Terms of Service

Welcome to Yomod (the "Service")! The Service is owned and operated by Yomod, LLC ("Yomod"). It's important to us that the Service provides a safe, fun environment where our members and visitors can safely explore social networking. Our members and visitors are generally tweens, so it's imperative their parent or guardian read and agree to these Terms of Service, both on behalf of the member or visitor and themselves. If you and your parent or guardian do not agree to these Terms of Service, you may not access or use the Service.

Parental Consent

By using the Service, you (or, if you are under 18 years old, your parent or guardian) agree to these Terms of Service. If you register to become a member of the Service, your parent or guardian must complete the registration process on the JOIN page with you. By clicking "SUBMIT" to complete your membership registration, your parent or guardian confirm their agreement to these Terms of Service and they consent to our collecting and using any information we obtain about you in accordance with the provisions of our Privacy Policy. The Service is 100% free, but we use parent or guardian credit card details to verify parental consent and help keep the Service safe.

Responsibilities

In order to access some features of the Service, you may have to register to become a member. When you register to become a member, Yomod collects certain information about you. You and your parent or guardian agree to:  (a) provide true, accurate, current and complete information as prompted by the registration form and (b) maintain and update such information so that it is accurate, current and complete at all times. In addition, you and your parent or guardian agree not to use the Service to:  (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (iv) transmit any material that contains adware, spyware, 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; (v) stalk, harass or harm another individual; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. You further agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Service servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser. Notwithstanding the foregoing, Yomod may allow operators of public search engines to use spiders to index publically available materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Yomod reserves the right to revoke these exceptions either generally or in specific cases. Yomod also reserves the right to terminate the accounts of or ban persons who violate these Terms of Service with or without notice the terminated or banned persons.

Ownership

The content on the Service, other than Submissions (defined below), including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the YOMOD word mark and the YOMOD logo, as well as certain other of the names, logos, colors and materials displayed on or through the Service that constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") are owned by or licensed to Yomod and are subject to copyright, trademark or other intellectual property rights under U.S. and international laws. The Content and Marks may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Yomod and its applicable licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes the Service or any portion of the Service. The Service is provided for your personal, non-commercial, entertainment use only. You must abide by all copyright notices, information or restrictions contained in or associated with any Content.

Submissions

The Service may enable you to submit your videos, photos, or other personal media content to the Service for hosting, display and distribution to other users of the Service (collectively "Submissions"). Between you and Yomod, you own your Submissions. By providing a Submission to Yomod, you (or, if you are under 18 years old, your parent or guardian) hereby grant to Yomod and its affiliates a non-exclusive, fully paid, royalty free, worldwide, transferable, sub-licensable, license to display, publicly perform, distribute, store, transcode, syndicate and broadcast your Submissions on or through the Service. Yomod is not required to host, display or distribute any Submissions, and may refuse or remove them at any time. By providing a Submission to Yomod, you (or, if you are under 18 years old, your parent or guardian) represent and warrant that:  (a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video or digital recording and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to Yomod the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees and any other financial obligations, of any kind, arising from any use of your Submissions; (c) you are the individual pictured or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under 18 years old) who appears or is heard in your Submissions to grant the rights to Yomod described herein; (d) you will make such permissions available to Yomod upon Yomod's request; and (e) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to Yomod upon Yomod's request. You further agree that Yomod and its affiliates are free to use for any purpose whatsoever any ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback ("Feedback"), whether oral or written, you provide to Yomod or its affiliates. You acknowledge and agree that you have no expectation of privacy or remuneration of any nature to you, and that Yomod has no duties to you, with respect to Feedback.

Monitoring

Yomod's staff uses commercially reasonable efforts to review Submissions and conduct on the Service to ensure it is safe and age-appropriate. Yomod's staff does not, and will not, review Submissions for intellectual property infringement. However, Yomod makes no warranties, express or implied, as to any Submissions. You (and your parent or guardian) are solely responsible for Submissions that you submit on or through the Service and for your interactions with members and other users on the Service. The Service is intended to be secure and age-appropriate. To accomplish this goal, Yomod reserves the right to delete, modify or substitute any Submission or content submitted by you, in its sole and absolute discretion, with or without notice to you.

Protecting Your Intellectual Property Rights

Yomod respects the intellectual property of others and we ask members and visitors to do the same. Upon proper notice, Yomod will remove Submissions that violate copyright law, will suspend access to the Service (or any portion thereof) to any user who uses the Service in violation of copyright law, and will terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. section 512, Yomod has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Yomod's copyright agent a notification of claimed infringement with all of the following information:  (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Yomod to locate the material on the Service; (c) information reasonably sufficient to permit Yomod to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please send a notification of claimed infringement with all of above enumerated information to the following Yomod copyright agent: Notification of claimed copyright infringement should be directed to: copyright@yomod.comPlease do not send inquiries unrelated to alleged copyright infringement to Yomod's designated agent.

Termination

Your right to use the Service automatically terminates if you violate these Terms of Service or any rules or guidelines posted in connection with the Service. Yomod reserves the right, in its sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT YOMOD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Service at any time. Yomod reserves the right to investigate your use of the Service in the event Yomod, in its sole discretion, believes you have violated these Terms of Service.

Modifications

Yomod reserves the right to modify or discontinue the Service with or without notice to you. Yomod shall not be liable to you or any third party should Yomod exercise its right to modify or discontinue the Service.

Password and Security

You are responsible for maintaining the confidentiality of your Service password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Yomod of any unauthorized use of your password or any other breach of security related to the Service. Yomod reserves the right to require you to alter your password if Yomod believes that your password is no longer secure. YOMOD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

Disclaimers

YOU (OR, IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR GUARDIAN) EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOMOD AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOMOD AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE. YOMOD AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOMOD AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOMOD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU (OR, IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR GUARDIAN) UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOMOD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SERVICE.

Exclusions and Limitations

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 and disclaimers may not apply to you. To the extent Yomod may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Yomod's liability shall be the minimum permitted under such applicable law.

Indemnification

You (or, if you are under 18 years old, your parent or guardian) agree to indemnify, defend and hold harmless Yomod, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur arising from or relating to (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post or transmit on or through the Service; (b) your (or anyone using your account's) use of the Service; (c) your (or anyone using your account's) violation of these Terms of Service; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, privacy, publicity, contact or other proprietary rights of any person or entity. Yomod reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Yomod in asserting any available defenses.

Disputes

These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles or rules, regardless of where you live. You agree that any and all disputes or controversies of any nature between Yomod and you arising from or relating to the Service must be submitted to JAMS for binding arbitration under its Streamlined Arbitration Rules and Procedures ("Rules"). Such arbitration will be held in San Francisco County, California, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, the foregoing shall not prevent Yomod from seeking injunctive relief in a court of competent jurisdiction. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek or obtain injunctive or other equitable relief or any order to enjoin, restrain or otherwise impair in any manner the Service, or the use, publication or dissemination of any advertising in connection with the Service. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING FROM OR RELATING T0 THESE TERMS OF SERVICE, THE BREACH THEREOF AND THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Change of Control

In the event of a merger, acquisition or sale of all or substantially all of Yomod's assets or the Service to a subsequent owner or operator, your continued use of the Service signifies your agreement to be bound by any terms of service, user agreement, privacy policy or other posted policies of the subsequent owner or operator of the Service.

Links

The Service may contain links to third party Web sites or Internet resources that are not owned or controlled by Yomod. Yomod's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Yomod's endorsement of such other Web site or resource or its contents. YOMOD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE.

Miscellaneous

These Terms of Service, together with any other rules or guidelines posted in connection with the Service, constitute the entire and exclusive and final statement of the agreement between you and Yomod with respect to the subject matter hereof, and govern your use of the Service, superseding any prior agreements or negotiations between you and Yomod with respect to the subject matter hereof. The failure of Yomod to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Service is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms of Service shall continue in full force and effect.

Modifications to Terms

Yomod may change these Terms of Service from time to time. Yomod will post a copy of these Terms of Service as changed on the Service. Your continued use of the Service constitutes your agreement to abide by these Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Service.

Effective Date: May 1, 2007.