Last updated: 04/08/24
Effective Date: 04/08/24
a. Please read these Terms (as hereinafter defined) carefully. By using the Yzzy mobile application (the “App”) (hereinafter “Yzzy Services”) or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree” or “continue”), you agree to the following terms, which will bind you at all times and in whatever manner you use the Yzzy Services. If you do not agree, or you do not have the authority to accept these Terms, you must not use the Yzzy Services.
b. The Yzzy Services is the product, provided to you by Clear Mind America Inc. These Terms of Use therefore constitute an agreement between you and Clear Mind America Inc.
c. The Yzzy Services offers the ability to connect people who would like to host experiences, passions, lifestyles, professional skills or events using our Yzzy Services (“Activity”, which term includes “Paid Activity” as defined below, as the same may be referred to in the Yzzy Services as “lifestyle”, “offer”, “wishes”, “event”, “moods”; “parties” or other similar terms), with those who would like to attend Activities. The Activities are designed for individuals to try new activities and meet new people in their area. In these Terms, anyone who uses the Yzzy Services is considered a “User” and may also be referred to as either: (a) a “Creator”, as may be referred to in the Yzzy Services as “host” or other similar terms, where User creates and hosts an Activity on our Yzzy Services; (b) an “Participant” (as may be referred to in the Yzzy Services as “attendee”, “member”) when User participates in or attends an Activity.
d. Please note, although we provide the Yzzy Services so that individuals may connect and enjoy Activities, we are not responsible for the Activities themselves, or any consequences of hosting or attending an Activity arranged through the Yzzy Service. For more details, please see Yzzy liability (Section 12) and User liability (Section 13).
e. Yzzy Services reserves the right to take enforcement actions against you if you do violate these terms, such as, for example, removing your Activity, limiting visibility, discontinuing your access to your account, or taking legal action. We may also suspend or terminate your account for other reasons, such as prolonged inactivity, risk of legal exposure, or commercial inviability.
f. You retain ownership and rights to any of your Activity you post or share, and you provide us with a broad, royalty-free license to make your Activity available to the rest of the world and to let others do the same. Conversely, we provide you a license to use the software we provide as part of the Yzzy Services, for the purpose of enabling you to use and enjoy the benefit of the App.
g. We provide the Yzzy Services on an “AS IS” and “AS AVAILABLE” basis, and we disclaim all warranties, responsibility, and liability to you or others to the extent permitted by law. You may be exposed to offensive or harmful content posted by other users. The Yzzy Services may change from time to time, and we may limit or terminate availability of the Yzzy Services or particular features to you or other users at any time.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
a. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access the Yzzy Services to ensure you understand the terms that apply at that time.
b. Provided you have registered an account with us, we will try to notify you of any changes to these Terms by email or a pop-up notice when you next access your account.
c. If you do not agree to any changes to these Terms that we may make, do not use the Yzzy Services. In addition, you may close your account by contacting us.
d. We may update and change our App from time to time, to reflect changes to needs of our Users and business. We will try to give you notice of any major changes.
a. You create an account in the Yzzy Services by following the on-screen instructions for the purposes of the becoming a “User”. As part of this process, you will need to create a Username and provide certain information about you in order to create your account. Please see our Privacy Policy for how we use this information.
b. We reserve the right to deny or remove any Username or nickname selected by you for any reason at any time, including if we suspect any breach of these Terms, in which case you will need to select a new username and/or nickname in order to keep using the Yzzy Service.
c. All information provided by you when creating an account must be accurate and complete. If your account information changes at any time, you must update it as soon as possible.
d. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent.
e. You must treat all account information as confidential, and you must not share it with anyone else. Only you can use your account and you are responsible for keeping your verification details. If you know or suspect that anyone other than you knows your password, you must promptly notify us, please contacting us.
f. We have the right to disable any User identification code or password (which includes access to your account), whether chosen by you or allocated by us, at any time, in our sole discretion and with immediate effect, including (but not limited to) if in our reasonable opinion you have failed to comply with any of these Terms. We will notify you in the Yzzy Services if this occurs.
g. By creating an account, you also confirm that:if you are a Creator, you will provide Activities in accordance with all applicable laws and guidelines, including applicable health and safety requirements and equal protection laws;if you are a Participant at an Activity, you will comply with all applicable laws and guidelines, including applicable health and safety requirements, while attending that Activity;you are not currently restricted in any way or pursuant to any applicable laws from offering, hosting, or attending an Activity.
h. After creation and verification of your account and data you’ve provided for, you become a “User” with the “Baby” status. Newbie status gives you an access to the content and activities with no access to activity creation. To improve your account status and get the advanced status called “Making” system has to require additional information and actions, such as wallet creation (as described below), uploading an avatar, and other information requested and app. Making status gives you an access to create the Paid Activities.
a. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Yzzy community.
b. Access to our Yzzy Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, restrict availability of all or any part of our Yzzy Services for business, security and operational reasons or change all or any part of the Yzzy Services and/or Yzzy Content without notice. In no event shall Yzzy be liable to you due to any unavailability of Yzzy Services and/or Yzzy Content for any reason.
c. You are responsible for making all arrangements necessary for you to have access to the Yzzy Services.
d. You are also responsible for ensuring that all persons who access the Yzzy Services through your internet connection and/or devices are aware of these Terms, and that they comply with them.
a. Types of Activities
is a service provided by the “User” in online or offline format. “Offer” is visible for all users and may be free or paid. Offer’s payment is made through a payment provider.
a request for a service or event that the “User” publishes to receive feedback from other users willing to provide this service on the terms and conditions described by the creator’s request. “Wish” is visible for all users and may be free or paid. Wish’s payment is made through a payment provider. The Yzzy Services give the functional to publish the “Private Wish”, aimed to the direct “User” from whom the “Creator” wants to receive a service or hold an event.
is a media content, photo or short video not exceeding 30 sec., that “User” publishes on its’ page for free or on a paid basis. LifeStyle’s payment is made through an In-app purchase.
is an offline activity aimed to limited or unlimited number of users, published by the “Creator” on its’ page. The functional of the Yzzy Services allows to publish “Participation by request”, it means when the “User” have made a request for participation in the “Event”, Creator will review all requests for the applicable activity and will select which of Users who have made a request will be entitled to participate in the activity. The Creator shall have full discretion over the selection of participants including the overall number of accepted participants. We do not guarantee that you will be selected for any given activity. Event’s payment is made through a payment provider.
Is a free charge activity which includes the intention to perform an action and the offer to other users to join the creator to perform the described action. The validity duration of the “Mood” is 6 hours from the creation.
b. Each Activity that Creator hosts for free without monetizing by selling a registration to Activity through Yzzy Services is referred to herein as a “Free Activity”. Creator may create a Free Activity, in this case User is not required to make any purchase, payment, donation, or other financial contribution to be able to submit a Request or join the Activity. No payment of any kind shall be taken as part of making a Request. Any Donation payments are voluntary. Creator is also not permitted to request any incentive of any kind in return for providing an Activity. In the case of Free Activity, a Creator may, in its discretion, request that Participants contribute the cost of their own participation in the Activity (e.g., ticket price, food and drink) if applicable, but any such contribution must be arranged between the Creator and Participants. We do not and cannot facilitate any payment between Users in respect of Free Activities.
c. We expressly disclaim any responsibility or liability for payments and fees exchanged between Creators and Users in respect of Free Activities. Users should use common sense in deciding whether to make a payment to any Creator in respect of Free Activities and assume all risk in exchanging money or making payments to a Creator.
d. The Creator may create, promote and host an Activity and monetize sales from registrations to that Activity (“Paid Activity Service”). Each Activity that the Creator chooses to monetize by selling a registration through the Yzzy Services is referred to as a “Paid Activity”. Payment terms and provisions applicable to Paid Activities are set forth in the Section 7 of these Terms.
e. Creator should avoid changing or canceling a confirmed Activity whenever possible. If a change or cancellation is necessary, Creator must do so with timely notice to the Participant and no later than 3 hours before Activity starts. Cancellations should be rare, unless for weather, safety, or force majeure reasons. Creator agrees to notify Yzzy and Participants of Activity cancellation in advance.
f. The Yzzy Services, or Creator, may require additional verifications or other information from the “User” prior to selecting the User to participate in the Activity. If any information User provides is incomplete or inaccurate, User may not be able to participate in the Activity. When hosting or attending an Activity, the Creator and/or Participant must act with respect towards other Users. In particular, the Creator and/or Participant must not:do anything that is not permitted under applicable local, national, or international law or regulation;act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;harm or attempt to harm any User, or any other adult, child, or animal, in any way; orbully, insult or humiliate any User or other person.
We reserve the right to limit, change or cancel any Activity where we have a reason for doing so, at our sole and absolute discretion, even after the User has submitted a Request or been accepted by the Creator to participate in an Activity. If this happens, we will do our best to notify User in advance via the Yzzy Services if it is possible for us to do so. If we cannot notify the User in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter. Creator will be the main contact for Participants with the Activity requests and complaints, including refund requests (“Claims”), please, contact us to obtain Creator’s contact details.
a. The Creator is responsible for providing all equipment, including supplies, vehicles, venues, and other materials (“Equipment“) necessary to host an Activity. The Creator is solely responsible for ensuring that the Equipment used in an Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Creator assumes all risk of damage or loss to Equipment. Yzzy expressly disclaims any liability whatsoever arising out of the use or failure of Equipment at an Activity, and the Creator agrees to hold Yzzy harmless from the same.
b. When creating an Activity, the Creator must, where applicable, fully educate and inform Participant about:any risks inherent or incidental to the Activity;any requirements for participation, such as the minimum age, related skills, or level of fitness; andanything else they may need to know to safely participate in the Activity (including dress codes, equipment, special certifications, or licenses, etc.).
c. The Creator is responsible for:understanding and complying with all laws, rules and regulations that may apply to the Activities;obtaining any required licenses, permits, or registrations prior to providing the Activity; andensuring that creating and/or hosting of an Activity will not breach any agreement the Creator may have with any third party.
a. “Users” in a Paid Activity will make a one-time direct payment to the Creator to participate in the Paid Activity (“Direct Payment”), via a third-party payment processor (“Paid Activity Payment Processor”). The Creator will collect all Direct Payments through the applicable Paid Activity Payment Processor. Yzzy may receive as fee a portion of Participant’s payment for Paid Activity (“Yzzy Fee”). Paid Activity Payment Processors may charge a fee for facilitating the transaction, which may be deducted from your payment (“Paid Activity Payment Processor Fee”). Yzzy Fee and Paid Activity Payment Processor Fee are final and not refundable, unless required by law.
b. Creation of Paid Activities by Creator is regulated by Paid Activity Terms and Conditions.
c. Only Creators duly registered and authorised by Yzzy may collect Direct Payments.
d. Participant payments will be held by the Paid Activity Payment Processor until such time as the Participant has been accepted into the Paid Activity. Once selected to participate in the Paid Activity, Participant will have the opportunity to approve or cancel the payment. If the Participant approves, the money will be released to the Creator. If Participant is not selected for the Paid Activity or Participant declines the payment once selected, the money will be returned directly to Participant by the Paid Activity Payment Processor.
e. Yzzy accepts no (and disclaims all) obligation or liability with respect to such collection or the performance or non-performance of such Paid Activity Payment Processor. To the fullest extent permitted by law, Yzzy assumes no liability for Paid Activities or Direct Payments and Creator shall indemnify, defend, and hold Yzzy harmless from the same. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.
f. All Direct Payments are final and non-refundable, unless required by law. Participants may contact Yzzy to get Creators’ contact details to resolve the issue of any request for refunds.
g. Creator will remain fully responsible for chargeback costs and refunds. Creator will bear sole responsibility for meeting its refund obligations under this Terms and the Paid Activity Terms.
h. Yzzy does not directly process payments and does not access or store Participant`s credit card information in any form. When making a payment, the Participant will enter credit card details into a form supplied directly by the Paid Activity Payment Processor that will be processing the payment. Yzzy shall not be responsible for or liable for the collection, handling or processing of any payment(s), including for any delays which may occur or any failure of reception. You are advised to read and be familiar with the data handling policies of the Paid Activity Payment Processor for terms and provisions that apply to their collection, storage, handling and processing of your personal data. Your decision to provide payment information to a Paid Activity Payment Processor is done so at your sole and absolute risk.
i. You are responsible for all applicable fees and charges incurred, including applicable taxes.
j. Apple App Store or Google Play Refunds. Your purchase will be subject to Apple App Store or Google Play applicable payment policy, which may or may not allow for refunds. Please contact the third party (Apple App Store or Google Play support) regarding any refunds. We are unable to view, access, or modify any financial transactions from Apple (as defined below) in-app purchases for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple in relation to your purchases to request any refunds.
If made via a Google in-app purchase learn more about refunds from Google Play please contact us. You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE SUBSCRIPTION FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED SUBSCRIPTION, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
a. The Yzzy Services offers the type of subscription as “Folllows” that allows you to get access to chat and interact with the “Creator”, as described at the point below.
b. You can a one-time purchase a “Follows” within App, such as Apple App Store, Google Play. By purchasing, you authorize us to one-time charge the relevant fees to the payment method stipulated by the Yzzy Services. The “Follows” has no subscription period, and can’t be terminated unless you won’t violate these Terms. In case of termination your “Follows” no refunds will be provided.
c. “Follows” allows you to access, view, and interact with exclusive Content, or “Creator” itself.
d. We reserve the right to change our “Follows” fee or adjust pricing that will be applicable to your future purchases for Yzzy Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
a. The following are types of content you will encounter through your use of the Yzzy Service:“Yzzy Content” means any content published or made available by us through the Yzzy Services (as well as any emails and our notifications); and“User Content” means content provided by other Users of the Yzzy Service, including details of Activities and feedback or comments provided by Participants through the Yzzy Service. Additional terms concerning User Content are addressed in the section below (Community Guidelines).
b. Yzzy Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the Yzzy Services in accordance with these Terms.
c. Yzzy is the owner and/or legal licensee of all intellectual property rights in the Yzzy Content and the Yzzy Services. You have no intellectual property rights in, or to, the Yzzy Content and the Yzzy Services other than the right to use them in accordance with these Terms. We may update our Yzzy Services and the Yzzy Content from time to time. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Yzzy Services.
d. All User Content on the Yzzy Services is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.
e. Yzzy, the Yzzy logo and all other Yzzy product or service marks are trademarks of Yzzy and considered Yzzy Content. All intellectual property, other trademarks, logos, images, product, and company names displayed or referred to on the Yzzy Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Yzzy Services is strictly prohibited. Yzzy will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
f. You (or your licensor if applicable) own any User Content that you upload to the Yzzy Services. When you upload any User Content, you must ensure that you have all necessary rights to post the User Content, and that you own, or have all necessary permissions from the owner of, the User Content. By uploading such User Content, you affirm that you have such rights.
g. You acknowledge and agree that User Content may be published and viewed by other Users, and we do not guarantee any confidentiality with respect to any User Content you upload. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. When posting any User Content, you must comply with the content standards set out in the section below (Section 10).
h. You must act in good faith when uploading any User Content and we rely on you complying with the Content Standards in their spirit as well as to the letter. Content Standards apply to each part of any User Content as well as to its whole.
i. By submitting User Content to the Yzzy Services, you grant us a license to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, create derivative works of, publicly display, publicly perform, advertise and otherwise exploit the User Content in connection with the Yzzy Services and our business, including without limitation for providing, promoting and redistributing part or all of the Yzzy Services (and derivative works thereof) in any and all media formats and through any and all media channels. This license gives us rights worldwide which do not expire and which are irrevocable, and which do not require us to make any payment to you. We may transfer or sub-license this license to others.
j. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your name, nickname, Username, image, voice, silhouette, likeness, any photograph/video of you, statements, endorsement and appearance and any other part of your personality to identify you as the source of any of your User Content.
k. We welcome any feedback from you about the Content, the Yzzy Services or otherwise, including how they can be improved. All feedback you provide is considered to be User Content and as such, you agree to grant us a license to use your feedback as set out above. Your feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your feedback and will be entitled to the unrestricted use and dissemination of your feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your feedback to us, which we will take into account to provide accurate information to other users about Yzzy’s user experience. If we decide to make your feedback public, we will not use any of your personal data, unless you explicitly consent to it.
l. We do not actively monitor User Content; however, we reserve the right to remove any material we deem to be in violation of these Terms or the Content Standards, and/or suspend or terminate your account at any time in the event we consider you and/or any User Content you upload has breached these Terms, including the Content Standards.
m. You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorised to act on your behalf.
n. When you upload any User Content, you must ensure that (i) you have all necessary rights to upload, edit, store and share User Content, and that you own, or have all necessary permissions from the owner of, the User Content (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Yzzy and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightsholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Yzzy; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. By uploading such User Content, you affirm that you have such rights.
o. By posting User Content publicly including, but not limited, to tagging Yzzy on social media (through direct mentioning or via a hashtag), you grant to Yzzy a worldwide, non-exclusive, royalty-free, sublicensable, revocable and transferable license to use that User Content, and namely reproduce, distribute, modify, create derivative works, publicly display and publicly perform or otherwise use that respective User Content or any of its part, for the purpose of promoting and advertising Yzzy and the Company’s services (“marketing license”). You may revoke this marketing license any time by contacting us.
p. The user hereby acknowledges the right of Yzzy to publish any photos or video footage taken at Activities on Yzzy Services and on Yzzy official social media accounts. If you wish to refuse above, you must clearly express this wish to the photographer or cameraman at Activity. You may request to remove photos or videos already published on Yzzy Services or on Yzzy official social media accounts by contacting us.
a. When you upload the User content, we except your content:be accurate (where it states facts) or genuinely held (where it states opinions), and be kept up to date at all times;not be defamatory, offensive, bullying, hateful, deceptive, threatening, abusive or in contempt of court;not promote sexually explicit material, violence, discrimination or any illegal activity;not infringe any intellectual property rights (including copyright, database rights or trademarks) of any other person;not breach any legal duty owed to a third party, such as a contractual duty or a duty to maintain confidentiality;not contain any advertising or promote any services or web links to other sites; andcomply with all applicable law.
b. You must not modify any copy of any of the Content or any other information or materials taken from the Yzzy Services that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
c. If you print off, copy, or download any part of the Yzzy Services or the Content other than as permitted under these Terms, your right to use the Yzzy Services and/or any of the Content (or any account you have with us) will stop immediately and you must, at our option, either return or destroy any copies of the materials you have made.
d. Except as set out in these Terms, nothing on the Yzzy Services should be taken as us granting (whether implied or otherwise) any license or right in or to our intellectual property rights without our express written permission.
e. Where the Yzzy Service contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
f. The Yzzy Services may include information and materials uploaded by other Users, including information about Activities provided by Creators. This information and these materials have not been verified or approved by us. The views expressed by other Users (including Creators) on the Yzzy Services do not represent our views or values.
a. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Yzzy Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to Yzzy Services at contact us.
b. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
c. You may stop using the Yzzy Services at any time. You may close your account and terminate the use of Yzzy Services at any time by following the on-screen instructions.
d. From time to time and without prior notice to you, we may change, expand, and improve the Yzzy Services. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the Yzzy Services. does not entitle you to the continued provision or availability of the Yzzy Services. Any modification or elimination of Yzzy or any particular features will be done at our sole discretion.
a. Our Service is provided “as is,“ and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
b. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Yzzy Services.
c. Our responsibility for anything that happens on the Yzzy Service (also called “liability“) is limited as much as the law will allow. If there is an issue with our Yzzy Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable“) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
d. You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
a. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
b. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Yzzy, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Yzzy Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defense or settlement of any such matters.
c. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
d. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Yzzy Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Paid Activity Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.
e. If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
f. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
g. You are responsible for configuring your information devices, technology, computer programs and platform in order to access the Yzzy Services and the Content. You should use your own virus protection software to protect these. Any failure to comply with this provision, could cause you to commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the Yzzy Services (and the Content) will cease immediately.
(APPLICABLE TO U.S. USERS ONLY) TO EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YZZY SERVICES, THESE TERMS AND/OR THE PRIVACY POLICY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUESE OF ACTION AROSE OR BE FOREVER BARRED.
a. Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Privacy Policy (“claim(s)“) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Yzzy users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
b. Instead of using arbitration, you or we can bring claims in your local “small claims“ court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
c. The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act.
d. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Yzzy account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Clear Mind America Inc., 418 Broadway, STE R, ALBANY, NY, 12207, USA.
e. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Yzzy account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Clear Mind America Inc., 418 Broadway, STE R, ALBANY, NY, 12207, USA. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Instagram account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
f. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of New York or a state court located in Albany. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
g. The laws of New York State, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
a. Electronic Communications. The communications between you and Yzzy may take place via electronic means, whether you visit the Yzzy Services or send Yzzy e-mails, or whether Yzzy posts notices on the Services or communicates with you via e-mail. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
b. Assignment.These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
c. Force Majeure.Yzzy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, epidemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
d. Exclusive Venue.Both you and we agree that all claims and disputes arising out of or relating to these Terms of Service will be to the non-exclusive jurisdiction of the State of New York.
e. Governing Law.The Terms of Service and any action related thereto will be governed and interpreted by and under the laws of the State of New York. You acknowledge that the Yzzy Services is controlled in and originates from the United States and that only persons located in the United States are currently permitted to access the Yzzy Services as Users. We make no claims that the Yzzy Services or any of the Content is accessible or appropriate outside of United States. Access to the Yzzy Services may not be legal by certain persons or in certain countries. If you choose to access the Yzzy Services from outside United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with applicable local laws.
f. Choice of Language.It is the express wish of the parties that these Terms of Service and all related documents have been drawn up in English.
g. Notice.Where Yzzy requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms of Service, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at support@yzzyapp.com.
h. Waiver.Any waiver or failure to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
i. Severability.If any portion of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
j. Third-Party Rights.These Terms of Services are between you and us, and no other person shall have any rights to enforce any of its terms.
k. Entire Agreement.These Terms of Service, together with any Supplemental Terms, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede all prior discussions between the parties with respect to such subject matter.
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