TERMS OF USE

 

These Terms of Use ("Terms", "Terms of Use") govern your relationship with YEYU mobile application (the "Service", the “App” or the “Application”) operated by YEYU ("us", "we", or "our")

 

Please read these Terms of Use carefully before using the Service.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

YEYU reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. 

 

For clarity, as used in this Agreement

·       “User” means all individual account holder using the Service

·       “Business Customer” means all YEYU Manager account holder – and each of their employees and other personnel authorized to use the Service.

 

1) Scope

The Service is a platform for event, event data management, event registrations and payment, social content management and social network.  It allows Business Customers to coordinate, exhibits sponsor and conduct events. Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non - sub licensable access to the Application for the purposes for which the Service is provided. This license is personal to User and User will not use the Service for any direct commercial purpose (such as selling access to the Service).

 

2) Access

YEYU may change, suspend or discontinue any aspect of the Service at any time. YEYU may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old. You represent and warranty that if you are an individual, you are at least 18 years old. User also certifies that User takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

 

3) Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks , contract rights or any other rights of any person. Reproducing, copying or distributing any content, materials or design elements on the Service for any other purpose is strictly prohibited without the express prior written permission of YEYU. Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.

 

4) Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

5) Intellectual Property

User represents and warrants (i) User’s use of the YEYU Service will comply with all laws and regulations (including with respect to privacy), (ii) no content (such as documents, discussions, data, information, trademarks/logos, etc.) it submits to the YEYU Service (“User Content”) will infringe or otherwise violate any third party intellectual property rights or any laws or regulations, and (iii) User’s use of the YEYU Service will not conflict with any obligations User has to any third party. YEYU is hereby granted a non-exclusive, worldwide, perpetual, royalty-free, transferable right to use, reproduce and display such User Content as reasonably necessary to provide User with the YEYU Service. YEYU reserves the right to remove any User Content from the YEYU Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of YEYU and its licensors. The Service is protected by copyright, trademark, and other laws of both the China and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of YEYU.

 

6) Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

7) Restrictions

User shall not submit any information to the Service that is false, misleading or inaccurate.

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. YEYU reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any YEYU server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information of any other user or visitor to the Service, or any other customer of YEYU, including any YEYU account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or YEYU’s systems or networks, or any systems or networks connected to the Service or to YEYU.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to YEYU on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.

User shall not use the Service for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of YEYU or others.

 

8) Third Party Sites

The Service may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under YEYU’s control, and User acknowledges that YEYU is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by YEYU. User further acknowledge and agrees that YEYU 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 the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

 

9) Indemnification

User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless YEYU and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with User’s (i) use or misuse of the Service; (ii) access to any part of the Service, (iii) User Content, (iv) dispute(s) with any other user(s), or (v) violation of this Agreement.

 

10) Limitation of Liability

In no event shall YEYU, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

11) Business Customer Responsibility

Business Customer will be fully liable and responsible, including with respect to indemnity obligations, for all acts or omissions of any of its personnel Users. For clarity, acts and omissions by any such personnel Users shall be deemed the acts and omissions of Business Customer for all purposes of this Agreement.

 

12) Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

13) Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

YEYU its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

14) Governing Law

These Terms shall be governed and construed in accordance with the laws of China, without regard to its conflict of law provisions. 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. YEYU shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond YEYU’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub - licensable by User except with YEYU’s prior written consent. YEYU may transfer, assign or delegate this Agreement and its rights and obligations without consent.  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 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 User does not have any authority of any kind to bind YEYU in any respect whatsoever.

 

15) Privacy

YEYU’s current privacy policy is available at the Service (the “Privacy Policy”), which is incorporated by this reference. YEYU strongly recommends that you review the Privacy Policy closely.

 

16) Languages

We may translate this Terms of Use, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the App into other languages for your convenience. The English (or the Chinese) language version of each of these documents is the version that governs your use of the Service and in the event of any conflict between the English Language version and a translated version, the English language version will control.

 

17) Fees

YEYU charges Business Customers – as set forth in the App. All Fees are charged on a charging transaction fees for paid Events (“Transactions fees”). YEYU reserves the right to change the Fees and to institute new charges.

 

YEYU may use a third-party payment processor (the “Payment Processor”) to bill Business Customer. 

 

Business Customer authorizes YEYU, through the Payment Processor, to charge Business Customer’s chosen payment provider (“Payment Method”). YEYU reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of Business Customer’s payment will be based on its Payment Method and may be determined by agreements between Business Customer and the payment provider of the chosen Payment Method.

 

Business Customer shall provide current, complete and accurate information for its Billing Account. Business Customer must promptly update all information to keep its Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date, WeChat wallet details or Alipay details), and Business Customer must promptly notify YEYU and its Payment Processor if the Payment Method is canceled or if Business Customer becomes aware of a potential breach of security, such as the unauthorized disclosure or use of Business Customer’s user name or password. Changes to Business Customer’s Billing Account can be made notifying directly YEYU at contact@yeyuapp.com

 

If Business Customer fails to provide any of the foregoing information, Business Customer agrees that YEYU may continue charging for any use of transactions fees under the Billing Account.

 

As between the parties, Business Customer is responsible for withholding, filing, paying and reporting all taxes, duties, and other governmental assessments associated with its activity in connection with the Service.

 

18) Refund

It is the responsibility of the Business Customer to communicate its refund policy to Users and to issue refunds to Users via the App or otherwise. If a User desires to request a refund, User must request the refund from the Business Customer. All communications or disputes regarding refunds are between the Business Customer and User, and YEYU will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. If you are a User and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Business Customer directly.

 

19) Contact Us

If you have any questions about these Terms, please contact us. contact@yeyuapp.com