Terms and Conditions of Use
Please read these conditions carefully before using the Yoyomedia.co website. By using the Yoyomedia.co website, you signify your agreement to be bound by these conditions.
These "Terms and Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
· Conditions Relating to Your Use of Yoyomedia.co
· Notice and Procedure for Making Claims of Infringement and for Notifying Yoyomedia.co of Objectionable Content
Conditions Relating to Your Use of Yoyomedia.co
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase services only for lawful purposes. Yoyomedia.co reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
The personal information / data provided to us by you during the course of usage of Yoyomedia.co will be treated as strictly confidential in accordance with the applicable laws and regulations. Your personal information that we collect includes your name, username, e-mail address, skype username, and wherever applicable, payment details. All information is encrypted and saved in secure servers. If you object to your information being transferred or used as per applicable laws and regulations, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Yoyomedia.co is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of services on the website shall be a strictly bipartite contract between you and the sellers/supplier on Yoyomedia.co.
4. Access to Yoyomedia.co
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time or for any other reason without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Yoyomedia.co grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Yoyomedia.co. This licence does not include any resale or commercial use of this website; any collection and use of any service listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Yoyomedia.co.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yoyomedia.co without express written consent. You may not use any meta tags or any other "hidden text" utilising Yoyomedia.co’s names or trademarks without the express written consent of Yoyomedia.co. Any unauthorised use terminates the permission or license granted by Yoyomedia.co.
6. Your Conduct
You must not use the website or its services in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Yoyomedia.co, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website, and the services bought on the website, for any of the following:
· for fraudulent purposes, or in connection with a criminal offense or other unlawful activity related to any human, property or computer etc.
· to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”
· to cause annoyance, inconvenience or needless anxiety
· to violate terms and conditions of any other online service provider, and websites.
7. Claims against Objectionable Content: ‘Ticket’
Because Yoyomedia.co lists hundreds of services for sale offered by sellers on the website, it is not possible for us to be aware of the contents of each service listed for sale or that is displayed. Accordingly, Yoyomedia.co operates on a “notice and takedown" basis that can be initiated through the ‘ticket’ system. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Infringement and for Notifying Yoyomedia.co of Objectionable Content.
Once this procedure has been followed, Yoyomedia.co will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time. Please note that it is at the sole discretion of the supplier to rectify any wrong that may have been committed through their services.
8. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Yoyomedia.co, or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Yoyomedia.co and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Yoyomedia.co, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract / or re-utilise parts of the contents of the website without Yoyomedia.co and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Yoyomedia.co and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and service listings) parts of this website without Yoyomedia.co and / or its affiliate's (as may be applicable) express written consent.
9. Intellectual Property Claims
Yoyomedia.co and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement and for Notifying Yoyomedia.co of Objectionable Content.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers of the services and hereby expressly disclaim and any all responsibility and liability in that regard.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, or legality of the services listed or displayed or transacted or the content (including service or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of services), software, services, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any services on the website. At no time shall any right, title or interest in the services sold through or displayed on the website vest with Yoyomedia.co shall not have any obligations or liabilities in respect of any transactions on the website.
Yoyomedia.co is only a facilitator between You and the supplier of the services listed on the website. Refunds are at the discretion of the supplier, and in normal course of action, no refunds are processed to your payment method. You are advised to use your balance on orders from Yoyomedia.co. You are entitled to a refund credit to your Yoyomedia.co account if the order placed on the website is non deliverable. Misplaced or Private account orders will not qualify for a refund. Be sure to confirm each and every order before placing it. Any fraudulent activity, as per the applicable laws, such as using unauthorized or stolen credit cards will lead to termination of Your account. You must not use more than one server at the same time for the same page – a refund will not be processed for these orders.
12. Indemnity and Release
You shall indemnify and hold harmless Yoyomedia.co, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Yoyomedia.co and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/suppliers and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of Yoyomedia.co is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Yoyomedia.co only with the involvement of a parent or guardian.
14. Other Businesses
Parties other than Yoyomedia.co and its affiliates may operate stores, provide services, or sell service lines on Yoyomedia.co. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Yoyomedia.co does not assume any responsibility or liability for the actions, services, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit Yoyomedia.co, you are communicating with us electronically. We may communicate with you by e-mail, tickets, Skype or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Terms and Conditions of Use in force at the time that you use the website or that you order goods or services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi.
21. Our Details
This website is operated by Yoyomedia.co.
For the Yoyomedia.co website, you could contact us by visiting ‘Tickets’.
Notice and Procedure for Making Claims of Infringement and for Notifying Yoyomedia.co of Objectionable Content
If you believe that your rights are being infringed, you may fill out and submit the ‘Ticket’. We respond expeditiously to rights owners and their agents who complete and submit the Ticket to communicate concerns about any alleged infringement. If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 7 above, please notify us immediately by filling-in the ‘Ticket’ as described below.
Upon receipt of a Ticket we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Ticket, you grant to Yoyomedia.co the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Ticket to the parties involved in the provision of the allegedly infringing/objectionable content. You agree to indemnify Yoyomedia.co for all claims brought by a third party against Yoyomedia.co arising out of or in connection with the submission of a Ticket.
Please keep in mind that services are listings that are merely hosted on Yoyomedia.co and are posted solely at the direction of Third Party Sellers who may be contacted by filling in the Ticket.
Important Warning: giving false, misleading or inaccurate information in the Ticket to Yoyomedia.co may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
You could use the below sample to fill in your ticket.
Subject: Claim of Objectionable Content/Infringement of Rights/Please Resolve an Issue (etc.)
I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:
1. Contact information
:(a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide us in your Account.
2. Listing's/Item’s Detail and Allegation of Infringed Right:
(a) The listing's number or detailed description of where the information that you claim is infringing your rights is located on the site; (b) A description of your intellectual property right(s) or other rights that you claim has/have been infringed.
3. Listing's/Item’s Detail and Allegation of Objectionable Content
The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in a item/service being sold by Yoyomedia.co. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].
4. The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
5. This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
7. Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights/ other rights (detail)/is objectionable and/or owned by the intellectual property owner or its agent, and/or nor is such use otherwise permissible under law."
8. Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner/ or otherwise for the rights described above."