Information We Collect About You
Information We Collect About You.
You may browse certain areas of the Site and a subset of our services without registering with us or providing us personal information. We may collect personal information that you provide to us in connection with your use of the Services when you: (a) register as a user of the Services; (b) make changes to your user profile information; (c) send email messages, forms, or other information through the Services; (d) download the applications; (e) interact with the Services. If you register for a YBVR account, you will be required to provide your first and last name and email address and will be prompted to create a password. You may also choose to provide additional information in connection with your YBVR account.
Information We Collect Automatically.
YBVR may automatically collect the following information about your use of our Site or Services through cookies and other technologies, technical information about your device(s), browser type and version, computer and connection information, statistics on page views, traffic to and from the Services, ad data, Wi-Fi connection information, IP address, device ID, and standard web log information. We use IP address to track the geographical location of the user to determine if certain content is available to be accessed in that geographical location (if content is not available we typically send a message to the user indicating content is not available). We also collect click actions within the applications for error reporting and tracking user behavior. We also collect data regarding how long users watch a specific piece of content, what content users are watching, how many pieces of content a user is watching, from where the users are accessing our content, as well as telemetry regarding the technical performance of the services. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other personal information, including but not limited to username and password used for third party authentication within the YBVR platform. Please see the section “Cookies and Web Beacons” below for more information.
Cookies and Web Beacons
Third Party Analytics
User Generated Content
How YBVR Uses Your Personally Identifiable Information
YBVR may use information that YBVR collects about you to:
- Provide access to the Services and to provide you with requested services and customer support and to process and respond to your inquiries;
- Personalize, customize, measure, and improve our services, content, and advertising and otherwise to enhance your experience of the Services;
- Prevent, detect, and investigate potentially prohibited or illegal activities or enforce the applicable agreement(s) between you and YBVR;
- Analyze the accuracy, effectiveness, usability, or popularity of the Services;
- Generate and review reports and data about our user base and service usage patterns;
- Compile aggregate data for internal and external business purposes;
- Resolve disputes and troubleshoot problems;
- Contact you with information, including promotional, marketing, and advertising information and recommendations that we believe may be of interest to you;
- Provide you with other services requested by you as described when we collect the information; and
Categories of Third-Party Persons or Entities With Whom YBVR May Share Your Personally Identifiable Information
We may disclose the information we collect from you to the following third parties:
- Service Providers. We may share your information with third-party contractors, agents, collaborators, business partners or service providers who provide certain services to us or on our behalf, such as operating and supporting the Services or providing marketing and promotional services.
- Business Partners. We may share your information with our third-party business partners, such as content providers, who may provide YBVR or you with certain marketing and promotions that they or we believe may be of interest to you; provided, however, that we will only share your information with such third-party business partners after you opt-in to this sharing activity.
- Aggregate Information. YBVR may share information relating to visitors and users of the Services with affiliated or unaffiliated third parties, including our media partners, on an aggregate basis. We note that, while this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
- Affiliates. We may share some or all of your information with our parent company, subsidiaries, corporate affiliates, joint ventures or other companies under common control with us.
- Legal Requirements. To the extent permitted by law, we may share your information with law enforcement, governmental agencies, or authorized third parties, in response to a request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other YBVR user to legal liability, or to protect our rights or property, or during emergencies when safety is at risk. We may also share your information in response to court orders, subpoenas, or other legal or regulatory requests, and we may provide access to your information to our legal counsel and other consultants in connection with actual or potential litigation.
- Companies That Acquire Our Business or Assets. If YBVR becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, dissolution, or any other transaction or if the ownership of all or substantially all of our business otherwise changes, YBVR may share or transfer your information to a third party or parties in connection with the applicable transaction.
- Unforeseeable or Unpreventable Disclosures . Your information may be disclosed to third parties in unforeseeable situations or situations that are not preventable even when commercially reasonable protections are employed, such as in the case that YBVR or the Services is subject to a hacking or other attack.
Do Not Track
You may be able to adjust your browser settings or other settings so that “do not track” requests are sent to the Services. YBVR will not disable tracking technology that may be active on the Services in response to any “do not track” requests that are sent to the Services.
Personally Identifiable Information About Your Online Activities Over Time and Across Different Websites
YBVR does not permit third parties to collect personally identifiable information about your online activities over time and across different websites when you use the Services.
Spam, Spyware or Spoofing
YBVR and our users do not tolerate spam. To report YBVR related spam or spoof emails to us, please forward the email to [email protected]
Accessing, Changing and Managing Your Personal Information
You may change and update the information you provide through the Services, or change your preferences connecting how we use your information as follows:
- Changing or Updating Your Information. You may make changes to the user information you have provided in connection with your YBVR account by contacting us at [email protected]. Following receipt of a request from you, we will take reasonable steps to update, correct, or delete your information from the publicly accessible portions of the Services.
- Email Communication . You can make changes regarding receiving email communications from us within your YBVR account. You can also choose not to receive email communications from us by following the “unsubscribe” instructions in any email communication you receive from us.
The Services may contain links to websites that are not owned or operated by YBVR. Please be aware that we are not responsible for the privacy practices of these websites. If you visit these websites or provide any information directly to parties other than YBVR (even if those websites display the YBVR brand), different policies may apply to the collection and use of your information. We encourage you to investigate and ask questions before accessing third-party websites or disclosing information to third parties.
YBVR takes reasonable measures to protect the information you provide to YBVR or submit through the Services against loss, theft, unauthorized use, disclosure, or modification. However, we cannot guarantee or warrant the security of any information you transmit to YBVR or submit through the Services and you do so at your own risk. No internet or email transmission is ever fully secure or error-free. Emails sent to or through the Services may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us via email. We take steps to protect your information from unauthorized access and follow industry standards on information security management to protect sensitive information.
United States Operation
Information We Collect
|User IP and data that flows from that
|Meta User ID
|In app purchases
|User and device sharing
YBVR may use or disclose the information we collect for business purposes.
We will not collect additional categories of information or use the personal information we collected from you for materially different, unrelated or incompatible purposes without providing you notice.
YBVR cannot guarantee that the personal data will not be used in any other way with a third party
Sharing Personal Information
YBVR may disclose your information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use if for any purpose except for performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for business purposes:
User IP and data that flows from that
Meta User ID
In app purchases
User and device sharing
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates and partners
- Service providers
- Third parties to whom you or your agents authorize us to disclose your information in connection with products or services we provide to you
- In the preceding twelve months, we have not sold any personal information.
Access to Specific Information and Data Portability Rights
You have the right to request that YBVR discloses certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, YBVR will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: o sales, identifying the personal information categories that each category of recipient purchased; and o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
YBVR may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Email: [email protected]
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
YBVR aims to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
YBVR will not discriminate against you for exercising any of your CCPA rights.
No Use by Children
The Services are not intended for use by children under the age of 13. We will never knowingly collect information directly from children under the age of 13 without verifiable parental consent. If you are under the age of 13, you may not use the Services and please do not provide us with information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted information to the Services without verifiable parental consent, we will remove his or her information from our files and deactivate his or her account. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit. If you have reason to believe that we may have accidentally received personal information from a child under the age of 13, please contact us immediately at [email protected].
Retention of Your Information
Retention of Your Information
Your California Privacy Rights
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by YBVR to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing YBVR at [email protected] or sending a letter to:
1. Changes to this Agreement
We reserve the right to, at any time,
- (a) change the terms and conditions of this Agreement;
- (b) change the Services, including eliminating or discontinuing any downloadable application, content or other feature of the Services; or
- (c) deny or terminate your use of and/or access to the Services.
Any changes we make will be effective immediately upon our making such changes available on the Services (such as on the YBVR website or through the downloadable applications) or otherwise providing notice thereof and will apply to use of the Services thereafter. You agree that your continued use of the Services after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
2. Use of the Services and Applications
You may visit and browse our website and use a subset of the services without registering or creating an account. However, before using certain of the Services, you may need to register with YBVR and create an account. We reserve the right to decline to provide the Services to any person for any or no reason. If and when you register with or provide information to YBVR, you agree to: (a) provide accurate, current, and complete information as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services. By providing YBVR with your email address or other contact information, you consent to our use of this information to send you Services-related notices and other administrative notices, including any notices required by law.
Please note that we may require users to pay certain fees to use the Services or view certain Content (as defined below). You are required to provide an acceptable payment method to pay such fees as a condition to use of such Services or viewing such Content.
You are solely responsible for the activity that occurs on your account, including but not limited to paying any and all applicable fees. You must keep your account credentials (including username and password) secure at all times. You may not share your account with any third parties without YBVR’s prior written consent unless such third party has separately entered an agreement with YBVR permitting it to access your account. You must notify YBVR immediately of any breach or suspected breach of security or unauthorized use of your account. YBVR will not be liable for any losses caused by any unauthorized use of your account.
In addition, we may offer downloadable mobile or other software applications (“App(s)”) for use in connection with the Services. The Apps are the property of YBVR, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Apps or the Services through this Agreement or otherwise. All rights to the Apps not expressly granted in this Agreement are reserved to YBVR. Provided you are in compliance with this Agreement, we grant to you a non-exclusive, non-transferable personal license to download the Apps onto a single device and to access and use the Apps solely for your personal use in using the Services in accordance with this Agreement. If you download the App from a third-party mobile app store (“App Store”), you agree to abide by the terms and conditions of the App Store and agree that the App Store shall have no liability for the App or your use of the Services.
You are solely responsible for arranging and paying for all access, including Internet and cellular access, necessary to use the Services. You may be charged message and data charges by your service provider for downloading and/or accessing an App on your mobile phone, tablet or other handheld device or personal computer (the “Device”). All charges are solely your responsibility. In addition, the App will only work on compatible devices and operating systems and certain functionality will only work if your Device is connected to the Internet. Some features may also only be available with certain operating systems.
The Services may allow you to view certain video and other content (“Content”) provided by YBVR and its licensors. Such Content is subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Content through this Agreement or otherwise. All rights to the Content not expressly granted in this Agreement are reserved to their respective copyright owners. Provided you are in compliance with this Agreement, including payment of any applicable fees, you are given a non-exclusive, non-transferable right to view the Content on your Device for your personal purpose. YOU MAY NOT PUBLICLY DISPLAY, REPRODUCE, RETRANSMIT OR BROADCAST THE CONTENT IN WHOLE OR IN PART.
You represent and warrant that you have the full right, power, authority, and legal capacity to enter into and perform this Agreement without the consent or approval of any third party.
4. Third Party Links
5. YBVR Communications
You agree that we may send you communications (via email or through the Services, including in-App messaging) regarding your use of the Services, and certain features or applications of the Services you may be interested in. To the extent you have opted to receive communications, newsletters, or offers from us regarding third-party products and services, you hereby authorize YBVR to deliver such communications to you via email or through the Services, including in-App messaging. 6. Rules Governing Your Use of the Services You may not use the Services, or assist or encourage any other party, to engage in any of the following prohibited activities:
• copying, framing, or mirroring any part of the Services;
• copying, reproducing, transmitting, publicly performing or displaying or otherwise using any of the Content, in whole or in part, for any commercial or unauthorized purpose;
• accessing the Services for purposes of monitoring its availability, performance, or functionality;
• permitting any third party to access the Services or the Content;
• using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to YBVR; • publishing, transmitting, distributing, or storing content, material, information, or data that: (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”);
• attempting to disrupt, degrade, impair, or violate the integrity or security of the Services or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of YBVR internet protocol space;
• avoiding payment of incurring charges or fees payable by you with respect to the Services;
• copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
• using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to YBVR than a human can reasonably produce in the same period of time by using a conventional web browser;
• taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• collecting or harvesting any personally identifiable information, including account names, from the Services;
• using the Services for any commercial solicitation purposes;
• impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
• accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
• causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services;
• submitting to the Services or to YBVR any personally identifiable information, except as necessary for the establishment and operation of your account;
• submitting to the Services or to YBVR any information that may be protected under the Health Insurance Portability and Accountability Act, as amended and supplemented, or any other information that may be protected from disclosure by applicable law;
• bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
• violating any applicable law, statute, ordinance, or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
• transmitting any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so; • removing any copyright, trademark, or other proprietary rights notices contained in or on the Services;
• sublicensing, selling, renting, leasing, transferring, assigning, or conveying any rights under this Agreement to any third party, except as expressly permitted herein;
• executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Services’ servers or any data not intended for you; and/or
• harvesting or collecting information about the Services’ visitors or members without their express consent. Improper use of the Services may result in termination of your access to and use of the Services, and/or civil or criminal liabilities. You agree to use the Services in accordance with all applicable laws.
7. Intellectual Property
Your Rights. Subject to the terms and conditions of this Agreement (including any restrictions on any applicable authorization or order form and payment of any applicable fees), you are hereby granted a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your own internal personal use. YBVR reserves all rights not expressly granted herein in the Services. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel, or otherwise. Feedback and Improvements. You may choose to, or we may invite you to submit comments, suggestions, feedback, or ideas about the Services, including, without limitation, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction. We are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. YBVR will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without any restriction of any kind on account of intellectual property rights or otherwise. You further acknowledge that, by acceptance of your submission, YBVR does not waive any rights to use similar or related ideas previously known to YBVR, or developed by its employees, or obtained from sources other than you. C. Proprietary Rights. The Services are owned and operated by YBVR, and the Services and Content provided through the Services (and any intellectual property and other rights relating thereto) is and will remain the property of YBVR and its licensors and suppliers. The Services and Content are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. The Services and Content may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by authorized representatives of YBVR or, if so indicated in writing by YBVR, its licensors or suppliers. Use of the Services and Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services or Content. The trademarks, logos, and service marks displayed on the Services (collectively, the “Company Trademarks”) are the registered and unregistered trademarks of YBVR, YBVR’s licensors and suppliers, and/or others. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Trademark(s) without the express written permission of YBVR, YBVR’s licensors or suppliers, or the third-party owner of any such Company Trademark.
8. No Use by Children Under 13
You hereby affirm that you are over the age of thirteen (13), as the Services are not intended for children under 13. If you are under 13 years of age, then you may not use the Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
9. Term & Termination
This Agreement is effective from the date on which you first access the Services or submit any information to YBVR, whichever is earlier, and shall remain effective until terminated in accordance with its terms. YBVR may immediately terminate this Agreement, and/or your access to and use of the Services, Content or any App, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. YBVR may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall cease all use of the Services. Upon termination or expiration of this Agreement for any reason, Sections 1, 2 (with respect to restrictions only, but not any licenses), and 3–17 shall survive.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate YBVR to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICES ARE CURRENT AND/OR UP-TO- DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES OR CONTENT, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICES, OR ANY INFORMATION, SOFTWARE, CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICES AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND CONTENT, AND YOUR RELIANCE THEREON.
YBVR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO CONTENT, PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES ON THE SERVICES, AND YBVR SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH CONTENT, PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH SUCH OFFERS OR SALES.
11. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER YBVR NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICES, CONTENT, APP AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICES, CONTENT, APP OR ANY LINKED WEBSITE IS TO STOP USING THE SERVICES, CONTENT, APP OR LINKED WEBSITE, AS APPLICABLE. NEITHER YBVR NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICES BY THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You (and also any third party for whom you operate an account on the Services) agree to fully indemnify, defend (at YBVR’s request), and hold YBVR, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (“YBVR Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your actual or alleged breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Services infringe, misappropriate, or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; (d) your negligence or willful misconduct; (e) your use of the results, content, data, or information provided via the Services; (f) any service or product offered by you in connection with or related to your use of the Services; and/or (g) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.
13. Jurisdictional Issues
YBVR makes no representation that the Services operate (or is legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Services or any content or functionality of the Services or portion thereof is illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide your information to us, your information will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of information in connection with the Services represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the United States, you should not use the Services. In addition, certain Content may not be available to users in certain jurisdiction. We monitor the jurisdiction or geographical location from which you access the Content to comply with any restrictions regarding the distribution of Content; you agree that we can monitor your location through IP Address or location of the Device you use to view Content.
14. Notice for California Users
Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: This website and the Services are provided by Yerba Buena VR, Inc., 4444 Yerba Buena Ave, San Jose, CA 95121. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
15. Dispute Resolution
Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to YBVR’s or its licensor’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and of its supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, YBVR will pay the additional cost. You agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if YBVR is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception-Litigation of Small-Claims- Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with YBVR and this Agreement must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
16. Choice of Law and Forum
This Agreement and your relationship with the YBVR Parties shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to Section 15, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Santa Clara, California. You consent to the exclusive jurisdiction of the federal or state courts located in Santa Clara, California. 17. U.S. Government Restricted Rights The Services shall be deemed “commercial computer software” pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Services by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable except with the other party’s prior written consent; provided, however, that either party may assign this agreement in connection with a merger, acquisition or sale of all or substantially all of the party’s assets to which this Agreement relates. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither you nor Yerba Buena has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. Yerba Buena will not be liable for any loss resulting from a cause over which it does not have direct control. This Agreement will be governed by the laws of the State of California, U.S.A. without regard to its conflict of laws provisions. The federal and state courts sitting in Santa Clara County, California, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement. You, upon prior written agreement between the parties agrees to participate in press announcements, case studies, and trade shows.
The Services are Operated By
4444 Yerba Buena Ave
San Jose, CA, 95121
Effective Date: May 16, 2019