Terms of Use
Your Brand Online, Inc. Terms of Use
Your use of the products, software, services and web sites available at ybo.tech and all corresponding linked pages (collectively, the "Sites"), owned or operated by Your Brand Online, Inc. and its affiliated companies (collectively “YBO”), may be accessed only by you and only if you fully comply with the terms of use described herein ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW). BY ACCESSING THE SITES OR USING ANY PART OF THE SITES OR ANY CONTENT OR SERVICES (EACH AS DEFINED BELOW), YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS HEREUNDER, THEN YOU MAY NOT ACCESS THE SITES OR USE THE CONTENT OR ANY SERVICES. YBO'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY YBO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Eligibility
To register and receive Services you must be at least 18 years old. Further, you may only become a registered user if you live in a country and political division (e.g., state or province) that permits membership. If you do not so qualify, do not attempt to register for or use the Services. This Terms of Use will be void and without effect, and you will not be eligible to use any Services, if you do not satisfy these age and jurisdiction requirements.
3. Modifications of Terms of Use
YBO reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You shall be responsible for regularly reviewing these terms and becoming familiar with any such modifications. Your use of the Services following any modification constitutes your acceptance of the terms and conditions of the Terms of Use, as modified. In addition, when using particular YBO owned or operated services, you and YBO shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
4. Description of Service
Subject to full compliance with the Terms of Use, YBO shall provide you the Services. Services may include, but not be limited to, provision of information about YBO, its products, services, customers, partners contractors, information and similar materials provided by YBO, you or third party users, also collectively known as "Content"). YBO may change, suspend or discontinue the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content. YBO may also impose limits on the Services or restrict your access to parts or all of the Services without notice or liability. Further, YBO may offer the Services (or portions thereof) without charge ("Free Service") and/or on a paid subscription basis ("Paid Service"), as further described from time to time on the Site, as of which terms are incorporated herein by such reference. You understand and agree that the Services are provided "AS-IS" and that YBO assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications, personalization settings or Content. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
5. Your Registration Obligations
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any Services’ registration process and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YBO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YBO has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). As a condition to using portions of the Services, you are required to register with YBO and provide a valid name, email address and select a password (“Registration Data”). All information you provide to YBO shall be accurate, complete, and updated. You may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use a name subject to any rights of a person other than you without appropriate authorization; or (iii) use a name that is otherwise offensive, vulgar or obscene. YBO reserves the right to refuse registration of, or cancel an account in its sole discretion. You will receive a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify YBO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. YBO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. User Conduct
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not YBO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. YBO does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YBO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by YBO.
Accordingly, without limitation, you agree not to use the Services:
a. to abuse, harass, threaten, impersonate or intimidate any person;
b. to access, post, email, download, reproduce, display, perform, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that is unlawful, harmful, threatening, vulgar, invasive of another’s privacy, libelous, defamatory, obscene, pornographic, abusive, or offensive;
c. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user;
d. to create or submit unwanted email ("Spam") to any other user or any URL;
e. to "stalk" another user;
f. after YBO has refused registration of, or canceled your account, whether by attempting to register using a different email address or otherwise, to circumvent the account registration process;
g. for the benefit of any third party (which shall include, without limitation, allowing more than one person to use a Services account when not expressly authorized by YBO);
h. to harm minors in any way;
i. to impersonate any other person or entity;
j. to upload, email, transmit or otherwise make available Content in violation of any contractual or other legal obligation, to which you are bound;
k. to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l. to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
m. to intentionally or unintentionally violate any applicable local, state, national or international law;
n. to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
o. to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your YBO ID), use of the Services, or access to the Services; and/or
p. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through p above.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in YBO's sole discretion an unreasonable or disproportionately large load on YBO's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures YBO may use to prevent or restrict access to the Services.
The use of any information learned through the Services or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
You acknowledge that YBO may or may not pre-screen Content, but that YBO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, YBO and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by YBO or submitted to YBO, including without limitation information in all other parts of the Services.
You acknowledge, consent and agree that YBO may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of YBO, its users and the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please report any violation of the Terms of Use to the following email: support@ybo.tech.
7. Proprietor Rights
YBO respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify us as outlined below with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property infringement should be sent to the following:
By mail:
President/CEO
Your Brand Online, Inc.
407 W Imperial Hwy. Ste H #174
Brea, CA 92821
By email: pierce.denning@ybo.tech
Moreover, YBO may take any action it deems appropriate (in its sole and exclusive discretion), including, without limitation, removing, terminating or suspending any Content provided by you or any third party, if YBO believes for any reason that you or any third party possesses insufficient rights in the Content to permit full use or access through the Sites.
YBO's Rights: As between YBO and you, YBO and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by YBO and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of YBO's proprietary information.
YBO trademarks and service marks and other YBO logos and product and service names are trademarks of Your Brand Online, Inc. (the "YBO Marks"). Without YBO's prior permission, you agree not to display or use in any manner the YBO Marks.
Your Rights: It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any Content owned or controlled by third parties that you access or communicate to others in connection with the Services. Any copying, downloading, burning or distribution capabilities with respect to the Content shall not constitute a grant or waiver of any rights of the copyright owners of any Content. The availability of any Content does not transfer to you any commercial or promotional use rights in the Content.
YBO claims no ownership or control over any Content submitted, posted or displayed by you on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Services, you grant YBO a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Services for the purpose of displaying, distributing and promoting the Services or any other YBO services. This license terminates when such Content is deleted from the Services.
8. YBO Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy here.You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by YBO and its affiliates.
9. Indemnity
You will indemnify and hold harmless YBO, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damages, expenses, and costs (including reasonable attorneys' fees) arising from (i) any claim or demand made by any third party due to or arising out of your access to the Sites, use of the Services, your Content or violation of the Terms of Use, or (ii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
Third Party Content. Some of the Content displayed in connection with the Services are developed by people over whom YBO exercises no control. Accordingly, the Services may include (or direct you to sites containing) Content that some people find objectionable, inappropriate, or offensive. YBO cannot guarantee that your use of the Services will not expose you to unintended or objectionable Content and YBO assumes no responsibility for what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You hereby release YBO from all liability for you having acquired or not acquired Content through the Services. YBO makes no representations concerning any content contained in or accessed through the Services, and YBO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
General Disclaimer. THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. YBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YBO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
11. Links
The Services may provide, or third parties may provide, links to other World Wide Web sites, virtual worlds, or other resources. Because YBO has no control over such sites and resources, you acknowledge and agree that YBO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that YBO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. Interstate Nature of Communications on YBO Network
When you register with YBO, you acknowledge that in using the Services to send electronic communications, you will be causing communications to be sent through YBO's computer networks, portions of which are located in California and may be in other locations in the United States and portions of which are located abroad. As a result, and also as a result of YBO's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the Service may result in interstate data transmissions.
13. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. Contributions to YBO
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to YBO through its suggestion or feedback web pages, if any, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) YBO is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) YBO shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) YBO may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of YBO without any obligation of YBO to you; and (f) you are not entitled to any compensation or reimbursement of any kind from YBO under any circumstances.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YBO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR POSTED BY OR THROUGH THE SITES OR SERVICES.
16. Modifications to Services
YBO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that YBO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
17. Termination
You may cancel your access to the Services at anytime, and cancellation will be effective immediately. To cancel, login to your account and go to the account section and select the Close Account option.
You agree that YBO may, under certain circumstances and without prior notice, immediately terminate your YBO account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions) per above, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your YBO account includes (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in YBO's sole discretion and that YBO shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
YBO also reserves the right to terminate your account for any or no reason upon one day notice to you.
Upon termination of your account, your right to use the Services will immediately cease. YBO's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Upon Termination of your Services, YBO maintains the right to delete Content for all users created within your Services account.
18. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind YBO in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. YBO shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond YBO's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with YBO's prior written consent. You agree that your YBO account is non-transferable and any rights to your YBO ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. YBO may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Orange County and the United States District Court for the Central District of California. Notwithstanding the foregoing sentence, (but without limiting, and you hereby acknowledge and agree to, YBO's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to these Terms of Use (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. ("JAMS") Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Orange County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use 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 the Terms of Use. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YBO services, affiliate services, third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this Terms of Use. YBO may provide you with notices, including those regarding changes to the Terms of Use, by email or postings on the Services.
Terms of Use Effective Date: November 1, 2018.