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yellvideochat · 3 years

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Welcome to YELL!

We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and YELL. So please read them carefully.

By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.

The following Terms of Service outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the App or the Service or through your ability to sell products on the App and generate User Contributed Content (as defined herein). Please also review our Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling any personal information that you may provide to us.

(“YELL,” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound bythese terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND YELL AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND YELL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1. Who Can Use the Services No one under 18 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that: You can form a binding contract with YELL; You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the United States Government, you agree to the Amendment to YELL Terms of Service for the United States Government.

You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, YELL shall not be liable as it cannot verify the age of its users. If you are under 18years old, do not attempt to register or use the App or the Service. Ifyou are under the age of 18, you may use the Service, with or without registering, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.

The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. YELL may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. 2. Rights We Grant You YELL grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for thesole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.

Any software that we provide you may automatically download and install upgrades, updates,or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. 3. Rights You Grant Us Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all Services, you grant YELL a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Because Local is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Local or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary,you also grant YELL and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, Local content that you upload or send. This means, among other things, that you will not be entitled to any compensation from YELL or our business partners if your name, likeness or Local.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for YELL letting you access and use the Services, you agree that YELL, its affiliates, and third-party partners may place advertising on the Services.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you. 4. Content Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. YELL does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the YELL Parties (as defined below) from any and all claims and demands arising out of or relating to any Content. 4.1. Your Content You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that YELL (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. YELL RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE. 5. Privacy Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that YELL can collect, use, and transfer your information consistent with that policy. 6. Respecting Other People's Rights YELL respects the rights of others. And so should you. You therefore may not upload, send, orstore content that: violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right; bullies, harasses, or intimidates; defames; or spams or solicits YELL's users; is inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by YELL in its sole discretion; introduces viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, - is reverse look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of obtaining information of any User or visitor; attempts to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means; uses any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System; asks or offers sexually explicit images or engage in any activity harmful to minors or otherwise violates these terms.

You must also respect YELL's rights. These Terms do not grant you any right to: use branding, logos, designs, photographs, videos, or any other materials used in our Services; copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except asset forth in these Terms; defames; or spams or solicits YELL's users;

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content contributed by YELL users, such as content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information aswe reasonably believe is necessary to: satisfy any applicable law, regulation, legal process or governmental request; enforce these Terms of Service, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security or technical issues; respond to member support requests, or protect our rights, property or safety, and that of our users and the public.

We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.

You understand that by using or accessing the App or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss ordamage of any kind incurred as a result of the use of any YELL content or content posted by users which are posted, emailed, transmitted or otherwise made available on the App or through the Service. 7. Respecting Copyright You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). YELL respects the legal rights of others, and asks that its users do the same.

YELL honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if YELL becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please notice with us: [email protected]

If you file a notice with our Copyright Agent, must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; identify the copyrighted work claimed to have been infringed; identify the material that is claimed to be infringing or to be the subject of infringing activityand that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; provide your contact information, including your address, telephone number, and an email address; provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8. Safety We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use any robot, spider, crawler, scraper, or other automated means or interface toaccess the Services or extract other user's information. You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, negatively affect, orinhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user's account, username, or password without their permission. You will not solicit login credentials from another user. You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security ofthe Services. You will not attempt to circumvent any content-filtering techniques we employ, or attempt toaccess areas or features of the Services that you are not authorized to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting YELL users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way. 9. Your Account You are responsible for any activity that occurs in your account. So it's important that you keep your account secure.

By using the Services, you agree that, in addition to exercising common sense: You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You will not buy, sell, rent, or lease access to your YELL account without our written permission. You will not share your authorization data. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to YELL Support at [email protected]

Important FAQ for your Account:

1. Why my account is blocked? All the blocked users had certain pornographic behaviors. Any pornographic, naked, sexual and offensive behaviors or contents are NOT ALLOWED, including pornographic words and contents in the username or in profile pictures. Inappropriate dressing or words are not allowed either.

2. How do I report when I encounter the inappropriate or pornographic behaviors? You can report him/her during video chat or in your match history. 10. Purchases and Payments We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead you buy enough app coins to use them. You'll always be shown the price for Services before you complete a purchase. But YELL does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, dependingon where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT YELL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.

It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

YELL does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.

YELL offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by YELL. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account(e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the YELL application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on YELL or deleting the YELL application from your device does not cancel your subscription; YELL will retain all funds charged to your application platform until you cancel your subscription.

Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, notYELL. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact Google Play customersupport with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). 11. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

YELL may use carrier distributed mobile messaging (SMS) to verify ownership of a registeredmobile phone number. 12. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. YELL is not responsible or liable for those third party's terms or actions taken under the third party's terms. 13. Modifying the Services and Termination We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop theServices altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

YELL may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any reason.

Both you and YELL continue to be bound by Sections 3, 6, 10, 13-20 of the Terms. 14. Indemnity You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless YELL, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: your access to or use of the Services; your content; your breach of these Terms. 15. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE YELL ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE,OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY YELL CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

YELL TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH YELL WILL BE RESPONSIBLE FOR. 16. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, YELL AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF YELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL YELL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID YELL, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 17. Arbitration, Class Waiver, and Jury Waiver PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH YELL, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Applicability of Arbitration Agreement.All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and YELL are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration Rules. United States Arbitration Law governs the interpretation and enforcementof this dispute-resolution provision. Arbitration will be initiated through the United States International Economic and Trade Arbitration (“USIETAC”). If the USIETAC is not availableto arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Additional Rules for Non-appearance Arbitration.If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and YELL. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms.The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and YELL. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATEDJOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. Confidentiality.No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Right to Waive.Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. Opt-out.You may opt out of this arbitration agreement. If you do so, neither you nor YELL can force the other to arbitrate. To opt out, you must notify YELL in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your YELL username and the email address you used to set up your YELL account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. Small Claims Court.Notwithstanding the foregoing, either you or YELL may bring an individual action in small claims court. Arbitration Agreement Survival.This arbitration agreement will survive the termination of your relationship with YELL. 18. Choice of Law Except to the extent they are preempted by the laws of the United States, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims. 19. Severability If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. 20. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditionsfor specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. 21. Final Terms These Terms make up the entire agreement between you and YELL, and supersede any prior agreements. These Terms do no create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control. Contact Us YELL welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visitingYELLapp.net or use email: [email protected] Privacy Policy | Billing Terms | Terms of Service | Contact Us | Investors

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yellvideochat · 3 years

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Privacy Policy 1. Introduction Welcome to YELL's mobile (the “App”) and web-based applications (the "Service") When you use the Service, we process your Personal Data and other information. "Personal Data" means any data that allows us (regardless, whether we do this or not) to identify you (also "User") as a natural person.

Your privacy is important to us and we have prepared this Privacy Policy to explain to you: What information we collect and why. How we use and share that information. How you can access and update that information.

BY USING THE SERVICE, you consent to the collection and use of the Personal Data and other information as outlined in this Privacy Policy & YOU PROMISE US THAT (I) YOU HAVE READ, UNDERSTAND AND AGREE TO THIS PRIVACY POLICY, AND (II) YOU ARE OVER 18 YEARS OF AGE (OR HAVE HAD YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS PRIVACY POLICY FOR YOU). If you do not agree, or are unable to make this promise, you must not use the Service. In such case, you must (a) delete your account using the functionality found in “Settings” in the App, or contact us and request deletion of your data; (b) cancel any subscriptions using the functionality provided by Apple (if you are using iOS) or Google (if you are using Android); and (c) delete the App from your devices.

This Privacy Policy is incorporated by reference into the YELL's Terms of Service. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us at [email protected]

'GDPR' means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. 2. Сategories of personal data we collect We collect data you give us voluntarily (for example, when you send us an email). We also may receive data about you from third parties (for example, when you connect with Facebook). Finally, we collect data automatically (for example, your IP address). 2.1 Data you provide us Information that you provide us with when setting up your profile; including but not limited to registration data, account settings and content that you add to your profile such as your email address, username, telephone number, photos (including those which have been deleted from your profile) and other media files, information about your interests and activities, your gender and age and other personal characteristics and demographic information. When you choose to connect your social media account to your Service profile, we collect certain Personal Data from that social media website. Information may also be provided by corresponding with us (by email or chat, for instance), when you report a problem with the Service etc. 2.2 Data that we generate from your use of the Service For example: data regarding the pages you visit, your interaction with other users, posts you share and data regarding the use of the Service functionality. 2.3 Data provided by third parties When you decide to log in using Facebook, we get personal data from your Facebook account. This includes your profile image, name, gender, age and Facebook ID. Unless you opt out on the Facebook Login screen, we will also collect other data, such as email address or phone number.

For more information, please refer to the Facebook Permissions Reference (describes the categories of information, which Facebook may share with third parties and the set of requirements) and to the Facebook Data policy. In addition, Facebook lets you control the choices you made when connecting your Facebook profile to the App on their Apps and Websites page. 2.4 Data we collect automatically Data about how you found us We collect data about your referring app or URL (that is, the app or place on the Web where you were when you tapped on our ad).

Device and Location data. We collect data from your mobile device. Examples of such data include: language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, and Facebook ID.

Usage data We record how you interact with our Service. For example, we log your taps on certain areas of the interface, the features, and content you interact with, how often you use the App, how long you are in the app and your subscription orders.

Advertising IDs We collect your Apple Identifier for Advertising (“IDFA”) or Google Advertising ID (“AAID”) (depending on the operating system of your device). You can typically reset these numbers through the settings of your device’s operating system (but we do not control this).

YELL may also collect and gather non-personally identifiable information, such as certain profile information including country of residence and preferences. In addition, YELL may collect and store information about your and others’ usage of and interaction with the Service, including matches, numbers of matches made by members, match durations, text messages, usage by geographies, device and connection information, IP address, device capability, bandwidth, statistics on page views, network type and traffic to and from our Service.

YELL allows you to share text messages, photos, screenshots, videos and other communications in the YELL application with other users, and if you choose to do so your text messages, photos, screenshots, videos and other communications will be stored on our servers. In addition, if you choose to share these items with other YELL users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the YELL application is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). YELL is not responsible for any use or misuse of information you share.

YELL may also collect and gather user contents (e.g., photos, screenshots, comments, and other materials) that you create on the Service. Your photo can be taken by other users on the YELL, and If they use capturing function provided by the YELL, those photos can be stored and used for YELL and 3rd party’s service (eg, Facebook, etc.). If you do not agree with all the terms of this Privacy Policy, do not use the Service.

We also collect error-reporting information if the Service crashes or hangs up so that we can investigate the error and improve the stability of the Service for future releases. In general these reports do not contain personally identifiable information, or only incidentally. As part of these error reports, we receive information about the type and version of your device, the device identifier, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and fixing the error. 3. For what purpose do we use your personal data? We collect your Personal Data and other information to give every User of the Service a safe, optimal and personal user experience. We may use information that we collect for the following purposes: The publication of your user profile. A social platform means that you can make contact with other users. We process your data in a unique user profile that will be visible for other users, visitors of the platform and users of some search engines.A User controls the information on his or her profile and can choose whether or not his or her profile is included in public search results (via settings). The improvements and development of matching results, techniques and other functionalities. We are specialized in successful matching. Our results are more accurate and more successful as we have more details on our users. The improvement of platform functionality by analysis and interpretation of user statistics. We are happy to make use of new techniques to improve and renew our products and services. Advertising. Advertising allows us to provide you the rich content available on the Service. Some of our ads are based on the content of pages you are viewing elsewhere on the internet (i.e. online behavioral advertising). We believe that such tailored ads are more relevant to you and, therefore, more desirable.We and our partners, including Facebook and Google, use your personal data to tailor ads and possibly even show them to you at the relevant time. For example, if you have installed our App, you might see ads of our products, for example, in your Facebook’s feed.

How to opt out or influence personalized advertising

iOS:On your iPhone or iPad, go to “Settings,” then “Privacy” and tap “Advertising” to select “Limit Ad Track”. In addition, you can reset your advertising identifier (this also may help you to see less of personalized ads) in the same section.

Android:To opt-out of ads on an Android device, simply open the Google Settings app on your mobile phone, tap “Ads” and enable “Opt out of interest-based ads”. In addition, you can reset your advertising identifier in the same section (this also may help you to see less of personalized ads). The detection of, and protection against fraud, errors and/or criminal behavior and breaches of our code of conduct. This is necessary in order to be able to offer a secure and a high-performance platform. Although we do not usually read or monitor the messages sent or received by you via the Service, we reserve the right to access and view such messages to detect any fraud or other illegal and undesirable user behavior, perform background checks on users or take any legally required actions. For instance, that may happenif we receive numerous complaints from the users on the content of the messages received from you. General member management and carrying out our paid services. By this we mean any action necessary to ensure proper service to our users. We use information to personalize the Service for you, such as to select the payment processor available to you, determine eligibility for promotions, and show you personalized advertisements.

Some of the data we receive can, due to their nature, be qualified as "sensitive". Sensitive data is data considering your health, racial or ethnic origin, political opinions, religious or philosophical beliefs and sexuality. Users are not required to share sensitive Personal Data on their profiles, but they can choose to do so. Sensitive Personal Data will only be processed in function of previous mentioned objectives.

During the registration process, the User agrees explicitly to the processing of all of his or her personal data. To comply with legal obligations. We may process, use, or share your data when the law requires it, in particular, if a law enforcement agency requests your data by available legal means. 4. Is my personal data shared with third parties? Other than as set forth in this Privacy Policy, we will not share your Personal Data with third parties unless you have given us permission to do so.

Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that YELL may, in good faith, access, preserve, and disclose any information we have collected about you or that you have submitted: In response to subpoenas, court orders, or legal process, or to establish, protect, or exercise ourlegal rights or defend against legal claims. To protect the rights and property of YELL, its affiliates, or the public. If we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person. To our parent company, subsidiaries, joint ventures, or other companies under common control with YELL (in which case we will require such entities to honor this Privacy Policy). If YELL is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Privacy Policy). YELL may forward any counter notification that you submit pursuant to Terms of Service, and any related communications, to third parties. As we develop our business, we may buy or sell assets or business offerings. Customers’ information is generally one of the transferred business assets in these types of transactions. We may also share such information with any affiliated entity (e.g. parent company or subsidiary) and may transfer such information in the course of a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. We share personal data with third parties that we hire to provide services or perform business functions on our behalf, based on our instructions. We share your personal information with the followingtypes of service providers:cloud storage providers, data analytics providers, measurement partners, marketing partners (in particular, social media networks, marketing agencies, email delivery services).

We may anonymize or aggregate data collected through the Service and use and disclose it for any purpose. 5. What are my rights as a data subject? Every User can be assured that we will process his or her personal data in a fair and lawful manner. We guarantee the following: Your personal data will only be processed for expressly stated and legitimate purposes. Processing of personal data will always be sufficient, proportionate and never excessive. We will never store your personal data longer than is strictly necessary.

We have taken sufficient technical and organizational measures to guarantee safe processing of your personal data. These measures are consistent with the nature of the personal data and proportionate to the potential severity of the risk.

Every User has the following rights: Right to object: Each User can oppose to the processing of Personal Data when there are sufficient legitimate and serious grounds relating to his or her particular situation. The User may at any time, free of charge and without further ado, oppose the proposed processing of Personal Data if the data was obtained for the purpose of direct marketing. Right to access: Each User has the right of access to all information regarding the processing of his or her Personal Data. Right to correct and delete: Each User can, at any time, ask for a correction or deletion of his or her personal data. You may update or correct the profile information that you have provided to YELL or deactivate your profile by editing your account settings or by sending an email to [email protected]. YELL may retain certain information *for a reasonable period of time to comply* with our legal obligations or for legitimate business purposes, such as to resolve disputes and enforce our legal rights. 6. Opting out of future communications If you have questions or concerns regarding this Privacy Policy, please feel free to contact us or write to us at:

8401 Collins Ave STE 100-241, Sunny Isles Beach, Florida 33160, United States Email:[email protected] 7. Public. Social areas Your use of areas of the Service that are intended for interaction with other users may reveal your user name and may allow you to publish certain personal information about you. By choosing to use these areas, you understand and agree that anyone with access to those areas may access and forward any information about you that is contained in or that you post to those areas. As with any social networking service, you should use care when disclosing your personal information to strangers.

Also, the Service may permit interactions between the Service and a third party website or service, suchas enabling you to "like" a product on our Service or "share" content to other websites or services. If you choose to "like" or "share" content on the Service or to otherwise post information from or via the Service to a third party's website, service, feature or application, that information will become public and the third party may have access to information about you and your use of our Service. 8. Third-party websites The Service may contain links to websites operated and maintained by third parties over which we have no control. Privacy policies on such linked websites may be different from our Privacy Policy. You accesssuch linked websites at your own risk. Similarly, the Service may be accessed and used from third-party websites that we do not control. We have no control over the privacy policies of such third-party websitesand you access such third-party websites at your own risk. 9. Security. Monitoring We incorporate commercially reasonable safeguards to help protect and secure your Personal Data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Service and provide us with your information at your own risk.

To help protect you and others, we may monitor your use of the Service and use your Personal Data and/or other information we collect in order to: identify fraudulent activities and transactions; prevent abuse of and investigate and/or prosecute potential threats to or misuse of the Service; ensure compliance with the Terms of Service and this Privacy Policy; investigate violations of or enforce these agreements; and protect the rights and property of you, YELL, its partners and other customers. This security monitoring may result in the collection, recording, and analysis of online activity or communications through the Service. If you do not consent to these conditions, you must discontinue your use of the Service. 10. Children & COPPA We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children's Online Privacy Protection Act ("COPPA") without such parental consent. In fact, if you are under 18 years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.

In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us by email at [email protected]. 11. Notice to California residents California’s Shine the Light law gives California residents the right to ask companies once a year what personal information they share with third parties for those third parties' direct marketing purposes. Learn more about what is considered to be personal information under the statute.

To obtain this information from us, please send an email message to [email protected] which includes “Request for California Privacy Information” on the subject line and your state of residence and email address in the body of your message. If you are a California resident, we will provide the requested information to you at your email address in response.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. 12. Data retention We will store your personal data for as long as it is reasonably necessary for achieving the purposes set forth in this Privacy Policy (including providing the Service to you), which includes (but is not limited to) the period during which you have an account with the App. We will also retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 13. Consent to transfer The Service is primarily operated in the United States. In order to provide our products and services to you, we may send and store your Personal Data outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred.

If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. 14. Miscellaneous The Service is primarily operated in the United States. In order to provide our products and services to you, we may send and store your Personal Data outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, yourpersonal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred.

If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. 15. Personal data controller YELL, a company registered in the United States of America (with registered office at Collins AveSTE 100-241, Sunny Isles Beach, Florida 33160) will be the controller of your personal data. 16. Additional questions Again, feel free to contact us any time if you have further questions about this [email protected]

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