such Supplemental Terms. In case of contradiction between any provision of this Agreement and any provision in any of the Supplemental Terms, the provision specific to the applicable YOBOX Service shall prevail.
Registration. In order to use certain YOBOX Services, YOBOX may require that you register and /or provide certain user details, including, without limitation, name, age and phone number. Please note that when you register to YOBOX other users will be able to search for you and find you on YOBOX using the details provided. Once a user has found you he will be able to add you to his contact list and view your online/offline presence. YOBOX provides you with various privacy and security settings to limit who may view your presence or contact you.
YOBOX Mobile. When you use certain Software on mobile devices you may have the option or may be required to provide YOBOX with your mobile phone number. In addition to your mobile phone number when using the Software on certain mobile devices YOBOX may need to access and collect certain details from your mobile device including details from your address book. Such details include the names and phone numbers of the contacts listed in your mobile devices address book. YOBOX collects and stores such information to inform you when the contacts in your mobile devices address book have also registered to use the applicable Software, to inform such users that you have registered to use the Software and to populate your contact list with such users and enable you to communicate with them through the Software. Also, please note that YOBOX may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to YOBOX. If someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your YOBOX account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device.
YOBOX Services include the ability and functionality to send, convey, and receive information among YOBOX users and between YOBOX users and persons who are not YOBOX users. This information may be transmitted or conveyed using public networks, partner networks, third-party networks, or other networks, systems, servers, webpages, or application software (for example, telephone networks, cellular communication networks, email servers) ("Third-Party Networks"). By entering your phone number into YOBOX settings and by sending text messages from your phone number to obtain paid YOBOX services, you agree to receive informational and/or advertising text messages from YOBOX and third parties. If you send text messages to third parties, you agree that these text messages may or may not be identified as having been sent from your phone number and on your behalf. Moreover, you bear sole responsibility for all potential claims associated with sending third messages to third parties. YOBOX in no way controls third-party networks, and YOBOX is not responsible for the performance, availability, functionality, quality, or reliability of any Third-Party Network or for the information sent, conveyed, transmitted, transferred, or received through a Third-Party Network. Notwithstanding all that has been stated above, YOBOX does not warrant or guarantee that the information that is sent, transmitted , transferred, or conveyed using a Third-Party Network will reach its destination or the correct address or recipient, nor that the information about the recipient or sender is correct or accurate.
The YOBOX Services or any part thereof including, without limitation, any version of the Software installed on your computer, or mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by YOBOX in its sole discretion ("Updates").
You agree to bear the risks of and hold YOBOX harmless for any and all effects that the Updates may have on you and your ability to use the Software and the YOBOX Services, in whole or in part, for communicating with third parties or their ability to communicate with you.
YOBOX hereby provides you with a non-exclusive, non-transferable, limited license to use the software (including, any mobile applications) provided to you by YOBOX (the “Software”) and applicable YOBOX Services, for personal and internal business purposes on an "AS IS" basis subject to the terms and conditions of this Agreement and the Terms of Service.
YOBOX Developers Network and Tools
YOBOX may provide you with access to the YOBOX Developer Network and to certain development tools ("Tools") for the purpose of enabling developers to add certain YOBOX functionality to their Web sites and applications. These Tools include, but are not limited to the YOBOX On-site service and YOBOX Status Indicator. The Tools are licensed to you pursuant to the terms of this Agreement (and any Supplemental Terms, solely for personal and internal business purposes. Any other use or attempt to use these Tools for commercial or other purpose requires a special license from YOBOX.
Restrictions on Use
You agree not to (1) extract information from the YOBOX Services, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Software, the YOBOX communications protocol or any information available on, derived or extracted from the YOBOX Services, or any part thereof; (3) block, disable or otherwise affect any advertising, or other features that constitute an integral part of the Software and YOBOX Services; and (4) connect, use, attempt to connect or use in any way the YOBOX Services, for any commercial purpose.
In addition you may not create any software or incorporate into any software any portion of the YOBOX Services or enable communication between the YOBOX Services and any other service.
You May Use the YOBOX Services for Lawful Purposes Only
You may use the YOBOX Services' features, offerings and content for lawful purposes only. You may not (1) enter user details of another person including for the purpose of impersonating that person, (2) violate the intellectual property rights of any person, (3) enter offensive details, or (4) send unsolicited bulk e-mail, junk e-mail or unsolicited bulk instant messages.
Materials You Send or Post
While you retain ownership of all right, title, and interest in any information, documents, content, video (including “snaps”), images, photographs or other material ("Material"), created, location, sent to YOBOX or posted to the YOBOX Services, by sending or posting such Materials you hereby grant YOBOX , its affiliates, subsidiaries, assignees, licensees, and legal representatives an irrevocable, perpetual, worldwide license to use, including for marketing purposes and in marketing events, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Materials (as such may be edited and modified by YOBOX in its discretion) through the YOBOX Services and such other products or services as YOBOX may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.
You agree that you will not upload, post, submit or send any Materials through the YOBOX Services or to YOBOX that: (1) is offensive, harmful, vulgar, sexually explicit, or unlawful; (2) you don't have a right to transmit under any law, including but not limited to Materials that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (3) contains software viruses or any other computer code that may be harmful to YOBOX or to Internet users in general; (4) is unsolicited advertising, promotional materials, or any other forms of solicitation; (5) impersonates in any way any person, entity or YOBOX official,; (6) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; or (7) is confidential, secret or proprietary information belonging to someone else
YOBOX reserves the right and the sole discretion to refrain from publishing on the YOBOX Services and to delete or remove from the YOBOX Services any Materials posted or sent, by any user or any part thereof. You acknowledge that you (and not YOBOX) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and YOBOX 's display of any Materials. You hereby hold YOBOX harmless from and against any third party claim arising from use of the Materials.
You further understand and thereby authorize, that your Materials may be accessed, viewed, stored or reproduced by YOBOX users or other visitors to the YOBOX Services.
YOBOX owns all intellectual property in the YOBOX Services and the proprietary YOBOX databases, including but not limited to YOBOX components and algorithms, and access to the YOBOX Services' server complex.
You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the YOBOX Services or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the YOBOX Services without the express permission of YOBOX. No portion of the content on the YOBOX Services may be stored in a computer except for personal and non-commercial use.
YOBOX, THE FLOWER LOGO, THE YOBOX NETWORK and/or other YOBOX products referenced herein are trademarks and/or servicemarks of YOBOX. Other products and companies' names or marks may be the trademarks or servicemarks of their respective owners. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, servicemark, names, or logos of YOBOX, including YOBOX and the flower logo.
If you believe that your work has been copied and is accessible on the YOBOX Services in a way that constitutes copyright infringement please contact YOBOX tech support.
Unless produced by YOBOX, the information you access or receive by using the YOBOX Services, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by YOBOX in any way. YOBOX has the right, but not the obligation, to monitor content made available on or through the YOBOX Services, to determine compliance with the YOBOX Terms of Service and any other operating rules that may be established by YOBOX from time to time. With respect to instant messages sent between users, YOBOX employees do not monitor such messages but YOBOX may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the YOBOX systems. Users shall remain solely responsible for the content of their messages. You acknowledge and agree that YOBOX shall not assume or have any liability for any action or inaction by YOBOX with respect to any conduct within the YOBOX Services.
Disclaimer of Warranties
THE YOBOX SERVICES AND SOFTWARE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOBOX MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT, TITLE, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
YOBOX DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SOFTWARE, OR THE YOBOX SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, AND THE YOBOX SERVICES IS ASSUMED BY YOU.
YOBOX does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the YOBOX Services. YOBOX does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the information available on or through the YOBOX Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (3) that the YOBOX Services and the functions or services performed by YOBOX will be uninterrupted or error-free; or (4) that defects in the YOBOX Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
Security and Privacy Limitations
Please note that the YOBOX Servicesare vulnerable to various security issues and hence should be considered unsecured. By using the YOBOX Services and the Internet in general, you may be subject to various risks, including among others:
You acknowledge that you are aware of the risks and limitations of the YOBOX Services and that while YOBOX may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all.
If you do not wish to be subjected to these risks, you are advised not to use the YOBOX Services. Furthermore, please do not use the YOBOX Services for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
IN NO EVENT WILL YOBOX BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, THE YOBOX NETWORK, THE YOBOX SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF YOBOX SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOBOX 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In no event will YOBOX's liability with respect to this Agreement exceed the greater of (i) the amount you paid (if you paid) to YOBOX for the Software, or (ii) the average monthly access fee paid by you to your local telephone company or communication provider, solely and specifically for access to the YOBOX Services.
The entire risk as to the quality and performance of the YOBOX Services, and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
Other Software and Open Source Code
Portions of some of the Software may have been created using third party software or code including through various open source projects. In such cases, the licenses and availability of source code for such components are specified in a copyright notice document or in other documents delivered with or linked from such Software. For information about third party software or source code.
General. Unless expressly stated to you by YOBOX, the YOBOX Services are provided to you free of charge. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the YOBOX Services, or for accessing the YOBOX Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual YOBOX Services.
YOBOX Mobile Charging Policy.While YOBOX does not currently charge for use of YOBOX Services on mobile devices, please note that when using YOBOX Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the YOBOX Services through your mobile device.
Premium Services.There may be extra charges to use or access certain premium or subscription content, products or services ("Premium Services") on or through the YOBOX Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.
Communications From YOBOX
YOBOX may send (i) notices about your use of the YOBOX Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your YOBOX number or to an e-mail address provided by you on or through any of the YOBOX Services.
YOBOX may at any time terminate your YOBOX number or access to the YOBOX Services, cancel, change, introduce different options and features to different users or refrain from publishing YOBOX numbers or any other details of the users on the various YOBOX directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the YOBOX Terms of Service. YOBOX has no obligation to provide you a warning prior to termination of your use of the YOBOX Services.
You understand that your use of the YOBOX Services is at your own risk and that YOBOX provides no assistance other than the information posted on the YOBOX Web site. YOBOX is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any YOBOX Service.
Rights and Remedies
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the YOBOX Terms of Service, including YOBOX 's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than YOBOX.
You acknowledge that the YOBOX Services contain YOBOX proprietary and confidential information, and that disclosure of such information or misuse of the YOBOX Services will give rise to irreparable injury to YOBOX, inadequately compensable in damages. Accordingly, YOBOX may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available.
Changes to Agreement
YOBOX may change, from time to time, the terms of this Agreement with or without a release of a new version of the Software. By continuing to use the YOBOX Services, for a period of 30 days after a notice of such change has been provided on the YOBOX network or Web site for the first time, you signify your consent to the new or revised Agreement. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the YOBOX Web site, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
By using any of the YOBOX Services, you consent to receive legally required communications, including notices, agreements, disclosures or other information in connection with any of the YOBOX Services electronically from YOBOX (collectively, "Notices"). You agree that YOBOX generally can send you electronic Notices by (i) e-mail to an e-mail address provided by you, and/or (ii) by SMS (text message) to your mobile device (iii) "pop up" notice, "System" notice, or any other form of notice, on any of the YOBOX Services and/or by (iv) posting the Notices on a main page or other page of the relevant service. You agree that certain supplemental or enhanced services made available to YOBOX users may also have their own Notice procedures.
The delivery of any Notice from YOBOX is effective when sent by YOBOX , regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the YOBOX Services.
Notices and Warnings
You acknowledge that the various notes, notices and warnings available on the YOBOX Services, are provided as a convenience only. The inclusion of such does not constitute an obligation on YOBOX to provide such notes, notices and warnings in other places or features of the YOBOX Services.
The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of this Agreement, your use of the YOBOX Services, and your use of or access to Premium Services.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Transfer of Rights
YOBOX may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. For example, and without any limitation, you shall not transfer, assign, sell or offer for sale YOBOX numbers, nor purchase or receive such YOBOX numbers from any third party.
This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of the Kyrgyz Federation, excluding its conflicts-of-law rules. Please note that your use of the YOBOX Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with YOBOX or relating in any way to your use of the YOBOX Services resides in the courts of the Kyrgyz republic in connection with any such dispute including any claim involving YOBOX or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to YOBOX any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this agreement.
LLC Namba Soft, hereinafter named “Yobox” and also “we”, “our” or “us”, assures that it will protect and observe the confidentiality of information received by Yobox in the process of using YOBOX Services by users.
Collection of your YOBOX Services Information
YOBOX may collect certain information about you when you interact with the YOBOX Services. Depending on how you use the YOBOX Services, your “YOBOX Services Information” may include:
In addition, many software versions provided by YOBOX ("Software") are configured to automatically report back information relating to computer errors arising in connection with use of the Software, without notice to you. Information on your Software configuration settings may be included. This data is sent to YOBOX to help us diagnose performance issues with, and improve, the Software.
Your YOBOX Services Information may be supplemented with additional information from other companies.
Your YOBOX Services Information is used to:
In order to provide you with certain services, and except as specified below, YOBOX may share with third parties certain information that is not personally identifiable. Any personal identifiable information may be shared with third parties when:
Furthermore, when a user registers to the YOBOX Services such user will be searchable through the YOBOX public directories. YOBOX users may search the YOBOX directories for other users based on the information provided by such users, including, name, YOBOX#, phone number etc. and add such users to their contact list. Once a user has added you to their contact list they may view your online/offline presence unless otherwise selected via your security and privacy settings. Please note that if you’ve registered through a mobile device using your phone number then any other YOBOX user that has your phone number in their address book may be able to view your online presence regardless of your security and privacy settings.
YOBOX Account and Password
The holder of an YOBOX account and password has the ability and discretion to edit the user details provided in the user profile for such account. For this reason and other reasons it is very important to choose a difficult password, to keep your password in a safe place and to use updated anti-virus software. It is your responsibility to keep your password and username secure.
Our Commitment to Security
General Internet Hazards
You should be aware that receiving files from third parties, via any application (e.g. YOBOX, email, etc.) may be harmful. Before receiving any files from any user, and even if the account from which the file transfer notice is sent looks familiar to you, it is strongly recommended that you verify that the person sending you these files is indeed the person you think he is, for example by asking him for some kind of information known only to the two of you. Please make sure not to receive files from users you do not trust, from users you are not sure they are whom they say they are or whenever you are not sure you want to receive the files.
You should be aware that communications over the Internet are not secure unless they have been encrypted. YOBOX does not encrypt your communications. In addition, your communications may be routed through different countries - that is the nature of the Internet. YOBOX cannot accept any responsibility for any unauthorized access or loss of Data.
This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of the Kyrgyz Republic, excluding its conflicts-of-law rules. Please note that your use of the YOBOX Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with YOBOX or relating in any way to your use of the YOBOX Services resides in the courts of the Kyrgyz Republic in connection with any such dispute including any claim involving YOBOX or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Special Note for Parents or Legal Guardians
Parents and guardians who would like to permit their children to use the YOBOX Services should assist them in setting up their YOBOX account and supervise their use of the YOBOX Services. The YOBOX Services may contain certain content that is not appropriate for children. As parents and guardians it is your responsibility to supervise your children’s use of the YOBOX Services and restrict any use of YOBOX Services which may not be appropriate for your child. Our aplication made for adult only.